Treaty of Waitangi Act 1975

8D: Special power of Tribunal to recommend that land be no longer liable to resumption

You could also call this:

"The Tribunal can help stop the government from taking certain land if you ask them and others agree."

The Tribunal has a special power to recommend that some land is no longer taken by the government. You can ask the Tribunal to do this if you own the land or have an interest in it and it is affected by section 8A. The Tribunal will tell the Minister, as defined in section 4 of the Cadastral Survey Act 2002, about their decision.

The Tribunal can make this recommendation if the public has been told about your application and either no one has made a claim about the land or everyone who has made a claim agrees with your application. The Tribunal does not have to decide if the claim is valid before making the recommendation. They can recommend that the land is no longer subject to resumption under section 27B of the State-Owned Enterprises Act 1986 or section 569 of the Education and Training Act 2020.

The Tribunal can also talk to a Judge of the Maori Land Court about the application. They can ask for advice on what to do next or how to tell the public about the application. This is all part of the process to decide if the land should be no longer taken by the government.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435564.


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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"


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8E: Issue of certificate on recommendation of Tribunal, or

"The Minister gives a special certificate when the Tribunal says some land is safe from being taken back."

8DSpecial power of Tribunal to recommend that land be no longer liable to resumption

  1. The Tribunal may, in its discretion, on the application of a State enterprise or other owner of any land or interest in land to which section 8A applies, recommend to the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 that the whole or part of that land or that that interest in land be no longer subject to resumption under section 27B of the State-Owned Enterprises Act 1986 or section 569 of the Education and Training Act 2020 if—

  2. public notice has been given, in accordance with section 8G, of the making of an application under this section in respect of that land or interest in land; and
    1. either—
      1. no claim in relation to that land or interest in land has been submitted to the Tribunal under section 6 before the date specified in the notice; or
        1. all the parties to any claim submitted to the Tribunal under section 6 in relation to that land or interest in land have informed the Tribunal in writing that they consent to the making of the recommendation.
        2. The Tribunal may make a recommendation pursuant to subsection (1)(b)(ii) without being obliged to determine first whether or not the claim is well-founded.

        3. The Tribunal may, where it considers it appropriate, consult with a Judge of the Maori Land Court about—

        4. the directions to be given under section 8F; or
          1. the public notice to be given under section 8G,—
            1. in relation to any application under this section.

            Notes
            • Section 8D: inserted (with effect on 9 December 1987), on , by section 4 of the Treaty of Waitangi (State Enterprises) Act 1988 (1988 No 105).
            • Section 8D(1): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
            • Section 8D(1): amended, on , pursuant to section 68(2) of the Cadastral Survey Act 2002 (2002 No 12).
            • Section 8D(1): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
            • Section 8D(1): amended, on , by section 50(1) of the Education Amendment Act 1990 (1990 No 60).