Whānau owners are choosing between an occupation order and a licence to occupy so one member can build a house on their Māori freehold block. According to the Māori Land Court, how do the two differ on succession?
Correct Answer
D) An occupation order can pass by succession, but a licence to occupy cannot.
The Māori Land Court explains that under an occupation order the title stays with the landowners but the order may be passed on by succession, while a licence to occupy is a contract with the other owners that cannot be passed on by succession. Section 329(2)(aa) requires owners to understand that an occupation order may pass by succession before the Court makes one.
Why This Is the Correct Answer
The Court's guidance states that occupation orders may pass by succession and licences to occupy cannot.
Why the Other Options Are Wrong
Option A: A licence to occupy can pass by succession, but an occupation order ends on death.
The Court's guidance says the reverse: the order may pass by succession and the licence cannot.
Option B: Neither can, as both end automatically on the occupier's death.
Section 329(2)(aa) and the Court's guidance confirm an occupation order may pass by succession.
Option C: Both pass by succession, but only the licence needs a Māori Land Court hearing first.
A licence to occupy cannot pass by succession, and many licences are noted by a registrar without a hearing.
Background Knowledge for Treaty Maori
Source: https://www.maorilandcourt.govt.nz/en/maori-land/use-your-land/occupy-your-land
Exam Tip for Treaty Maori
Occupation order: can be inherited; licence to occupy: cannot.
Common Mistakes to Avoid on Treaty Maori Questions
- •Assuming a licence and an order work the same way because both let someone live on the land.
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
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?
Next Question
Whānau owners in common of a Māori freehold block (each with a defined share) want to lease the whole block to a kiwifruit company for 60 years. Under Te Ture Whenua Māori Act 1993, what approval is needed?