A whānau member owns shares in a multiply-owned Māori freehold block and wants the exclusive right to build a home on part of it. Which Māori Land Court order is designed for this?
Correct Answer
C) An occupation order giving exclusive use of a house site on the block.
Section 328 lets the Māori Land Court vest in a beneficial owner (or a person entitled to succeed, or a whānau trust beneficiary) exclusive use and occupation of part of the land as a house site. The Court's guidance says occupation orders are much easier to get than partitions, and the title stays with all the owners.
Why This Is the Correct Answer
Section 328 occupation orders exist to give an owner exclusive use of a house site on shared land.
Why the Other Options Are Wrong
Option A: A full partition taking the owner's whole shareholding out as a separate saleable title.
A partition divides the land into new titles; the Court says it is now granted only rarely and is harder to get.
Option B: A status order converting the house site into General land held in the owner's own name.
A status order changes land status; it is not the tool for giving one owner a house site.
Option D: A vesting order transferring the other owners' shares to them.
A vesting order transfers interests; it does not give one owner exclusive use of a site.
Background Knowledge for Treaty Maori
Source: https://www.maorilandcourt.govt.nz/en/maori-land/use-your-land/occupy-your-land
Exam Tip for Treaty Maori
House site on shared Māori land: think occupation order first, not partition.
Common Mistakes to Avoid on Treaty Maori Questions
- •Believing an owner must partition out their shares before building a home.
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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