The
underlying legal theory is referred to today as
‘Crown pre-emption’, and was reflected in Article
2 of the Treaty of Waitangi, local ordinances, and
government land purchasing practice.
Those
people are called successors 2 and the
process is called succession.
Successors are then entitled to make
decisions about the use of that land for
their benefit and for the benefit of future
generations.
For
1 The legal ownership of property and the legal
evidence of a person’s ownership rights.
2 The division of Māori land into two or more
separate titles (partition).
Wehenga ā-rōpū
Ka whai hua he kaipupuri, he rōpū kaipupuri
whenua rānei mēnā ka honoa ā rātou
rawa, mēnā e rua ngā poraka whenua ka
whakakotahitia hei poraka kotahi, arā mēnā
nō rātou a poraka a, ā, ka whai pānga anō
rātou ki roto i te poraka B. Ka āhei rātou
ki te tono mō tētahi wehenga ā-rōpū ki te
Kooti Whenua Māori, mēnā ka whakaae
ētahi atu o ngā kaipupuri o ngā poraka e
rua, kāti kua hangaia ko poraka Z. i roto i
ngā take wehenga katoa, me āta whai i ngā
huarahi tuku ton...
For
information about granting confirmation
of an instrument of alienation 1 or about
transfers of whole blocks of Māori land,
please contact a Māori Land Court office
(see page 6 for your nearest office).
2
Use of vesting orders
Except when Māori land 2 is vested 3 in a
Māori incorporation 4, Māori land shares can
only be transferred by a vesting order 5 made
by the Māori Land Court.
Alienation involves an alienee (the person who purchases or receives the
interest in the land) and an alienor (the person who sells or parts with the interest
in the land).
2. Land whose beneficial ownership the Māori Land Court has determined by
freehold order (that is, the Court has created a title for the land and determined
the beneficial owners to that land).
See Part 12 of Te Ture Whenua Māori Act 1993.
2. The traditional Māori tribal hierarchy and social order made up of hapū (kin
groups) and whānau (family groups), having a founding ancestor and territorial
(tribal) boundaries.
3.
The beneficiaries are called the beneficial owners.
2. Before 6 February 2021, Māori reservations were established by notice in the
New Zealand Gazette.