Reprinted as at 1 July 2009
290 (1)
(2)
Te Ture Whenua Maori Act 1993/Maori Land Act 1993
Part 14 s 291
Modes of partition The Court may partition any land under this Part of this Act in any one or more of the following ways: (a) Into parcels held by single owners in severalty: (b) Into parcels held by 2 or more owners as joint tenants: (c) Into parcels held by any number of owners as tenants in common together with owners holding as joint tenants: (d) Into parcels held by 2 or more owners as tenants in com mon. Nothing in this Part of this Act shall prevent any such owner from retaining any interest in the residue of the land. Compare: 1953 No 94 s 180; 1961 No 129 s 8
291 (1)
(2)
(3)
(4)
Discretionary powers of Court in making partitions In partitioning any land under this Part of this Act, the Court may exercise its discretionary powers in accordance with the following provisions of this section: (a) It may partition the land among the several owners in accordance, as nearly as may be, with their several shares; or (b) In order to give effect to any agreement or arrangement made by the owners concerned, it may allot the share or any of the shares of any owner to any other owner, sub ject to such conditions as to payment of compensation or otherwise as may have been agreed to. Nothing in subsection (1)(a) of this section shall limit the powers conferred on the Court by section 293 of this Act, or to prevent the Court from varying the shares of the several owners with their consent, or otherwise from varying their shares within reasonable limits if, in its opinion, a variation is necessary to enable the Court to make an equitable partition. The Court shall make vesting orders for the purpose of giving effect to any arrangement made for the purpose of subsection (1)(b) of this section. When any compensation is made payable by any person under subsection (1)(b) of this section, the Court may, in the partition order or by a separate charging order, constitute the compen
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