“order, in relation to the Court,—

• “(a) means—

  • “(i) an order, judgment, decision, or determination of the Maori Land Court or the Maori Appellate Court; and

  • “(ii) an order made by a Registrar in the exercise of a jurisdiction or power pursuant to section 39(1); and

  • “(iii) an order made by the Chief Judge under section 44; and

• “(b) includes a refusal to make an order, judgment, decision, or determination of a kind referred to in paragraph (a)(i) or paragraph (a)(ii) or paragraph (a)(iii)”.

“24A Powers of Court under Contracts (Privity) Act 1982 and Contractual Remedies Act 1979

• “(1) Subject to subsection (2), the Court may exercise any power conferred on the High Court—

  • “(a) by the Contracts (Privity) Act 1982; or

  • “(b) by any of the provisions of sections 4, 7(6), 7(7), and 9 of the Contractual Remedies Act 1979.

  “(2) A power conferred on the Court by subsection (1) may be exercised only if the occasion for the exercise of that power arises in the course of proceedings (other than an application made for the purposes of section 7(1) of the Contracts (Privity) Act 1982 or section 7(6) or section 9 of the Contractual Remedies Act 1979) properly before the Court under section 18(1)(d) of this Act.”

• “(3) Instead of or in addition to making an order declaring the nature and effect of the instrument, the Court may, on an application under this section, make an order vesting land or an interest in land to which the instrument related in—

  • “(a) any person or persons claiming under the instrument; or

  • “(b) any other person or persons claiming under or through the person or persons specified in paragraph (a).”

“228 Trustees' powers of alienation

• “(1) Despite anything in the trust order, but subject to subsection (2) and to section 243(7), the trustees of a trust constituted under this Part of this Act have no power to sell any land (being Maori freehold land or land that ceased to be Maori land by reason of the registration of a status declaration issued under section 6 of the Maori Affairs Amendment Act 1967) vested in them for the purposes of the trust unless the proposal to sell has the consent of—

  • “(a) at least three-quarters of the owners, where no owner has a defined share in the land; or

  • “(b) the persons who together own at least 75% of the beneficial freehold interest in the land.

  “(2) Subsection (1) and section 147(2) do not apply in any case where the Court is satisfied that it is necessary for the trustees to sell, for the purpose of effecting minor boundary adjustments, part of the land vested in the trustees for the purposes of the trust.

  “(3) Every alienation of any land (being Maori freehold land or land that ceased to be Maori land by reason of the registration of a status declaration issued under section 6 of the Maori Affairs Amendment Act 1967) by way of sale or gift by the trustees of a trust constituted under this Part of this Act is of no force or effect unless and until it is confirmed by the Court under Part VIII.”

• “(5) Despite subsection (4), but subject to subsections (6) and (7), the provisions of section 293 relating to the Court's power to award, in a partition order, compensation for improvements effected on the land to which the order relates apply, with any necessary modifications, to the cancellation of any aggregation order under this section.

• “(6) Where land that will be affected by the cancellation of an aggregation order is—

  • “(a) land in respect of which a trust is constituted under Part XII; or

  • “(b) land vested in a Maori incorporation,—

  “the Court may not exercise the power conferred on the Court by subsection (5) unless it has first consulted the trustees or the management committee of the incorporation, as the case may require.

• “(7) The Court may not, under section 293(1) (as applied by subsection (5)), award additional land to any owner unless it is satisfied that the owner of the additional land has been given a reasonable opportunity of recompensing the owner who effected the improvements that would be the basis for the award of additional land.”

• “(17) Where any Maori reservation (set apart under any Act repealed by this Act or the corresponding provisions of any former Act) is subsisting at the commencement of this Act, this Act, and any regulations made under this Act, have effect,—

  • “(a) in relation to the Maori reservation, as if it were a Maori reservation set apart under this section; and

  • “(b) in relation to any vesting order made in respect of the Maori reservation (under any Act repealed by this Act or the corresponding provisions of any former Act), as if that vesting order were a vesting order made under this section.”

“338A Regulations relating to trustees of Maori reservations

• “(1) Regulations made under section 338(15) may, in relation to the trustees of Maori reservations generally or in relation to the trustees of any specified Maori reservation or of any specified class of Maori reservations,—

  • “(a) specify—

    • “(i) terms for which those trustees or any of them are to be appointed:

    • “(ii) circumstances in which those trustees or any of them cease to hold office:

    • “(iii) circumstances in which those trustees or any of them may be removed from office by the Court:

    • “(iv) powers, authorities, and discretions that may be exercised by those trustees (in addition to those conferred on them by this Act) and the manner in which those trustees or any of them may exercise their powers, authorities, and discretions (including those conferred on them by this Act or the Trustee Act 1956 or both):

    • “(v) powers, authorities, and discretions conferred by the Trustee Act 1956 that may not be exercised by those trustees:

    • “(vi) conditions that must be complied with by those trustees:

  • “(b) authorise the Court to exercise in relation to those trustees (but not to the exclusion of the High Court) any of the powers and authorities conferred on the High Court by the Trustee Act 1956.

  “(2) Nothing in subsection (1) limits—

  • “(a) the powers of the Court under section 338(8); or

  • “(b) the generality of section 338(15).”