A marae committee member asks a licensee to appraise and list part of the marae grounds, which the Māori Land Court has set apart as a Māori reservation. What should the licensee tell them?
Correct Answer
D) Land in a Māori reservation cannot be sold while the reservation stays in place.
Section 338(11)(a) provides that while land is set apart as a Māori reservation, the land or any interest in it cannot be alienated. Only the Court can exclude land from a reservation or cancel it under s 338(5), so a licensee cannot market it for sale.
Why This Is the Correct Answer
Section 338(11) bars alienation of reservation land while it is reserved.
Why the Other Options Are Wrong
Option A: It can be listed once owners holding 75% of the beneficial interest sign the agency agreement.
Section 338(11) bars alienation of reservation land regardless of owner consent thresholds.
Option B: It can be sold if the first-refusal notice is run and no preferred-class member tenders.
First refusal applies to Māori freehold land sales; reservation land cannot be alienated at all.
Option C: It can be sold only to a buyer in a preferred class, such as a hapū member.
Section 338(11) prevents any alienation of reservation land, including to preferred classes.
Background Knowledge for Treaty Maori
Source: https://www.legislation.govt.nz/act/public/1993/0004/latest/whole.html
Exam Tip for Treaty Maori
Marae reservation land is not for sale; check for reservation status before accepting a listing.
Common Mistakes to Avoid on Treaty Maori Questions
- •Assuming the usual Māori freehold consent rules can authorise a sale of reservation 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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