New Zealand Acts

TE TURE WHENUA MAORI ACT 1993 - SECT 25

25 Power of court to make order to restore effect of lost instruments of alienation

1 On proof to the satisfaction of the court that any instrument of alienation of Maori freehold land, whether executed before or after the commencement of this Act, has been lost or destroyed, it may make an order under this section if it is satisfied—

a) that the instrument was duly executed by or on behalf of the alienor; and

b) in the case of an instrument requiring confirmation, that it was duly confirmed, or if not so confirmed, that the court or other competent authority had made a pronouncement in favour of confirmation.

c)

2 By an order under this section, the court may declare the nature and effect of the instrument to which the order relates, and the instrument shall be deemed to have been of the nature and to have had effect according to its tenor, as declared in the order.

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).

Note: 1953 No 94 s 446

History: Section 25(1)(b): amended, on 1 July 2002, by section 9(a) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).   Section 25(1)(c): repealed, on 1 July 2002, by section 9(b) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).     Section 25(3): substituted, on 11 April 2001, by section 5 of Te Ture Whenua Maori Amendment Act 2001 (2001 No 11).