A neighbour has openly fenced and farmed an unused corner of a Māori freehold block for 25 years and now tells a licensee he owns it by adverse possession. What is the legal position?
Correct Answer
D) No one may claim an interest in Māori land on the ground of adverse possession.
Section 150E(1) of Te Ture Whenua Māori Act 1993, inserted from 6 February 2021, says that despite any other enactment or rule of law, no person may claim an interest in Māori land on the ground of adverse possession. Long occupation by a neighbour does not give him title.
Why This Is the Correct Answer
Section 150E bars adverse possession claims over Māori land.
Why the Other Options Are Wrong
Option A: He can claim it after 20 years of open occupation, as for any other freehold land.
Section 150E(1) excludes adverse possession claims over Māori land despite any other rule.
Option B: He can claim it if no owner objected in writing over 25 years.
Owner silence does not matter; s 150E bars the claim outright.
Option C: He can claim it if the Māori Land Court finds that the owners had abandoned the land.
Section 150E applies despite any other enactment or rule of law; there is no abandonment exception.
Background Knowledge for Treaty Maori
Source: https://www.legislation.govt.nz/act/public/1993/0004/latest/whole.html
Exam Tip for Treaty Maori
Adverse possession never runs against Māori land.
Common Mistakes to Avoid on Treaty Maori Questions
- •Applying general land adverse possession ideas to Māori land.
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- → What is the key difference between general land owned by Māori and Māori freehold land?
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