A licensee is listing land once owned by a state-owned enterprise, and the record of title carries a memorial under the State-Owned Enterprises Act 1986. What should buyers be told the memorial means?
Correct Answer
C) The Waitangi Tribunal may, in some cases, order the Crown to resume the land for a settlement.
The Red Book explains that the Treaty of Waitangi (State Enterprises) Act 1988 requires memorials on titles to Crown land transferred to state-owned enterprises. Under certain circumstances the Waitangi Tribunal can order the Crown to take back (resume) such land for a settlement, even if it has passed to a third party.
Why This Is the Correct Answer
Memorialised land can, in certain circumstances, be resumed on Tribunal order even from a later owner.
Why the Other Options Are Wrong
Option A: The land is Māori freehold land, and any sale needs the Māori Land Court to confirm it.
A memorial does not change land status; it records that resumption for a settlement is possible.
Option B: The Crown will buy the land back at a fixed price if the iwi claim is later settled.
The Red Book describes a Tribunal power to order resumption, not a promise of a fixed buy-back.
Option D: The memorial only records past history and has no legal effect on a later owner.
The memorial can bind later owners; the Red Book says resumption can occur even after transfer to a third party.
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
A memorial on a former SOE title is a material fact to disclose to buyers.
Common Mistakes to Avoid on Treaty Maori Questions
- •Dismissing the memorial as a historical note with no effect on a purchaser.
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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