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Treaty of Waitangi Act 1975

Recommendations in relation to Crown forest land

8HF: Issue of certificate on recommendation of Tribunal

You could also call this:

"The Minister gives a special paper to say land won't go back to Maori owners after the Tribunal decides."

When the Tribunal makes a recommendation about some land, the Minister will issue a certificate. This certificate says the land will not be returned to Maori ownership. The Minister is the person in charge, as defined in section 4 of the Cadastral Survey Act 2002.

If the land is subject to the Land Transfer Act 2017, the Minister will give a copy of the certificate to the Registrar-General of Land. The Registrar-General of Land will then register the certificate against the record of title to the land.

If the land is not subject to the Land Transfer Act 2017, and other conditions are met, the Minister will give a copy of the certificate to the Surveyor-General. The Surveyor-General will note the certificate on the plans and records relating to the 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=DLM435812.

Topics:
Māori affairs > Treaty of WaitangiLand use > Land use
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8HFIssue of certificate on recommendation of Tribunal

  1. The Minister within the meaning of section 4 of the Cadastral Survey Act 2002 shall, on receiving in respect of any licensed land a recommendation under section 8HB or section 8HE, issue a certificate to the effect that the land is not liable to be returned to Maori ownership.

  2. Where the licensed land is subject to the Land Transfer Act 2017 or where the Crown forestry licence is registered pursuant to section 30 of the Crown Forest Assets Act 1989, the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 shall cause a copy of the certificate to be lodged with the Registrar-General of Land.

  3. The Registrar-General of Land shall, without fee, register the certificate against the record of title to the land or endorse a memorial on the copy of the Crown forestry licence, as the case may be.

  4. Where—

  5. the land is not subject to the Land Transfer Act 2017; and
    1. a copy of the Crown forestry licence has not been registered pursuant to section 30 of the Crown Forest Assets Act 1989; and
      1. instruments relating to the land are not registrable under the Deeds Registration Act 1908,—
          1. the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 shall cause a copy of the certificate to be lodged in the office of the Surveyor-General for the district in which the land is situated, and the Surveyor-General shall note the certificate on the plans and records relating to the land.

        Notes
        • Section 8HF: inserted, on , by section 40 of the Crown Forest Assets Act 1989 (1989 No 99).
        • Section 8HF(1): amended, on , pursuant to section 68(2) of the Cadastral Survey Act 2002 (2002 No 12).
        • Section 8HF(1): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
        • Section 8HF(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
        • Section 8HF(2): amended, on , pursuant to section 68(2) of the Cadastral Survey Act 2002 (2002 No 12).
        • Section 8HF(2): amended, on , pursuant to section 5 of the Survey Amendment Act 1996 (1996 No 55).
        • Section 8HF(3): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
        • Section 8HF(4): amended, on , pursuant to section 68(2) of the Cadastral Survey Act 2002 (2002 No 12).
        • Section 8HF(4): amended, on , pursuant to section 69(1) of the Cadastral Survey Act 2002 (2002 No 12).
        • Section 8HF(4): amended, on , pursuant to section 5 of the Survey Amendment Act 1996 (1996 No 55).
        • Section 8HF(4)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).