Section 31B — Protection of Personal and Property Rights Act 1988: Maori land or shares in Maori incorporation

31B Maori land or shares in Maori incorporation (1) Where it appears to a Family Court that an application for the exercise of the Court's jurisdiction under this Part of this Act may result in an order appointing one or more persons to act as the manager of— (a) Beneficial interests in Maori freehold land (as defined in section 4 of Te Ture Whenua Maori Act 1993 ); or (b) Shares in a Maori incorporation (as defined in section 246 of Te Ture Whenua Maori Act 1993 ),— the Court shall refer that application to the Maori Land Court. (2) Where an application is referred to the Maori Land Court under subsection (1) of this section, the Maori Land Court shall treat that application, to the extent that it relates to beneficial interests in Maori freehold land or shares in a Maori incorporation or both, as if it were an application under section 217 of Te Ture Whenua Maori Act 1993 for the constitution of a kai tiaki trust in respect of those interests or shares or both. (3) Where the Maori Land Court constitutes a kai tiaki trust in respect of any beneficial interests in Maori freehold land or shares in a Maori incorporation,— (a) No order shall be made under section 31 of this Act in respect of those interests or shares; and (b) No trustee corporation shall, under section 32(3) or section 33(4) of this Act, accept any application filed under section 33 or section 34 of this Act in respect of those interests or shares. (4) Where the Maori Land Court, after considering an application referred to that Court under subsection (1) of this section, declines to constitute a kai tiaki trust in respect of any beneficial interests in Maori freehold land or any shares in a Maori incorporation to which that application relates, a Family Court may— (a) Make a property order under section 31 of this Act in respect of those interests or shares or any of them; or (b) Otherwise exercise its jurisdiction under this Part of this Act in respect of those interests or shares or any of them. Sections 31A and 31B were inserted, as from 1 July 1993, by section 362(1) Te Ture Whenua Maori Act 1993 (1993 No 4).