Disputes can delay whānau connecting to and using whenua. Whānau who agree to enter mediation to resolve disputes can do so out of court, pay no filing fee and can practice the tikanga of your whānau and hapū in that mediation.
Ko te whakapapa te ara ki o mātua tupuna It is your connections to each other that keep you connected to your ancestors
Dispute resolution service
Our dispute resolution service is a free, voluntary, tikanga-based process where parties can resolve disputes related to Māori land confidentially, outside of a court setting. Our ngā mātāpono values guide our process, and we hope that all parties embody them as they enter and exit mediation hui together with the goal of finding solutions.
Parties can kōrero privately and come up with workable solutions everyone agrees to. It can help to mend fractured relationships and address some of the maemae associated with whānau relationships. A mediator will be there to support everyone, including you and your whānau, and to provide an impartial view when addressing issues. The hope is that you can come to a decision about how to move forward without legal involvement. This service is voluntary, so everyone involved in the dispute must all agree to take part.
In this context, tikanga-based means that the process is guided by your values, beliefs and practices as a whānau or hapū. Tikanga can influence who’s involved, where the dispute can be settled, and how mediation is conducted. This may include pōwhiri, whakatau, mihimihi, karakia, waiata, koha, kai, and other practices that you have. A pre-mediation hui will be held with all parties where you can decide on the practices that will take place at the mediation.
The dispute resolution service is free of charge. However, you will need to pay for travel to attend mediation and any independent legal advice you seek.
Currently, Māori Land Court judges act as mediators. While judges are acting as mediators, they will not be able to sit on the court proceeding related to that specific case. In future, the court will provide non-judicial mediators who have the right skills to resolve disputes over Māori land.
Apply for dispute resolution
You can apply for dispute resolution if all people involved agree to using this service.
If you have a current application in the Māori Land Court that is being delayed by a dispute, you can ask for your application to be put on hold while you attempt to settle the dispute outside of court. A judge may also refer any issue arising in court proceedings to dispute resolution.
There is no charge for the dispute resolution service. However, the cost of travel to the mediation hui and any independent legal advice you seek will be your responsibility.
Ngā raumei
Resources
Download printable versions of our dispute resolution resources.
Te haere atu ki te hui takawaenga
Attending mediation
Read about the mediation process.
Tono tuihono
Apply online
Apply to the Court online in Pātaka Whenua.