Te haere atu ki te hui takawaenga
Attending mediation

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. 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.

1. Apply for dispute resolution

You can apply for dispute resolution for a matter relating to Māori land if all the people involved in the dispute 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 go through the dispute resolution process.

A judge may also refer any issue arising in court proceedings to the dispute resolution service.

2. Prepare for the mediation hui

Once you have completed an application, we will be in contact with you about preparing for the mediation. We will help you to:

• appoint a mediator
• confirm a suitable date and venue for the mediation hui

3. Attend the mediation hui

At the mediation hui, the mediator will facilitate kōrero and wānanga between the parties about the dispute and guide them to come up with their own workable solutions.

Generally, when you arrive the mediator will welcome the parties and explain the process for mediation, including any tikanga practices you have agreed on.

The mediation conversations to settle the dispute are confidential to you and your whānau and the other parties involved. No record of these conversations will be publicly available on the Māori Land Court record.

If an agreement is reached through mediation, the mediator will record the terms of the agreement and provide this to the Māori Land Court. A judge may make a court order to formalise what has been agreed by the parties, which will become a part of the court record.

You will receive a written copy of the outcome from your dispute resolution hui. Keep this in a safe place as you will need this to help you decide on what further steps you may need to take. This could include:

• continuing with a current application in the Māori Land Court
• submitting a further application to the Māori Land Court
• seeking advice or continuing with further mediation with the same or a different mediator.

If the parties cannot come to an agreement, the mediator will notify the Māori Land Court. There will be options available when considering the next steps to resolve the dispute, including going to court or going back to mediation with the same or a different mediator.