Reflections after nearly 20 years as a Māori Land Court
01 Nov 2013 | NewsShares in Māori freehold land are rarely transferred.
Shares in Māori freehold land are rarely transferred.
In his classic book Māori Land Tenure (1977) Sir Hugh Kawharu wrote that the system of Māori land tenure created by the Native Lands Act of 1865 was an ‘engine of destruction for any tribe’s tenure of land, anywhere’ (p 15).
Documents/Guides-Templates-Factsheets/MLC-150-years-of-the-Maori-Land-Court.pdf (11 mb)
(c) To buy any land or interest in land, shares or assets whatsoever whether by way of lease, purchase, exchange or otherwise and to acquire, sell, hire or otherwise deal in vehicles, shares, plant, chattels or equipment.
Documents/Guides-Templates-Factsheets/2021-12-07-Ahu-Whenua-Trust-Order-Template.pdf (398 kb)
Ihaia Raharuhi is a descendent of Hoani Te Uakihi, one of the successors to Tāmati Pirimona Marino. He shared that “the significance to this land and the story of Tāmati Pirimona Marino is kept alive with my whānau through the stories, and photos, and images that we share amongst each other and hang in our whare.”
Documents/Judges-corner-articles/Aorere-Accretion-determination-of-status-and-ownership-of-land.pdf (890 kb)
(c) To buy any land or interest in land, shares or assets whatsoever whether by way of lease purchase exchange or otherwise AND to acquire, sell, hire or otherwise deal in vehicles, shares, plant, chattels or equipment.
Documents/Guides-Templates-Factsheets/Standard-Ahu-Whenua-Trust-Order-with-Checklist-and-Disclaimer.pdf (488 kb)
In accordance with tikanga Māori there is no distinction to be drawn between whenua (land) that is dry and land that is covered by the sea.
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
Therefore in this article I provide my evaluation of the report as a Judge of the Māori Land Court.
Documents/Judges-corner-articles/MLC-2014-Jun-Judges-Corner-Ambler-J.pdf (191 kb)
Important Note: If an undivided interest in land i.e. shares in a block is being transferred, section 148 of the Act requires the transferee to be a member of the preferred classes of alienees which comprise – • A child or remoter issue of the transferor. • Whanaunga who are associated in accordance with tikanga Māori with the land. • An owner in the land who is a member of the hapü associated with the land. • A trustee of a person belonging to 1 to 3 above....
This information in my view should be brought together and made available to the Māori Land Court, and then to an owner who wishes to develop his land and needs to notify owners.
Land interests remained in the name of my grandfather and my great-grandmother.