An owner holding a small undivided share in a Māori freehold block wants to sell just that share to a private investor with no whakapapa link to the land. What does s 148 of Te Ture Whenua Māori Act 1993 allow?
Correct Answer
A) The share may be sold separately only to a member of a preferred class.
Section 148(1) allows an owner of an undivided interest in Māori freehold land to alienate it to a person in one or more of the preferred classes, and s 148(2) allows a mortgage to a State Loan Department. Section 148(3) says the owner otherwise has no capacity to alienate the interest separately.
Why This Is the Correct Answer
Under s 148, an undivided share can go separately only to preferred-class members.
Why the Other Options Are Wrong
Option B: The share may be sold to anyone once the s 147A first-refusal notice period has passed.
The s 147A process applies to sales of the land; s 148 limits separate sales of undivided shares to preferred classes.
Option C: The share may be sold to anyone, because only whole-block sales need owner thresholds.
Section 148(3) says owners of undivided interests have no capacity to alienate them except as s 148 allows.
Option D: It may be sold to the investor if owners holding 75% agree.
Consent from other owners does not widen s 148; separate sales of shares go only to preferred classes.
Background Knowledge for Treaty Maori
Source: https://www.legislation.govt.nz/act/public/1993/0004/latest/whole.html
Exam Tip for Treaty Maori
Individual shares stay within whakapapa and ownership circles; whole-block sales follow s 150C.
Common Mistakes to Avoid on Treaty Maori Questions
- •Treating an undivided share like a freely tradeable investment.
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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