A kuia who is the sole owner of a Māori freehold block wants to sell it to her grandson. Does she need to run the s 147A first-refusal notice process first?
Correct Answer
A) No, because her grandson already belongs to a preferred class of alienees.
Section 147A(1) requires sellers to give preferred classes the right of first refusal, but s 147A(2) says the notice process applies unless the proposed sale is to a member of a preferred class. Children and remoter issue of the alienating owner are the first preferred class listed in s 4, so a grandson qualifies.
Why This Is the Correct Answer
Grandchildren are 'remoter issue' of the owner, a preferred class, so s 147A(2) removes the notice step.
Why the Other Options Are Wrong
Option B: Yes, because the notice process applies to every sale of Māori freehold land without exception.
Section 147A(2) says the notice process is not needed when the sale is to a member of a preferred class.
Option C: Yes, unless the Court first converts the block into General land.
No status change is needed; a sale to a grandchild is already a sale to a preferred class.
Option D: No, because a sole owner can sell Māori freehold land to anyone without Court involvement.
A sole owner still sells subject to the Act; the transfer is effected through the Court, not freely.
Background Knowledge for Treaty Maori
Source: https://www.legislation.govt.nz/act/public/1993/0004/latest/whole.html
Exam Tip for Treaty Maori
First refusal protects preferred classes; a sale to one of them does not need the notice process.
Common Mistakes to Avoid on Treaty Maori Questions
- •Assuming every sale of Māori freehold land needs public notice, even within the whānau.
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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