Four people want to buy a Māori freehold block. Which of them is outside the preferred classes of alienees under Te Ture Whenua Māori Act 1993?
Correct Answer
D) A neighbouring farmer with no whakapapa connection to the owners or the hapū.
Section 4 lists the preferred classes as the owner's children and remoter issue; whanaunga associated with the land in accordance with tikanga; other beneficial owners who are hapū members; trustees of those persons; and descendants of former owners who were hapū members. A neighbour with no whakapapa link falls in none of them.
Why This Is the Correct Answer
Only whakapapa or ownership links bring a buyer within s 4; being a neighbour does not.
Why the Other Options Are Wrong
Option A: A beneficial owner of the same block who belongs to its hapū.
Other beneficial owners who are hapū members are expressly a preferred class in s 4.
Option B: A trustee holding land on behalf of the selling owner's children and their descendants.
Trustees of persons in the first three classes, such as the owner's children, are a preferred class.
Option C: A descendant of a former owner of the block who belonged to the hapū associated with it.
Descendants of former owners who were hapū members are the fifth preferred class in s 4.
Background Knowledge for Treaty Maori
Source: https://www.legislation.govt.nz/act/public/1993/0004/latest/whole.html
Exam Tip for Treaty Maori
Preferred classes are built on whakapapa and ownership, not on location or commercial interest.
Common Mistakes to Avoid on Treaty Maori Questions
- •Treating an adjoining landowner as having a priority right to buy Māori freehold land.
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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