A widow holds a life interest in her late husband's Māori freehold interests, with their children entitled in remainder. She wants to sell the land to fund a move to the city. What does Te Ture Whenua Māori Act 1993 say?
Correct Answer
C) She cannot alienate it without consent of everyone entitled in remainder.
Section 150D provides that a person with a life interest in Māori freehold land cannot alienate the land without the consent of all persons entitled in remainder, and holds the interest as a kaitiaki in accordance with tikanga Māori.
Why This Is the Correct Answer
Section 150D(a) requires the consent of all persons entitled in remainder.
Why the Other Options Are Wrong
Option A: She may sell it freely, because a life interest carries full ownership during her lifetime.
Section 150D(a) says she cannot alienate the land without the remaindermen's consent.
Option B: She may sell with consent of remaindermen holding 75% of the interests in remainder.
Section 150D(a) requires all persons entitled in remainder, not 75% of them.
Option D: She may sell once the Māori Trustee is appointed for the children.
The Act requires the consent of all remaindermen; appointing the Māori Trustee does not replace it.
Background Knowledge for Treaty Maori
Source: https://www.legislation.govt.nz/act/public/1993/0004/latest/whole.html
Exam Tip for Treaty Maori
A life interest holder is a kaitiaki, not an outright owner.
Common Mistakes to Avoid on Treaty Maori Questions
- •Treating a life interest as full ownership that can be sold.
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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