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  Community » Your Community » Iwi » Legal Framework For Obligations To Māori And Under Te Tiriti O Waitangi/Treaty Of Waitangi » Local Government Act 1974

Local Government Act 1974

SECTION

OBLIGATION TO MĀORI

324A

Power to carry out works on Māori roadway

(1)        The council may from time to time—

(a)        maintain, repair, or improve any roadway laid out in the district in accordance with Part 14 of Te Ture Whenua Māori Act 1993; or

(b)       contribute towards the cost of maintaining, repairing, widening, or improving any roadway of the kind described in paragraph (a).

(2)        The council shall, before exercising in respect of any roadway, any of the powers conferred on it by subsection (1), obtain the written consent of—

(a)        the owners of the land comprising that roadway; and

(b)       the owners of the land adjoining that roadway if those owners are not the owners of the land comprising the roadway.

(3)        In any case where the owners of land comprising or adjoining a roadway laid out pursuant to Part 14 of Te Ture Whenua Māori Act 1993 are or are believed to be Māori and their whereabouts are unknown, consent under subsection (2) may be obtained by applying to the Māori Land Court for the district in which the land is situated for an order under the provisions of Part 10 of Te Ture Whenua Māori Act 1993.

(4)        The Māori Land Court shall deal with any application made pursuant to subsection (3) as if a notice under an enactment had been issued to the owners.

 

 

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