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Local Government (Water Services) Act 2025

Provision of water services: operational matters - Accessing land to carry out water services infrastructure work - Appeals relating to Māori-owned land

170: Appeal to Māori Land Court

You could also call this:

"Appealing to the Māori Land Court if you disagree with a decision about your Māori-owned land or water services"

Illustration for Local Government (Water Services) Act 2025

If you own Māori-owned land, you can appeal to the Māori Land Court if you do not agree with the outcome of an internal review. You can also appeal if you are a water service provider and have a decision made against you under section 166(4)(b).

To appeal, you must give notice of appeal within a certain time frame, which is usually 20 working days after you are notified of the reviewer's decision under section 167, or 50 working days if you are a water service provider.

The Māori Land Court can then make an order that confirms, changes, or cancels the original decision. If you are a water service provider, the court can also make orders that allow you to enter the land and do work, either with or without conditions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004503.

Topics:
Māori affairs > Māori landEnvironment and resources > Food and water safetyHousing and property > Land use
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"Challenging a Māori Land Court decision: how to appeal to the Māori Appellate Court"

Part 3Provision of water services: operational matters
Accessing land to carry out water services infrastructure work: Appeals relating to Māori-owned land

170Appeal to Māori Land Court

  1. An owner of Māori-owned land may appeal to the Māori Land Court against the outcome of an internal review.

  2. In addition, this section applies to an appeal by a water service provider under section 166(4)(b).

  3. An appeal must be made by giving notice of appeal—

  4. not later than 20 working days after the date on which the owner is notified of the reviewer’s determination under section 167; or
    1. for an appeal by a water service provider under section 166(4)(b), not later than 50 working days after the provider gives notice to the owner under section 162; or
      1. within any further time that the Māori Land Court allows.

        1. On an appeal under subsection (1), the Māori Land Court may make an order confirming, varying, or setting aside the reviewer’s determination.

        2. On an appeal under subsection (2), the Māori Land Court may make orders—

        3. confirming the position taken by the owner of the land; or
          1. if the owner declined consent, setting aside the owner’s decision and replacing it with a determination that the entry and work may proceed—
            1. subject to reasonable conditions specified by the court; or
              1. unconditionally; or
              2. if the owner imposed conditions,—
                1. varying those conditions; or
                  1. removing those conditions; or
                    1. substituting new conditions; or
                    2. if the owner did not respond to the provider’s notice within 30 working days,—
                      1. determining whether the entry and work may proceed (in a case where the owner’s consent is required); and
                        1. specifying reasonable conditions in relation to the entry and work.

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