The owners of a block of Māori freehold land can sell, gift, lease or mortgage either the whole or part of that block. It was recognised that the previous legislative framework had had a detrimental effect on Māori society and the new legislation attempted to improve the situation by giving the a stronger focus on protecting Māori land from alienation. If you also need resource consent you may want to apply for your building consent at the same time so the applications can be processed together. If owners of Māori land want to sell their interest in the land, they must first notify and offer it to the people who belong to the “preferred classes of alienees” – that is, members of the whānau and hapū associated with the land. The plans were strongly … The capacity and powers of Māori incorporations are set out in the order of incorporation, constitution and the Te … Before you consider transferring your land to someone outside the preferred class, you must show that: You must show that you have made an offer, or tried to make an offer, to other land owners or any member of the preferred class. You’ll need to complete an application for a succession order and lodge it with the Māori Land Court. the sale or alienation is made by an “instrument of transfer” (a legal document that, among other things, must be witnessed by, for example, a lawyer, a Justice of the Peace or a notary public). You can sell the whole block of land. Under section 11 of the Act, newly found taonga tūturu are in the first instance Crown owned until a determination on ownership is made by the Māori Land Court. If your investigation of a land title finds any suggestion it relates to Māori freehold land, the Te Ture Whenua Māori Act 1993 may apply. The Māori Land Court, which was established by the Te Ture Whenua Māori Act 1993 (The Māori Land Act), has the authority to hear cases relating to the ownership, administration, and transfer of ownership of Māori land. Our legislation. Treaty principles . The sale of Māori land is subject to a number of significant restrictions that don’t apply to General land (that is, ordinary privately owned land): If owners of Māori land want to sell their interest in the land, they must first notify and offer it to the people who belong to the “preferred classes of … in the Te Ture Whenua Mori Act 1993 (Act) apply unless ā stated otherwise. You can transfer your Māori land interests as a gift or by way of sale by applying to us for either a: So long as the person or people receiving Māori land belong to the preferred class of alienee (PCA), you may apply to us for a Vesting Order under section 164 of Te Ture Whenua Māori Act 1993 (our Act) to transfer Māori land shares: Find out more about the preferred class of alienee (PCA). Read a te reo Māori summary about the Clean Slate scheme [PDF, 139 KB] Note: It’s important that you discuss any sale with your children. This may be by notice in local newspapers in the area in which the land is located or by direct offer by mail or email. Specific … an “assembled owners” meeting has passed a resolution in favour of the sale or other alienation. This centralised, Pākehā-controlled court was based largely on the settlers' legal system and converted customary title to land to individual title, effectively making it easier for Māori land to be sold to settlers. Anyone who could show the Maori Land Court that a piece of good land was not being used could apply to have it vested in trustees. Communtity Law Manual Selling or gifting your Māori land to anyone outside of the preferred class of alienee (PCA) must be confirmed by the Court. Your Māori land ; Apply to the court; About the Māori Land Court; Legislation, decisions & practice notes. Public Works Lands Act 1864. Both the Māori Land Court and the Māori Appellate Court are Courts of … Restrictions on selling or otherwise alienating Māori land. You’ll need to include the following with your application: a death certificate (either an original or a certified copy) a certified copy of either … You’ll need to show the council that you have the right to build on the land, by providing them with evidence that you have either a licence to occupy, an occupation order or a hapū partition (see “Occupation orders” above and … Why is Māori freehold land being singled out for these changes? This was intensified under the 1967 Act. Following a reasonable notice and offer period you may then seek confirmation from us of a sale or gift. The Native Land Court was created in 1865. Te Ture Whenua Māori Act 1993, s 6The Māori Land Court (Te Kōti Whenua Māori) has the following key features and functions: 1. It is estimated that more than a … Children and whānau can appear in court and be heard on any application to sell ownership interests in land. In order to preserve the kin groups, the Act restricts the type of people to whom land can be sold or gifted. Block name is the primary identifier for Māori. Legislation & practice notes; Māori Land Court decisions; Māori Appellate Court decisions; News | He Kārere ; Contact us; Search in the keyword box for Māori Land Court citations, block names, estate names, party surnames, districts, or judge surnames. Terms and definitions used in this guideline that are not defined in the Act are defined below. Land Sales Act 1984 Part 1 Preliminary Current as at 3 July 2017 Page 3 Authorised by the Parliamentary Counsel Land Sales Act 1984 An Act to regulate certain sales of land Part 1 Preliminary 1 Short title This Act may be cited as the Land Sales Act 1984. The Act also allowed for up to 5% of Crown-granted Māori land to be taken for public works without compensation. A rates notice or entry from the valuation roll of the local council is sufficient evidence to establish a value, although if the value of the transfer is significant you may be directed by the Court to supply a special valuation to the land. The court usually requires that an owner wanting to gift or sell an interest first consult with their children and whānau; this is in recognition of the principles of Te Ture Whenua Māori Act that Māori land is taonga tuku iho (an heirloom) and should be retained in the hands of its owners and their … You can read a summary about the Clean Slate scheme in Māori, Samoan and simplified Chinese. The legislation is currently under review, with a Native Lands Act 1865: This Act replaced the 1862 Act and reflected a stronger push toward individualising Māori land title and fragmented ownership. The Maori Affairs Act 1953 forced unproductive Māori land into use. Where the land in question is Māori freehold land in multiple ownership, the Crown must apply to the Māori Land Court for an order re-vesting the land as Māori freehold land. (5) Without limiting subsection (4), this Act applies subject … Section 4 District Land Registrar: repealed, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30). Whilst this would have allowed some degree of self-governance by Māori, Section 71 was never … … Under the Native Lands Act of that year, settlers could directly buy Māori land – for the first time since the mid-1840s. Māori land transactions - common compliance issues. The Māori Affairs Amendment Act 1967, as it became, generally allowed greater interference in Māori landholding, and was widely seen amongst Māori as a pākehā "land grab". These characteristics, along with other factors, can make it difficult to use and develop and difficult to collect rates from. The Block name is the single most used identifier in researching … Social upheaval, and epidemics of introduced disease took a devastating toll on the Māori population, which fell dramatically. Land Information New Zealand (LINZ) has released more comprehensive guidelines for setting rating valuations on Māori Freehold Land (MFL). 3.5 … Māori. Valuer-General Neill Sullivan says, “The guidelines were originally developed in response to a Court of Appeal decision known as the Mangatu case in 2000. The sale of Māori land is subject to a number of significant restrictions that don’t apply to General land (that is, ordinary privately owned land): Those restrictions also apply to other forms of “alienation” of an interest in land, including gifting, leasing and mortgaging the land. Māori are the indigenous people of New Zealand Aoteroa.Te Reo (the Māori language) is an official language of the country, along with English and New Zealand Sign Language.In the 2013 New Zealand census, nearly 700,000 people living in New Zealand were of Māori descent (more than one in seven of us).While the best way to learn about Māori culture is to experience it first hand, Te Ara - The Encyclopedia of New Zealand - has some excellent reading. Act ; Te Ture Whenua Māori … The court replaced a system that had been set up in 1862. If the price is significantly different from the valuation, but you have special reasons why this is the case (such as a lower price because you are selling to family), you may file an application to seek an exemption from having to lodge a valuation. The Crown often favoured Māori land over general land for these purposes since it could pay the owners less … The Māori Land Court can constitute a Māori incorporation over one or more blocks of Māori freehold land provided that at least one of the blocks has more than two owners. The Block name will be the original block name (such as the Puketapu block) given by the Crown or the Māori Land Court when land was originally granted. “When a tract of Māori land passed from Māori owners to the Crown, the area in which the Queen’s sovereignty was effective was thus far extended. You must apply to the court where that conviction was heard. Māori had a large role in deciding land ownership. 3.4 Ministry officials told us that the applicable Treaty principles, as they understood them, were that the Crown had to: act in good faith; be well informed; and ; avoid creating impediments to redressing grievances. Legislation & practice notes; Māori Land Court decisions; Māori Appellate Court decisions; News | He Kārere; Contact us; We operate under many pieces of legislation and legislative instruments (rules and regulations). The occupation ended when the sale plans were cancelled and the land was transferred to a holding company. How do I apply to be a successor? For example, … The updated guidelines bring in two key changes. This change made sales of Māori land easier and saw the beginning of fragmented ownership interests in Māori land. Right to build on the land. This includes: In general, the person buying the shares must be a member of the whānau or hapū associated with the land (that is, someone from the preferred classes of alienees: for more details about the “preferred classes of alienees”, see “Key terms and definitions” in this chapter). you have a conditional agreement to sell the land from someone outside of the preferred class. (For information about the application process, see “The Māori Land Court / Applying to the Māori Land Court for an order” in this chapter.) written agreement made in 1840 between the British Crown (the monarch) and more than 500 Māori chiefs Your Māori land ; Apply to the court; About the Māori Land Court; Legislation, decisions & practice notes. From the time of the first Public Works act in 1864, Māori land could be taken for government projects such as roads, and later, railways and airports. law for Māori land. In 1953 a reigning monarch, Queen Elizabeth II, visited … You can transfer your Māori land interests as a gift or by way of sale by applying to us for either a: Vesting Order – where you are transferring or selling the interests to someone within the preferred class of alienee (PCA) or; … By the start of the 20th century, the Māori population had begun to recover, and efforts have been made to increase their standing in wider New Zealand society and achieve social … Under the Māori Affairs Act of 1957, land owners who had shares less than $50 were forced to sell their shares which became a problematic type of land alienation. 102: Jurisdiction of High Court continued : 103: Jurisdiction of High Court where administration granted by Maori Land Court: 104: Liability of Maori land for payment of debts of estate: 105: Duty payable on succession to Maori land [Repealed] 106: Special provisions relating to testamentary promises and … The sale of land cannot be seen simply in commercial terms – it was a political act. Section 4 financial statements: replaced, on 12 May 2017, by section 19(1) of the Māori Purposes Act 2017 (2017 No 18). Māori freehold land has unique characteristics, such as protection from sale and multiple ownership (on average there are more than 100 owners per block of Māori land). if the transfer is by way of sale, also include the following: evidence as to the value of the shares being sold, evidence or agreement to support a lower value sale (if below valuation), to fill in an application for exemption from having to file a special valuation, to attach it to a completed application for a Vesting Order, you have given sufficient notice to anyone who is a member of the PCA to purchase the land at the price you have set, any offers you do receive have been declined (not reaching the required price) or you have received no expressions of interest to negotiate a price. Instead of a vesting order, the court can also give approval by issuing a confirmation order or certificate if: Te Ture Whenua Māori Act 1993, ss 147, 150B, 150C. Rising tensions over disputed land sales led to conflict in the 1860s, and massive land confiscations. You can search by date by choosing a year, or … The Act recognises that blocks of Māori land are generally owned by people connected to each other and to the land through kin groups, such as iwi7 and hapū8. In 1954, the Native Land Court name was changed to the Māori Land Court. If you want to seek an exemption, we will ask you: Find out more about Transferring Māori Land Shares – Te Whakawhitihea Whenua Māori. Yes. In general, where Māori land is to be alienated, an application for confirmation must first be made to the Māori Land Court. Refer to s 4 of the Act for interpretation. The Native Land Court’s hearings were frequently held some distance from tribal homelands, requiring landowners to travel and accommodate themselves in another territory. The Māori Land Court will consider the effect the vesting order would have on the owners’ children and grandchildren. When seeking a court confirmed transfer, we will ask you: This page was last updated: 1st March 2021, to file your completed application with the court and pay the, Form 26 - Exemption from special valuation, from one person to another person (or group of people) as a gift or by sale, from many people to one person (or a group of people) as a gift or by sale, to the trustee(s) of any person entitled to the shares, from a trustee holding shares to a person entitled to those shares. Māori land or general land owned by Māori 21 can be used to establish an ahu whenua trust. the joint tenants of a block, if they’re acting together, the owners in common of the land, if the transaction has the required level of consent, which in the case of a sale or gift is 75 percent of the owners or ownership interests, the trustees of a Māori land trust, if the transaction has the required level of consent, which in the case of a sale or gift is 75 percent of the owners or ownership interests. | Alienation: Selling, gifting and other land transactions, Te Ture Whenua Māori Act 1993, ss 146, 147A, 150. Block is defined in Te Ture Whenua Māori Act 1993 as a whole parcel of land comprised and described in an instrument of title. We ask for a valuation so we can confirm the purchase price is a fair one, given the valuation of the land. to fill in the application for a Vesting Order – form 30, evidence as to the relationship between the parties – to establish that they are members of the preferred class of alienee (PCA), evidence that you have discussed the transfer with your children or descendants (if any). Te Ture Whenua Māori Act 1993, ss 146, 147A, 150. This Act does not apply to Māori customary land within the meaning of Te Ture Whenua Maori Act 1993. The information in this section is an online version of our highly useful resource The Community Law Manual. This act, which allowed some flexibility in land management (such as under trusts), remained the governing legislation for Māori land for 40 years. Like the general courts such as the District Court and High Court, the Māori Land Court is a Ultimately it is your responsibility to satisfy a judge that you have at least attempted to sell the land to members of the preferred class. The Māori Land Court may also approve you selling your shares to someone outside the preferred classes, but you’ll need to show the court you’ve tried to sell the shares to the preferred classes at a fair value and weren’t successful. Term/abbreviation ; Definition ; A&I ; authority and instruction form . General law to apply subject to this Part: Grant of administration and settlement of claims. (4) If a provision of this Act is inconsistent with a provision in another enactment, the provision in the other enactment prevails. The Act gives the Māori Land Court jurisdiction to determine by status order the particular status of any parcel of land. The Te Ture Whenua Māori Act 1993 (the Act) puts a number of responsibilities on practitioners acting in land transactions that change the ownership status of Māori land. | Māori land Māori Land Data Service; Apply to the court; About the Māori Land Court; Legislation, decisions & practice notes; News | He Kārere ; Contact us; Transfer or sell your land. These people can be: • the owner’s children or direct descendants • any whanaunga of the owner who, in accordance with tikanga Māori9, … Eleven Māori became judges of the local… The Te Ture Whenua Māori Act 1993 provides the rules around land dealings that change the ownership status of Māori land. During the 1950s and 1960s there was a major review of Māori land legislation. The seller must then get the Māori Land Court’s approval for the sale, usually in the form of a “vesting order” that transfers the ownership in the land. As with other sales of Māori land, you’ll need to get the Māori Land Court’s approval. More than 1,200,000 hectares (3,000,000 acres) or 4.4 … In opening negotiations buyer and seller alike were conscious of this fact.” [9] Tikanga Māori and related concepts are referred to multiple times in the legislation. 2 Objects of Act The objects of this Act are— (a) to facilitate property development in Queensland; and (b) to protect the interests of … The Constitution Act made an allowance, in Section 71, for some districts to be set aside where Māori laws, customs and ways of life were maintained "for the Government of themselves, in all their Relations and Dealings with each other", provided these were "not repugnant to general principles of humanity." In the interim, the Ministry is legally responsible for the recording, custody of the taonga tuturu, facilitating claims for ownership and any conservation treatment required. a Māori incorporation, if the transaction has the required level of consent, which in the case of a sale or gift is 75 percent of the shareholders. between owners to facilitate the partition of the land. Any ‘interested Māori person’ could apply for a Native Land Court hearing, and speculators often convinced individual Māori to sell land before its other tribal owners knew of the sale. Any reference to a Part or a section in this guideline is a reference to that Part or section of the Act. The New Zealand land confiscations took place during the 1860s to punish the Kingitanga movement for attempting to set up an alternative, Māori, form of government that forbade the selling of land to European settlers.The confiscation law targeted Kingitanga Māori against whom the government had waged war to restore the rule of British law. Incorporations constituted under Te Ture Whenua Māori Act 1993 have power to do everything a body corporate can do. Get this information in other languages. to fill in an application for confirmation of alienation, evidence that demonstrates you have sought offers from members of the PCA which have been unsuccessful, evidence of a conditional offer to purchase your interests (either by a separate contract or you can use our agreement to sell or gift interests – form 31), a registered valuation for the Māori land which is being transferred. Note: The process of getting approval from the court can be very complex, so it’s best to contact your nearest Māori Land Court office for information about this. You should ask a lawyer if this applies to you. If you are looking for the latest legal information relating current Coronavirus laws in New Zealand, check out our new section: Coronavirus and the Law. In addition, to help you understand the technical and legal detail about how … Alienation: Selling, gifting and other land transactions, Dealing with Oranga Tamariki / Ministry for Children, Types of Māori land: The different status categories, Information available from the Māori Land Court, Applying to the Māori Land Court for an order, Te kōrero Māori i Te kōti Whenua Māori/ Speaking te reo in the Māori Land Court, Challenging decisions of the Māori Land Court, Succession: Transfer of ownership when an owner dies, The successors: People entitled to ownership when an owner dies, Applying to the court for a succession order, Restrictions on selling or otherwise alienating Māori land, Vesting orders: How Māori land is sold or otherwise alienated, Transferring shares in a Māori incorporation, Methods of managing Māori land: Trusts, incorporations and reservations, Other forms of decision-making and representation for multiple owners, Building on Māori land: Local council requirements, Partitions (subdivisions) and other title improvements, Combining separate landholdings: Amalgamation and aggregation orders, Takutai moana: Customary rights in the marine and coastal area (foreshore and seabed), Access by the New Zealand public to te takutai moana, Pathways for recognition of customary rights in te takutai moana, Legal personality for maunga, awa and other natural features of the land, “Methods of managing Māori land: Trusts, incorporations, and reservations / Other forms of decision-making and representation for multiple owners”, “Overview and key terms / Key terms and definitions”. They also had to pay court costs, survey …
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