New Zealand Acts

MĀORI PURPOSES (WI PERE TRUST) ACT 1991 - SECT 41

41 Jurisdiction of Māori Land Court under Fencing Act 1978

1 This section applies if a claim, dispute, or question arises under the Fencing Act 1978 that—

a) relates to both Māori freehold land and general land held by the trust board; but

b) does not relate to Māori freehold land or general land owned by Māori that is held by another party.

2 If this section applies, the trust board may elect to—

a) make an application to the Māori Land Court in respect of the Māori freehold land and an application to the District Court in respect of the general land; or

b) make an application in respect of both the Māori freehold land and the general land to the District Court.

3 If the trust board elects to make an application under subsection (2)(b), section 26(2) of the 1993 Act does not apply.

Note: 1993 No 4 s 26(2)

History: Section 41: inserted, on 12 May 2017, by section 9 of the Māori Purposes Act 2017 (2017 No 18).