A buyer is nervous about purchasing a private freehold home in an area where an iwi is negotiating a Treaty settlement with the Crown. What does the Crown's settlement policy say about private land?
Correct Answer
A) Private land is not available for use in Treaty settlements.
The Crown's guide to Treaty settlements (the Red Book) states that private land is not available for use in Treaty settlements. Redress comes from Crown-owned property and money, and third-party interests over Crown land are protected in settlement arrangements.
Why This Is the Correct Answer
The Red Book states plainly that private land is not available for use in settlements.
Why the Other Options Are Wrong
Option B: Private land can be taken for a settlement if the iwi shows a strong historical connection.
The Crown's policy, set out in the Red Book, is that private land is not available for settlements.
Option C: Private land can be used only after the Waitangi Tribunal recommends that it be returned.
Tribunal resumption powers cover memorialised former Crown land, not ordinary private land.
Option D: Private land is returned before Crown land in settlements.
Settlements are built from Crown-owned assets and money; private land is not part of redress.
Background Knowledge for Treaty Maori
Source: https://whakatau.govt.nz/assets/Treaty-Settlements/The-Red-Book/MOJ0152_OTS_red-book_Aug25_FINAL_WEB.pdf
Exam Tip for Treaty Maori
Settlement redress comes from the Crown, not from private owners.
Common Mistakes to Avoid on Treaty Maori Questions
- •Telling buyers that a nearby Treaty claim could lead to their freehold being taken.
More Treaty Maori Questions
A block of Māori freehold land has hundreds of owners, many living overseas or hard to trace. What practical challenge does this usually create when some owners want to sell?
The Treaty principles are often summarised as "the three Ps". Which of these is NOT one of them?
What is a key consideration for real estate agents when dealing with Maori land transactions?
A block of Māori freehold land has 150 owners with defined shares of different sizes. Under Te Ture Whenua Māori Act 1993, whose agreement is needed before the owners can sell the block?
In a situation where Crown land is being returned to Maori ownership through a Treaty settlement, what is the most likely land status classification it will receive?
- → What is the key difference between general land owned by Māori and Māori freehold land?
- → In the context of the Treaty of Waitangi, what does the principle of partnership mean for modern property transactions?
- → A developer wants to buy a block of Māori freehold land with 47 owners in three whānau groups who disagree about selling. Under Te Ture Whenua Māori Act 1993, what decides whether the sale can go ahead?
- → Under Te Ture Whenua Maori Act 1993, what is the primary purpose of the Maori Land Court?
- → Which classification of land under Te Ture Whenua Maori Act 1993 is subject to the most restrictions on alienation?
- → The Treaty principle of "active protection" is often raised in property discussions. What does it require, and of whom?
- → Owners of a block of Māori freehold land ask a licensee to sell it. What should the licensee's first step be?
- → What is the most appropriate approach for a licensee handling a property that may affect Māori interests?
- → Which type of Māori land can be freely bought and sold on the open market without restriction?
- → Someone asks a licensee to sell land they say is Māori freehold land. What is the licensee's most appropriate first step?
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