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?
Correct Answer
A) Yes, with the Court's consent, as papakāinga housing may exceed the 14-year limit.
While land is a Māori reservation it cannot be alienated (s 338(11)), but s 338(12) lets the trustees, with the Court's consent, grant a lease or occupation licence for up to 14 years including renewals. Section 338(14) allows a longer term if the lease is for education, health or papakāinga housing.
Why This Is the Correct Answer
Section 338(14) lifts the 14-year cap for papakāinga housing, and s 338(12) requires the Court's consent.
Why the Other Options Are Wrong
Option B: No, because leases of a Māori reservation can never run longer than 14 years in total.
Section 338(14) lets a lease exceed 14 years if it is for education, health or papakāinga housing.
Option C: No, because reservation land cannot be leased in any circumstances.
Section 338(12) lets trustees grant leases or occupation licences with the Court's consent.
Option D: Yes, without Court involvement, as long as owners holding 50% of the beneficial interest agree.
Reservation leases are granted by trustees with the Court's consent, not by a 50% owner vote.
Background Knowledge for Treaty Maori
Source: https://www.legislation.govt.nz/act/public/1993/0004/latest/whole.html
Exam Tip for Treaty Maori
Reservation leases: 14 years maximum, unless for education, health or papakāinga housing.
Common Mistakes to Avoid on Treaty Maori Questions
- •Thinking reservation land can never be leased, or can be leased on an ordinary owner vote.
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- → What is the key difference between general land owned by Māori and Māori freehold land?
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