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. What has changed? Succession is the legal transfer of interests or shares in Māori land from a person who has passed away to the people who are legally entitled to own those interests.
Land interests are held together rather than divided, which can help to preserve a whānau's ancestral connection with their whenua by preventing individuals from dealing with their interests separately.
Two sections of the Trustee Act 1956 that were used from time to time by Māori land trusts have been carried over to the new Trusts Act: • Trustees may apply to the Māori Land Court for directions about the trust property or the use of their powers or functions.1 • The Māori Land Court may relieve a trustee from personal liability if they have acted honestly and reasonably and ought to be excused for a breach.2 Do trusts need a new trust order?...
Documents/Guides-Templates-Factsheets/Factsheet-for-landowners-Trustee-Act.pdf (68 kb)
If there is no quorum, the meeting may not proceed. Māori Land Court 3.21 The trustees must advise the Māori Land Court of the names of the trustees elected at any general meeting. 3.22 The election of trustees is subject to confirmation by the Māori Land Court. 4.
Documents/Guides-Templates-Factsheets/05-08-2025-Marae-Charter-Template.pdf (632 kb)
Of the approximately 2.3 million ownership interests in Māori land, anecdotal evidence indicates that about half of these interests are held by deceased persons; many land interests are owned by the same person under multiple names; and many owners live far from their land and, in some cases, do not know they are owners of Māori land at all.
Former Judge Andrew Spencer discusses residential utilisation of multiply owned Māori land.
For example, a private mediation appointed by consent under the Act, cannot create an outcome whereby the parties have agreed to a change of status from Māori Land to General Land in their mediated agreement and expect that to be rubber stamped by the Court.
For example, a private mediation appointed by consent under the Act, cannot create an outcome whereby the parties have agreed to a change of status from Māori Land to General Land in their mediated agreement and expect that to be rubber stamped by the Court.
This practice note is subject to Part 16 of the Māori Land Court Rules 2011 (Rules). 3. This practice note applies to the use of the Special Aid Fund by the Māori Land Court and the Māori Appellate Court (Court).
Documents/Practice-notes/2023.10.17-MLC-Special-Aid-Practice-Note-FINAL.pdf (367 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. • A de...
