Part 1 s 37
(4)
(5)
Te Ture Whenua Maori Act 1993/Maori Land Act 1993
Reprinted as at 1 July 2009
(including the Judge) of the members present at a sitting of the Maori Land Court shall be the decision of the Maori Land Court. If the members present are equally divided in opinion, the decision of the Judge shall be the decision of the Maori Land Court. If any question before the Maori Land Court cannot be de cided in accordance with subsection (2) or subsection (3) of this section, the question shall be referred to the Maori Ap pellate Court for decision in accordance with the practice and procedure of that Court, which for that purpose shall have all the powers of the Maori Land Court under this Act. The de cision of the Maori Appellate Court in any proceedings under this subsection shall be final and shall take effect and be en forced as if it were a decision of the Maori Land Court under this Act. Where, for the purposes of any proceedings or matter, an ad ditional member or additional members are appointed to the Maori Appellate Court under section 28(1) of this Act or pur suant to an Order in Council made under section 27(1) of this Act, section 63 of this Act shall apply in relation to the pro ceedings or matter as if the Maori Appellate Court were con stituted, for the purposes of the proceedings or matter, under section 62 of this Act. Subsection (1) was amended, as from 26 September 2004, by section 5(7) Te Ture Whenua Maori Amendment Act (No 2) 2004/Maori Land Amendment Act (No 2) 2004 (2004 No 79) by inserting the words “section 26E(4) or section 26F(4) or section 26G(5) or” after the words “Maori Land Court under”. Subsection (1) was amended, as from 1 January 2005, by section 5(4) Te Ture Whenua Maori Amendment Act (No 3) 2004 (2004 No 108) by inserting the words “section 26S(4) or section 26T(4) or section 26U(5) or” after the words “section 26G(5) or”. Subsection (2) was amended, as from 1 July 2002, by section 12(2) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16) by inserting the words “or where the Court is constituted under section 33” after the words “section 30(1) of this Act,”.
37 (1)
70
Exercise of jurisdiction generally Subject to any express provisions of this Act or of the rules of Court relating to the making of applications, the jurisdiction of the Court may be exercised on the application of—