The trustees of an ahu whenua trust hold the legal title to a Māori freehold block and pass a unanimous trustee resolution to sell part of it. What else does Te Ture Whenua Māori Act 1993 require?
Correct Answer
A) Consent of owners holding 75% of the beneficial interest, and Court confirmation of the sale.
Section 150A(1)(a) says Part 12 trustees must not sell Māori freehold land unless the persons owning at least 75% of the beneficial freehold interest consent (or three-quarters of owners where no shares are defined). Section 150A(3)(a) requires the instrument to be confirmed by the Court under Part 8, and the s 147A first refusal process applies.
Why This Is the Correct Answer
Trustees' own resolution is not enough; s 150A needs 75% beneficial-owner consent and Court confirmation.
Why the Other Options Are Wrong
Option B: Nothing further, because trustees holding legal title have full power to sell trust land.
Section 150A(1)(a) bars trustees from selling unless the beneficial owners consent at the 75% level.
Option C: Consent of owners holding 50% of the beneficial interest, with Registrar noting only.
50% is the long-term lease threshold; a sale needs 75% and Court confirmation under s 150A(3)(a).
Option D: Approval from the Minister for Māori Development after a public submission period closes.
The Act gives this role to the beneficial owners and the Māori Land Court, not to a Minister.
Background Knowledge for Treaty Maori
Source: https://www.legislation.govt.nz/act/public/1993/0004/latest/whole.html
Exam Tip for Treaty Maori
Holding legal title does not give trustees power to sell Māori freehold land on their own.
Common Mistakes to Avoid on Treaty Maori Questions
- •Treating an ahu whenua trust like an ordinary private trust where trustees can sell on their own.
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?
People Also Study
Property Law & Legislation
56 questions
Agency Practice
89 questions
Sale & Purchase Process
63 questions
Professional Conduct & Ethics
46 questions
Related Study Resources
Previous Question
Surplus Crown land subject to a Treaty settlement right of first refusal is offered to the iwi governance entity, which declines to buy. The department then sells on the open market. What limit applies to that sale?
Next Question
Trustees of a Māori reservation want to lease part of it for 35 years to build papakāinga housing for hapū members. Under s 338 of Te Ture Whenua Māori Act 1993, can they?