New Zealand Acts

MAORI FISHERIES ACT 2004 - SECT 182

182 Reference to Maori Land Court

1 This section applies if—

a) Te Ohu Kai Moana Trustee Limited is one of the parties to a dispute referred to in section 180(1) ; or

b) resolution is unable to be reached under section 181 .

2 A party to a dispute may, except in a dispute over a decision referred to in section 180(1)(g) , refer the dispute to the Maori Land Court under section 26B of Te Ture Whenua Maori Act 1993 to obtain—

a) advice on an appropriate dispute resolution process for the purposes of section 181(1) :

b) a non-binding ruling on a question of fact or law to assist in the conduct of the dispute resolution process.

3 The Maori Land Court may make a determination under section 26C of Te Ture Whenua Maori Act 1993 if, on a reference to it under subsection (2), it is of the view that the parties have taken reasonable steps to resolve a dispute resolution process provided for under section 181(1) .

4 If Te Ohu Kai Moana Trustee Limited declines to determine a dispute under section 181(2) , it must refer it to the Maori Land Court for determination under section 26C of Te Ture Whenua Maori Act 1993 .

5 A party to a dispute that has been referred to Te Ohu Kai Moana Trustee Limited under section 181(2) may subsequently refer to the Maori Land Court, for determination under section 26C of Te Ture Whenua Maori Act 1993 ,—

a) the decision of Te Ohu Kai Moana Trustee Limited:

b) the dispute, if Te Ohu Kai Moana Trustee Limited does not make a determination within a reasonable time.