Someone wishing to appeal a Māori Land Court Decision to the Māori Appellate Court may do so when either a final decision has been made or when a partial or interim decision has been made by the Māori Land Court.

Any application of appeal to the Māori Appellate Court must include:

• detailed evidence that supports the appeal,
• the outcomes sought concerning the appeal, and
• the contact information of the Respondent or any other person affected by the outcome of the appeal.

If a final decision has been made

If a final decision or determination has been made by the Māori Land Court, an application can be made to the Māori Appellate Court. An appeal may be brought on behalf of any party to the proceedings in which the order is made.

An appeal may also be brought by anyone who is also bound by the order or materially affected by it. Under the law, and the Māori Land Court Rules, notice of an appeal must be filed within two months after the date of the minute of the Order that is appealed from. An application to appeal a decision must be submitted within two months of the final decision from the Māori Land Court. These time limits are important…see further below.

If a preliminary decision has been made

If an interim or preliminary decision or determination has been made by the Māori Land Court, an application can be made to the Māori Appellate Court. 

You may also apply if there are outstanding matters you wish the court to address. 

Under the Māori Land Court rules an application may be brought within one month of the date on which the interim or preliminary decision was given. If leave for appeal is granted, the Māori Land Court may continue or suspend any further proceedings. However, no final order shall be made until the appeal has been dismissed or disposed of.

Notice of the appeal must be filed within two months after the date on which the Court grants leave to appeal.

If the period for appeal has passed

If the period for appeal has passed an Appellant can file an application for leave to appeal out of time. Someone wishing to appeal must set out the reasons for the delay and establish strong grounds supporting an extension.

It must be considered, however, that the appeal has strong merits, and it is in the interest of justice to allow the appeal.

This is a narrow scope, and the Court is reluctant to grant leave to appeal when the justification for a late appeal does not outweigh these interests.

When leave for an appeal may be declined

The scope for granting leave to appeal is limited and ultimately the Māori Appellate Court can exercise its discretion in this regard.

Leave for an appeal may be declined where the Court deems that the interests of justice will be best served by allowing for completed proceedings, before any appeal is made to the Māori Appellate Court. 

When no leave to appeal was sought after an interim or provisional decision made by the Māori Land Court, the Māori Appellate Court may decline leave on the basis that they deem the parties had reasonable opportunity to appeal. It must be considered that the issue on appeal to the Māori Appellate Court is substantially the same issue that the provisional or preliminary determination is related to. 

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.