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?
Correct Answer
C) Owners of at least 50% of the beneficial interest, plus the Māori Land Court's approval.
A lease for more than 52 years is a long-term lease under s 4 of Te Ture Whenua Māori Act 1993. Section 150C(1)(b) lets owners in common grant one only if the Court, in its discretion, approves and owners holding at least 50% of the beneficial freehold interest consent. The 75% threshold applies to a sale or gift.
Why This Is the Correct Answer
A 60-year lease is a long-term lease, which needs 50% of the beneficial interest and the Court's approval under s 150C(1)(b).
Why the Other Options Are Wrong
Option A: Owners of at least 75% of the beneficial interest, with no need for the Court to approve.
The 75% threshold is for a sale or gift, and a long-term lease also needs the Court's approval under s 150C(1)(b).
Option B: Every registered owner must sign, because any lease of Māori land needs unanimous consent.
Unanimity is not required for a long-term lease; s 150C(1)(b) sets a 50% beneficial-interest threshold plus Court approval.
Option D: A simple majority of the owners who attend a hui, counted by heads rather than shares.
Where owners have defined shares, s 150C counts the beneficial interest they hold, not heads at a meeting.
Background Knowledge for Treaty Maori
Source: https://www.legislation.govt.nz/act/public/1993/0004/latest/whole.html
Exam Tip for Treaty Maori
Sale or gift is 75%; a long-term lease (over 52 years) is 50% plus Court approval.
Common Mistakes to Avoid on Treaty Maori Questions
- •Applying the 75% sale threshold to every dealing with Māori freehold land, including long leases.
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- → What is the key difference between general land owned by Māori and Māori freehold land?
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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?