Owners in common of a Māori freehold block, not in a trust or incorporation, want to grant a 30-year grazing lease with no renewals. Under s 150C of Te Ture Whenua Māori Act 1993, how can they grant it?
Correct Answer
D) With every owner's agreement, or by a resolution at a meeting of assembled owners.
Section 150C(1)(c) says owners in common must not alienate in any way other than a sale, gift or long-term lease except by agreement of all the owners or under a resolution at a meeting of assembled owners held under Part 9. A 30-year lease is not long-term (52 years or less), so this route applies. Section 150C(3)(b) then requires a certificate of confirmation from the Registrar.
Why This Is the Correct Answer
A lease of 52 years or less is an 'other' alienation, which needs all owners or an assembled-owners resolution.
Why the Other Options Are Wrong
Option A: With the consent of owners holding 50% of the beneficial interest and Court approval.
That is the rule for a long-term lease of more than 52 years; a 30-year lease falls under s 150C(1)(c) instead.
Option B: With the consent of owners holding at least 75% of the beneficial interest in the land.
The 75% threshold in s 150C(1)(a) is for alienation by sale or gift, not for a 30-year lease.
Option C: Any single owner may sign it, because leases under 52 years are not alienations.
A lease for more than 3 years is an alienation under s 4, and s 150C(1)(c) requires all owners or an assembled-owners resolution.
Background Knowledge for Treaty Maori
Source: https://www.legislation.govt.nz/act/public/1993/0004/latest/whole.html
Exam Tip for Treaty Maori
Sort the dealing first: sale/gift (75%), long-term lease (50% plus Court), anything else (all owners or a meeting).
Common Mistakes to Avoid on Treaty Maori Questions
- •Assuming shorter leases need no owner decision because only sales and long leases have thresholds.
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- → What is the key difference between general land owned by Māori and Māori freehold land?
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