An instrument of alienation selling Māori freehold land near Rotorua was signed by all the alienating owners in February. The buyer's lawyer first applies for Court confirmation in July. What risk does s 151 create?
Correct Answer
C) The Court may decline to consider it, as it is over 3 months after execution.
Section 151(2)(a) says the Court may decline to consider an application for confirmation of an instrument of alienation made later than 3 months after the alienor signed it (4 months for land in the Chatham Islands). February to July is more than 3 months, so the Court has a discretion to refuse to consider it.
Why This Is the Correct Answer
Section 151(2)(a) sets a 3-month window after execution, and the Court may decline late applications.
Why the Other Options Are Wrong
Option A: None, because there is no time limit on applying for confirmation of an instrument.
Section 151(2)(a) lets the Court decline applications made more than 3 months after execution.
Option B: The sale is void, and the parties must sign a fresh instrument.
The Act gives the Court a discretion to decline; it does not make a late application void automatically.
Option D: The Court may decline it, since the limit is 10 working days after the instrument was signed.
10 working days is the minimum wait for a resolution of assembled owners, not the instrument limit.
Background Knowledge for Treaty Maori
Source: https://www.legislation.govt.nz/act/public/1993/0004/latest/whole.html
Exam Tip for Treaty Maori
Instrument of alienation: apply for confirmation within 3 months of execution (4 in the Chatham Islands).
Common Mistakes to Avoid on Treaty Maori Questions
- •Assuming confirmation can be sought at any time once the buyer is ready to settle.
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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