An overseas company agrees to buy a Māori freehold block that is sensitive land under the Overseas Investment Act 2005. The owners have consented at the required level. What does s 152(3) of Te Ture Whenua Māori Act 1993 add?
Correct Answer
D) The Court may confirm only if Overseas Investment Act consent or an exemption applies.
Section 152(3) says the Māori Land Court may confirm an alienation of Māori freehold land that is, or is part of, an overseas investment in sensitive land only if consent has been obtained, or an exemption applies, under the Overseas Investment Act 2005. The usual s 152(1) matters must also be satisfied.
Why This Is the Correct Answer
Section 152(3) makes overseas investment consent, or an exemption, a condition of confirmation.
Why the Other Options Are Wrong
Option A: The Court must refuse confirmation, since Māori freehold land can never pass to overseas persons.
Section 152(3) permits confirmation where overseas investment consent is obtained or an exemption applies.
Option B: Nothing, because Court confirmation replaces the need for consent under the Overseas Investment Act.
Section 152(3) makes Overseas Investment Act consent a precondition, not something confirmation replaces.
Option C: The owners' consent threshold rises to every owner signing.
Section 152(3) adds an overseas investment condition; it does not change the s 150C consent thresholds.
Background Knowledge for Treaty Maori
Source: https://www.legislation.govt.nz/act/public/1993/0004/latest/whole.html
Exam Tip for Treaty Maori
For overseas buyers of sensitive Māori land, both regimes must be satisfied.
Common Mistakes to Avoid on Treaty Maori Questions
- •Assuming one approval process (Court or overseas investment) covers the other.
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- → What is the key difference between general land owned by Māori and Māori freehold land?
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- → 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?
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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?
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