There are not many options for people wishing to build on papakāinga reservations but who need to borrow in order to do so. However, it is possible to make application to the Court to have an area excluded from a reservation pursuant to section 338(5), and then to set up an ahu whenua trust in relation to the excluded area with the object of allowing housing development to take place.
In August 2020, the Government passed targeted changes to Te Ture Whenua Māori Act 1993 to simplify the legal processes for owning, occupying and using Māori land.
Persons who are not allowed to be trustee: 3.8 The following are persons not entitled to act as trustees: 3.8.1 3.8.2 3.8.3 3.8.4 3.8.5 3.8.6 Persons under 18 years of age; Undischarged bankrupts; Persons subject to a Compulsory Treatment Order under part 2 of the Mental Health Act 1992; Persons convicted of an offence punishable by imprisonment for a term of 6 months and whose sentence has not yet been served; Persons disqualified as a director of a company registered under th...
Documents/Guides-Templates-Factsheets/05-08-2025-Marae-Charter-Template.pdf (632 kb)
(4) This form should be lodged with an application for confirmation of alienation on Form 25 or an application for vesting order on Form 30. MĀORI LAND COURT CONTACT DETAILS This application may be lodged with the Registrar at any office of the Māori Land Court.
Documents/Forms/MLC-Form-31-Agreement-to-sell-or-gift.pdf (91 kb)
Whenua Māori Service The Whenua Māori Service can assist Māori landowners with access to information about their whenua, to explore their aspirations, to plan for whenua development, and can broker and facilitate relationships with other organisations and agencies that will assist them with their plans.
Tono tuihono Apply online Apply to the Court online in Pātaka Whenua.
Whenua Māori Service The Whenua Māori Service can assist Māori landowners with access to information about their whenua, to explore their aspirations, to plan for whenua development, and can broker and facilitate relationships with other organisations and agencies that will assist them with their plans.
When one adds to the mix the underlying principles of Te Ture Whenua Māori Act 1993 – namely of land retention and land utilisation, in effect two competing principles – then the challenges facing Māori land owners and the Māori Land Court can be quite difficult.
Provision was made for that in the Te Ture Whenua Māori Act 1993, which allowed for whenua tōpu trusts.
It outlines the legislative history, relevance to Te Ture Whenua Māori Act 1993, new urupā, beneficiary class and underlying ownership and advantages.
