Treaty of Waitangi Act 1975

8B: Interim recommendations in respect of land transferred to or vested in State enterprise

You could also call this:

"What happens to land transferred to a State enterprise when the Tribunal makes temporary suggestions"

When the Tribunal makes recommendations about land that has been transferred to a State enterprise, you need to know what happens next. If the recommendations include certain types of decisions made under section 8A(2)(a) or section 8A(2)(b), they are considered interim recommendations at first. The Tribunal will send copies of these interim recommendations to the parties involved in the inquiry.

The Tribunal cannot make these interim recommendations final without the parties' agreement, until at least 90 days have passed since the interim recommendations were made. If you are a party to the inquiry, you can respond to the interim recommendations within 90 days by either accepting them, implementing them, or offering to negotiate with the other party.

If the parties settle the claim before the interim recommendations are confirmed, the Tribunal may cancel or change them. If the claim is not settled, the interim recommendations will become final after 90 days. The Tribunal can also correct any mistakes in the interim recommendations, and will send the corrected version to the parties as soon as possible.

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This page was last updated on 26 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435560.

Topics:

Māori affairs > Treaty of WaitangiEnvironment and resources > Māori land

8A: Recommendations in respect of land transferred to or vested in State enterprise, or

"What happens to Maori land given to a State enterprise and how it can be returned"

8C: Right to be heard on question in relation to land transferred to or vested in State enterprise, or

"Having a say about land given to a State enterprise"

8BInterim recommendations in respect of land transferred to or vested in State enterprise

Where the recommendations made by the Tribunal include a recommendation made under section 8A(2)(a) or section 8A(2)(b), all of those recommendations shall be in the first instance interim recommendations.
The Tribunal shall cause copies of its interim findings and interim recommendations to be served on the parties to the inquiry.
Subject to subsection (5), the Tribunal shall not, without the written consent of the parties, confirm any interim recommendations that include a recommendation made under section 8A(2)(a) or section 8A(2)(b), until at least 90 days after the date of the making of the interim recommendations.
Where any party to the inquiry is served with a copy of any interim recommendations that include a recommendation made under section 8A(2)(a) or section 8A(2)(b), that party—
may, within 90 days after the date of the making of the interim recommendations, offer to enter into negotiations with the other party for the settlement of the claim; and
shall, within 90 days after the date of the making of the interim recommendations, inform the Tribunal—
1. whether the party accepts or has implemented the interim recommendations; and
2. if the party has made an offer under paragraph (a), the result of that offer.

If, before the confirmation of any interim recommendations that include a recommendation made under section 8A(2)(a) or section 8A(2)(b), the claimant and the Minister of Maori Affairs settle the claim, the Tribunal shall, as the case may require, cancel or modify the interim recommendations and may make, if necessary, a final recommendation under section 8A(2)(a) or section 8A(2)(b).
If subsection (5) does not apply in relation to any interim recommendations that include a recommendation made under section 8A(2)(a) or section 8A(2)(b), upon the expiration of the 90th day after the date of the making of the interim recommendations, the interim recommendations shall take effect as final recommendations.
Notwithstanding anything in subsections (1) to (6), if any interim recommendations contain a clerical mistake or an error arising from any accidental slip or omission, whether the mistake, error, slip, or omission was made by an officer of the Tribunal or not, or if any interim recommendations are so drawn up as not to express what was actually decided and intended, the interim recommendations may be corrected by the Tribunal, either of its own motion or on the application of any party.
Where the interim recommendations are corrected under subsection (7),—
the Tribunal shall cause copies of the corrected interim recommendations to be served on the parties to the inquiry as soon as practicable; and
the period that applies for the purposes of subsections (3), (4), and (6) shall expire on the 90th day after the date of the making of the corrected interim recommendations.

Notes

Section 8B: inserted (with effect on 9 December 1987), on 30 June 1988, by section 4 of the Treaty of Waitangi (State Enterprises) Act 1988 (1988 No 105).