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Marine and Coastal Area (Takutai Moana) Act 2011

Administrative and miscellaneous matters - Recognition by order of Court - Recognition orders

111: Recognition order may be varied or cancelled

You could also call this:

"You can ask the Court to change or cancel a recognition order."

Illustration for Marine and Coastal Area (Takutai Moana) Act 2011

You can ask the Court to change or cancel a recognition order. The Court can change some things in the order, like matters referred to in section 109(2), or protected customary rights. The Court can also cancel the whole order. You can only ask the Court to change the order if you meet certain requirements, like those in section 51 or 58. If the Court changes the order, it must not take away the benefits the group had before the change. Only the holder of the order, or a representative of the group, can ask for a change or cancellation. The Court will not make any changes unless it is satisfied that the person asking for the change has the right to do so and has told the group about it. The Court also needs to know that the group has had a chance to think about the change and say what they think. You can find more information about how to apply for a change in sections 101 to 108. If the Court does make a change, it will follow the same rules as for the original order, as outlined in sections 110 and 113.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213453.

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Part 4Administrative and miscellaneous matters
Recognition by order of Court: Recognition orders

111Recognition order may be varied or cancelled

  1. The Court may—

  2. vary a recognition order, including—
    1. varying any of the matters referred to in section 109(2); and
      1. varying or cancelling a protected customary right or customary marine title that has been delegated or transferred under section 53 or 60(3); or
      2. cancel a recognition order.

        1. However, the Court may vary a recognition order only if the requirements of section 51 or 58, as the case requires, are met by the variation.

        2. In the case of a variation, the variation—

        3. must not have the effect of depriving the group to which the order applied before variation of the benefits of the order; but
          1. does not preclude the transfer or delegation of a right in accordance with tikanga.

            1. An application for variation or cancellation of a recognition order may be made only by—

            2. the holder of the order; or
              1. a representative of the group to which the order applies, if the holder—
                1. has ceased to exist; or
                  1. being a natural person, has died or no longer has legal capacity.

                  2. The Court must not vary or cancel the order unless it is satisfied that—

                  3. the applicant is authorised to apply for the variation or cancellation by the group to which the order applies; and
                    1. the applicant has given sufficient notice of the application to that group; and
                      1. there has been sufficient opportunity for that group to consider the application and make its views known to the applicant; and
                        1. that group has no meritorious objections to the application that would require the Court to decline the application.

                          1. Sections 101 to 108 apply, with necessary modifications, to an application under this section.

                          2. Sections 110 and 113 apply, with the necessary modifications, to the sealing and notification of a variation to, or cancellation of, a recognition order under this section.