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Part 5
Dispute resolution

177 Outline of this Part

This Part provides a process for the resolution of disputes over specified decisions, including—

(a) a requirement that those decisions be notified to the parties involved; and

(b) the application of an extended jurisdiction for the Māori Land Court.

178 Purpose of this Part

(1) The purpose of this Part is—

(a) to impose a general obligation on all persons making decisions specified in section 180(1) to give notice of the decision in accordance with section 179; and

(b) to provide for an independent and transparent process for the resolution of disputes arising in relation to the specified decisions; and

(c) to provide for certain matters relevant to disputed decisions.

Subpart 1—Procedure for resolution of disputes

179 Notification of specified decisions

(1) A person who makes a decision specified in section 180(1) must notify the parties in writing of—

(a) the nature of the decision that has been made; and

(b) if requested by a party, the principal reasons for the decision.

(2) Subsection (1)(b) applies only to the extent that it is not inconsistent with any other enactment or rule of law.

(3) Notification required by subsection (1) may be made by publication in the Gazette or in another publication that the decision maker considers appropriate.

Application of Part

180 Application of this Part to specified decisions

(1) This Part applies to disputes that arise between or among the specified parties over—

(a) the classification of quota by Te Ohu Kai Moana Trustee Limited under section 7, between Te Ohu Kai Moana Trustee Limited and 1 or more mandated iwi organisations:

(b) a determination of a coastline entitlement by Te Ohu Kai Moana Trustee Limited under section 11, between or among Te Ohu Kai Moana Trustee Limited and 1 or more mandated iwi organisations:

(c) the division of disputed coastline that is the subject of a written agreement provided to Te Ohu Kai Moana Trustee Limited in support of an interim coastline claim made under clause 4 of Schedule 6 and for which a coastline entitlement has been determined, between or among Te Ohu Kai Moana Trustee Limited and the parties to that agreement:

(d) whether an organisation seeking recognition or claiming continued recognition as a mandated iwi organisation meets the criteria in section 14, between Te Ohu Kai Moana Trustee Limited and 1 or more mandated iwi organisations:

(e) which of 2 or more organisations claiming to be qualified as the mandated iwi organisation for an iwi is to be recognised by Te Ohu Kai Moana Trustee Limited under section 13(1), between Te Ohu Kai Moana Trustee Limited and 1 or more mandated iwi organisations:

(f) a proposal by Te Ohu Kai Moana Trustee Limited to make or amend a rule under section 25, between Te Ohu Kai Moana Trustee Limited and an affected mandated iwi organisation:

(g) whether a recognised iwi organisation has failed to comply with section 28(2), between Te Ohu Kai Moana Trustee Limited and that recognised iwi organisation:

(h) whether a mandated iwi organisation has remedied a breach of the conditions on which assistance was given to it by Te Ohu Kai Moana Trustee Limited under section 34(i) or (j), between Te Ohu Kai Moana Trustee Limited and the mandated iwi organisation to which the conditions applied:

(i) compliance with the requirements for calling or conducting meetings under clause 1 or clause 7 of Schedule 8, between—

(i) 1 or more mandated iwi organisations; or

(ii) 1 or more representative Māori organisations; or

(iii) any combination of those organisations; or

(iv) a person who has been removed from Te Kawai Taumata and a mandated iwi organisation or a representative Māori organisation:

(j) a decision by Te Ohu Kai Moana Trustee Limited under section 135(1) or (2), between a relevant mandated iwi organisation and Te Ohu Kai Moana Trustee Limited:

(k) harbour quota to be allocated to an iwi under section 143, between—

(i) mandated iwi organisations; or

(ii) Te Ohu Kai Moana Trustee Limited and 1 or more mandated iwi organisations:

(l) freshwater quota to be allocated to an iwi under section 148, between—

(i) mandated iwi organisations; or

(ii) Te Ohu Kai Moana Trustee Limited and 1 or more mandated iwi organisations:

(m) an allegation made by an adult member of an iwi that, in relation to a matter addressed in this Act, a decision, act, or omission of the mandated iwi organisation of that person's iwi is contrary to—

(i) this Act; or

(ii) the constitutional documents or policies of the mandated iwi organisation.

(2) In this section, relevant, in relation to a mandated iwi organisation, means the organisation to which the decision relates directly, but does not include a third party to that decision.

181 Resolution of disputes

(1) If a dispute arises in relation to a specified decision referred to in section 180(1) and the parties are unable, within a reasonable time, to resolve the dispute, they must, acting in good faith,—

(a) endeavour to agree on a process for resolving the dispute, including (but not limited to) all or any of the following:

(i) further negotiations:

(ii) mediation:

(iii) determination of the dispute by an independent expert; and

(b) before proceeding to take any other action under this Part, engage in the process agreed under paragraph (a).

(2) Unless Te Ohu Kai Moana Trustee Limited is a party to the dispute, a party may refer the dispute to Te Ohu Kai Moana Trustee Limited for determination if—

(a) the parties cannot agree on a dispute resolution process under subsection (1)(a); or

(b) the timetable for the dispute resolution process is not being complied with; or

(c) the dispute resolution process does not resolve the dispute.

182 Reference to Māori Land Court

(1) This section applies if—

(a) Te Ohu Kai Moana Trustee Limited is 1 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 Māori Land Court under section 26B of Te Ture Whenua Māori 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 Māori Land Court may make a determination under section 26C of Te Ture Whenua Māori 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 Māori Land Court for determination under section 26C of Te Ture Whenua Māori 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 Māori Land Court, for determination under section 26C of Te Ture Whenua Māori 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.

183 Effect of reference or application etc to Māori Land Court

(1) This section applies to—

(a) a dispute that may be referred to the Māori Land Court under section 182:

(b) an application by Te Ohu Kai Moana Trustee Limited under section 185(1):

(c) an action taken by Te Ohu Kai Moana Trustee Limited in reliance on section 186:

(d) an application made under section 187:

(e) an order made by a Judge under section 26M of Te Ture Whenua Māori Act 1993.

(2) Until a matter referred to in subsection (1)(a) to (d) has been determined under section 26C of Te Ture Whenua Māori Act 1993 and all rights of appeal for that matter have been exercised in full, a person who is a party to the matter or order must not—

(a) apply for review under Part I of the Judicature Amendment Act 1972; or

(b) commence proceedings for a writ of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction in relation to that decision.

(3) Until all rights of appeal in relation to an order referred to in subsection (1)(e) have been exercised in full, a person who is a party to the matter which is the subject of the order must not—

(a) apply for review under Part I of the Judicature Amendment Act 1972; or

(b) commence proceedings for a writ of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction in relation to that decision.

Subpart 2—Other matters relevant to disputed decisions

184 Implementation of decision

(1) A specified decision referred to in section 180(1) may be implemented by the decision maker before the expiry of the period of time referred to in subsection (2), but only to the extent that its implementation does not deprive a party that disputes the decision of the benefit of, or any remedy available under, the dispute resolution process set out in this Part.

(2) A decision may be fully enforced if no party has commenced the dispute resolution process within 30 working days after receiving notification of the decision under section 179.

(3) If, within that 30-working day period, all parties notified of a decision under section 180 advise the decision maker that they do not wish to invoke the dispute resolution process, that waiver is binding on the parties.

185 Powers of Te Ohu Kai Moana Trustee Limited in relation to mandated iwi organisations

(1) Whether or not the processes in sections 181 and 182 have been followed by the parties that dispute a decision referred to in section 180(1)(d) or (e), Te Ohu Kai Moana Trustee Limited may apply to the Māori Land Court under section 26C of Te Ture Whenua Māori Act 1993 for an order denying or suspending recognition of a mandated iwi organisation on the ground that—

(a) it fails to meet 1 or more of the criteria set out in section 14; or

(b) it is not making reasonable efforts to meet the requirements to enable it to qualify to receive settlement assets under section 130.

(2) An application referred to in subsection (1) must explain fully why, in the opinion of Te Ohu Kai Moana Trustee Limited, the mandated iwi organisation has failed to meet 1 or more of the relevant criteria.

186 Other powers not limited

Despite sections 181 and 182, Te Ohu Kai Moana Trustee Limited may take any action against a mandated iwi organisation for a breach of any condition of assistance given under section 34(i) and (j).

187 Dispute resolution in relation to reorganisation of specified mandated iwi organisations

(1) If a dispute arises in relation to the matters provided for by or under section 20, a party to the dispute may apply to the Māori Land Court under section 26C(d) of Te Ture Whenua Māori Act 1993 for a determination by order in accordance with that Act.

(2) An application made to the Māori Land Court in reliance on this section must, at the same time, be notified to every affected party.