A Māori couple buy an ordinary freehold house in Hamilton on a standard record of title. Under s 129 of Te Ture Whenua Māori Act 1993, what status does the land have while they own it?
Correct Answer
A) General land owned by Māori, because Māori own the freehold beneficially.
Section 129(2)(c) gives the status of General land owned by Māori to fee simple land (other than Māori freehold land) beneficially owned by a Māori or by a group mostly made up of Māori. Māori freehold land is land whose beneficial ownership has been determined by the Māori Land Court by freehold order, so buying ordinary land does not create it.
Why This Is the Correct Answer
Ordinary fee simple land owned by Māori is General land owned by Māori under s 129(2)(c).
Why the Other Options Are Wrong
Option B: Māori freehold land, because the new owners are Māori and hold the fee simple.
Māori freehold land status depends on a Māori Land Court freehold order, not on the owners' ethnicity.
Option C: Māori customary land, because Māori hold it under tikanga.
Customary land is land held under tikanga that has never had a freehold title; this is fee simple land.
Option D: Crown land reserved for Māori, since it was once Crown land before being granted out.
Land alienated from the Crown for a fee simple estate is no longer Crown land of any kind.
Background Knowledge for Treaty Maori
Source: https://www.legislation.govt.nz/act/public/1993/0004/latest/whole.html
Exam Tip for Treaty Maori
Status comes from how the title was created, not only from who owns it.
Common Mistakes to Avoid on Treaty Maori Questions
- •Assuming any land bought by Māori becomes Māori freehold land.
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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