Page 21 - Litigating in the Land Claims Court: Training Manual
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LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL 55 An arbitrator can make a a a a a a determination under the LTA 56 Where there is is a a a a a a a a a dispute regarding compensation to to be paid by the the the state to to landowner(s) after the the the award of land has been made by either the the the the Court Court or or Arbitrator Section 22 of the the the the LTA gives the the the the Court Court powers to to make determination on on on the the the compensation to to be paid to to the the the owner of the the the affected land DG must send any proposals to LT and may appoint a a a a a a mediator to to facilitate discussions s s s s s 18(2) & (3)
Agreement reached
DG certifies agreement s s 18(5)
Agreement submitted to court s s 18(6)
No proposal or no agreement DG declines to certify agreement Court makes an order
Dispute referred to court s18(7)
Makes s18(6) agreement an order
of court (s 23(5))
Arbitrator appointed to to hear dispute s s 19(1)(a)
Dismisses application (s 22)
Order transfer of owner’s right in land to LT (s 22)
Order transfer of 3rd party (State) right in land to LT (s 22)
Arbitrator submits determination and report to court s 20(6)
Makes Arbitrator’s determination an order
of court (s 23)
Declares applicant LT sets compensation etc (s 22(4))
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