A Māori incorporation's committee wants to sell a block of Māori freehold land vested in the incorporation. What authorisation does s 150B of Te Ture Whenua Māori Act 1993 require?
Correct Answer
D) A special resolution passed by shareholders holding 75% or more of all shares.
Under s 150B(1)(a), a Māori incorporation must not sell or gift Māori freehold land vested in it unless the sale is authorised by a special resolution passed by shareholders holding 75% or more of the total shares. The sale must then be confirmed by the Court under s 150B(3)(a).
Why This Is the Correct Answer
Section 150B(1)(a) requires a special resolution of holders of at least 75% of total shares.
Why the Other Options Are Wrong
Option A: A resolution of the committee of management, which runs the incorporation.
Section 150B(1)(a) puts the decision with shareholders, not the committee, for a sale or gift.
Option B: A resolution of shareholders holding 50% or more of all shares in the incorporation.
50% of shares is the threshold for a long-term lease under s 150B(1)(b), not for a sale.
Option C: A majority of the shareholders present and voting at any general meeting of the incorporation.
The threshold is measured against the total shares in the incorporation, not only those present.
Background Knowledge for Treaty Maori
Source: https://www.legislation.govt.nz/act/public/1993/0004/latest/whole.html
Exam Tip for Treaty Maori
For incorporations, count shares held, measured against all shares on issue, not votes cast.
Common Mistakes to Avoid on Treaty Maori Questions
- •Thinking the committee of management can sell land because it manages the incorporation.
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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