Owners of a Māori freehold block plan to sell to an outside buyer and publish the s 147A first-refusal notice in a local newspaper on a Monday. What is the earliest closing date the notice may set for tenders from preferred-class members?
Correct Answer
C) At least 20 working days after the notice is first published, and it must be reasonable.
Section 147A(5) requires the notice to set a deadline for tenders that is reasonable and no less than 20 working days after the day the notice is first published. The notice must also be sent to known preferred-class members and published in a newspaper circulating in the district and on a free-access website.
Why This Is the Correct Answer
Section 147A(5) sets a deadline that is reasonable and no less than 20 working days after first publication.
Why the Other Options Are Wrong
Option A: At least 10 working days after the notice is first sent to each known preferred-class member.
Section 147A(5)(b) sets a minimum of 20 working days, counted from first publication, not 10 days.
Option B: Any date the owners choose, as long as the notice is also posted on a free website.
Online publication is required in addition, and the deadline must still be at least 20 working days and reasonable.
Option D: Three months after publication, matching the time limit for applying for Court confirmation.
Three months is the s 151 limit for seeking confirmation after execution; s 147A sets 20 working days.
Background Knowledge for Treaty Maori
Source: https://www.legislation.govt.nz/act/public/1993/0004/latest/whole.html
Exam Tip for Treaty Maori
First refusal notice: 20 working days minimum, counted from first publication.
Common Mistakes to Avoid on Treaty Maori Questions
- •Mixing up the 20-working-day tender period with the 3-month limit for seeking Court confirmation.
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?
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- → What is the most appropriate approach for a licensee handling a property that may affect Māori interests?
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- → 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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