Plain language law

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Treaty of Waitangi Act 1975

Recommendations in relation to Crown forest land

8HB: Recommendations of Tribunal in respect of Crown forest land

You could also call this:

"The Tribunal's advice on Crown forest land claims, including returning land to Maori ownership."

When you make a claim to the Tribunal about Crown forest land, they can make some recommendations. The Tribunal can recommend that the land be returned to Maori ownership if they think the claim is well-founded and it would fix the problem. They can also recommend that the land not be returned to Maori ownership if they think it is not necessary.

You should know that the Tribunal does not consider what has happened to the land since a Crown forestry licence was granted. They look at what happened before that. The Tribunal can make other recommendations about the land, but they can take into account any payments the Crown has made to compensate for what happened.

If the Tribunal recommends that the land be returned to Maori ownership, some rules about public works will no longer apply to that land. The Tribunal can make recommendations to the Minister, who is defined in section 4 of the Cadastral Survey Act 2002, about what should happen to the land. They can also consider what the Treaty of Waitangi says when making their recommendations.

The Tribunal's recommendations are made under section 6 of the Treaty of Waitangi Act 1975. They can also look at section 36 and Schedule 1 of the Crown Forest Assets Act 1989 when making their recommendations. If they recommend that land be returned to Maori ownership, sections 40 to 42 of the Public Works Act 1981 will no longer apply to that land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435597.

Topics:
Māori affairs > Treaty of WaitangiMāori affairs > Māori land
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8HBRecommendations of Tribunal in respect of Crown forest land

  1. Subject to section 8HC, where a claim submitted to the Tribunal under section 6 relates to licensed land the Tribunal may,—

  2. if it finds—include in its recommendation under section 6(3) a recommendation that the land or that part of that land be returned to Maori ownership (which recommendation shall be on such terms and conditions as the Tribunal considers appropriate and shall identify the Maori or group of Maori to whom that land or that part of that land is to be returned); or
    1. that the claim is well-founded; and
      1. that the action to be taken under section 6(3) to compensate for or remove the prejudice caused by the ordinance or Act, or the regulations, order, proclamation, notice, or other statutory instrument, or the policy or practice, or the act or omission that was inconsistent with the principles of the Treaty of Waitangi, should include the return to Maori ownership of the whole or part of that land,—
      2. if it finds—recommend to the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 that that land or that part of that land not be liable to return to Maori ownership; or
        1. that the claim is well-founded; but
          1. that a recommendation for return to Maori ownership is not required, in respect of that land or any part of that land by paragraph (a)(ii),—
          2. if it finds that the claim is not well-founded, recommend to the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 that that land or that part of that land not be liable to return to Maori ownership.

            1. In deciding whether to recommend the return to Maori ownership of any licensed land, the Tribunal shall not have regard to any changes that have taken place in—

            2. the condition of the land and any improvements to it; or
              1. its ownership or possession or any other interests in it—
                  1. that have occurred after or by virtue of the granting of any Crown forestry licence in respect of that land.

                1. Nothing in subsection (1) prevents the Tribunal making in respect of any claim that relates in whole or in part to licensed land any other recommendation under subsection (3) or subsection (4) of section 6; except that in making any other recommendation the Tribunal may take into account payments made, or to be made, by the Crown by way of compensation in relation to the land pursuant to section 36 and Schedule 1 of the Crown Forest Assets Act 1989.

                2. On the making of a recommendation for the return of any land to Maori ownership under subsection (1), sections 40 to 42 of the Public Works Act 1981 shall cease to apply in relation to that land.

                Notes
                • Section 8HB: inserted, on , by section 40 of the Crown Forest Assets Act 1989 (1989 No 99).
                • Section 8HB(1)(b): amended, on , pursuant to section 68(2) of the Cadastral Survey Act 2002 (2002 No 12).
                • Section 8HB(1)(b): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
                • Section 8HB(1)(c): amended, on , pursuant to section 68(2) of the Cadastral Survey Act 2002 (2002 No 12).
                • Section 8HB(1)(c): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).