Owners of a Māori freehold block want the Māori Land Court to partition it so one of the new blocks can be sold to an outside developer. What kind of partition does the Court say is needed?
Correct Answer
C) A full partition, which goes through the Resource Management Act consent process.
The Māori Land Court explains that a hapū partition distributes new blocks among existing owners and they cannot be gifted or sold outside them, whereas a full partition allows new blocks to be transferred outside the ownership group. Full partitions are subject to the Resource Management Act 1991 and council consent, and reserve contributions may be required.
Why This Is the Correct Answer
Only a full partition lets new blocks go outside the ownership group, and it needs RMA consent.
Why the Other Options Are Wrong
Option A: A hapū partition, which needs no Resource Management Act consent and allows sale to anyone.
A hapū partition keeps the new blocks within the existing owners; they cannot be sold outside them.
Option B: An aggregation order, which lets any block be sold to outsiders.
Aggregation creates a common ownership list across blocks; it does not create saleable new titles.
Option D: A combined partition, which removes the new blocks from the Act altogether once it is made.
A combined partition re-divides land among existing owners; it does not free blocks for outside sale.
Background Knowledge for Treaty Maori
Source: https://www.maorilandcourt.govt.nz/en/maori-land/use-your-land/divide-your-land
Exam Tip for Treaty Maori
Hapū and combined partitions keep land among owners; a full partition is the one for outside sale.
Common Mistakes to Avoid on Treaty Maori Questions
- •Picking a hapū partition because it avoids resource consent, without noticing it bars outside sales.
More Treaty Maori Questions
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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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