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Treaty of Waitangi Act 1975

Recommendations in relation to Crown forest land

8HE: Special power of Tribunal to recommend that land not be liable to be returned to Maori ownership

You could also call this:

"The Tribunal can suggest that some land shouldn't be given back to Maori owners."

The Tribunal can recommend that some land should not be returned to Maori ownership. You can ask the Tribunal to do this if you are a Minister of the Crown or a licensee of Crown forest land. The Tribunal will tell the Minister, as defined in section 4 of the Cadastral Survey Act 2002, about their decision.

The Tribunal can only make this recommendation if people have been told about the application. You do this by giving public notice, as stated in section 8HH. The Tribunal can also make this recommendation if no one has made a claim about the land, or if everyone who has made a claim agrees to the recommendation.

The Tribunal does not have to decide if a claim is valid before making a recommendation. They can talk to a Judge of the Maori Land Court about the directions to be given under section 8HG, or the public notice to be given under section 8HH. This is to help the Tribunal make a decision about the application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435808.

Topics:
Māori affairs > Treaty of WaitangiMāori affairs > Māori land
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"The Minister gives a special paper to say land won't go back to Maori owners after the Tribunal decides."

8HESpecial power of Tribunal to recommend that land not be liable to be returned to Maori ownership

  1. The Tribunal may, in its discretion, on the application of any Minister of the Crown or any licensee of Crown forest land, recommend to the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 that the whole or part of any licensed land not be liable to be returned to Maori ownership if—

  2. public notice has been given, in accordance with section 8HH, of the making of an application under this section in respect of that land; and
    1. either—
      1. no claim in relation to that 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 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 8HG; or
          1. the public notice to be given under section 8HH,—
              1. in relation to any application under this section.

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