Under what circumstances can Māori customary land be sold or transferred?
Correct Answer
C) It cannot be sold; it must first become Māori freehold land
Māori customary land cannot be alienated and must first be converted to Māori freehold land through the Māori Land Court before any sale or transfer can occur. This conversion process involves the Court investigating and determining the rightful owners of the customary land.
Why This Is the Correct Answer
Section 145 of Te Ture Whenua Māori Act 1993 provides that Māori customary land cannot be alienated. The Māori Land Court can change its status to Māori freehold land by vesting order (s 132), after which the usual rules for selling Māori freehold land apply.
Why the Other Options Are Wrong
Option A: It can be sold with Māori Land Court approval while still customary land
Section 145 bars any alienation of Māori customary land, so the Court cannot approve a sale while the land keeps that status.
Option B: It can be sold only to Māori with whakapapa links to the land
Customary land cannot be sold to anyone, including Māori with whakapapa links. Section 145 allows only limited dealings, such as changes in holders under tikanga, a Māori reservation, easements, or a change of status to Māori freehold land.
Option D: It can be sold with the consent of the iwi authority for that rohe
No iwi authority can authorise the sale of customary land; the statutory bar applies whatever the iwi thinks.
Deep Analysis of This Treaty Maori Question
Customary land is held under tikanga, and changes among its holders in accordance with tikanga are still allowed. What the law bars is alienation to outsiders, disposition by will, and acquisition under an Act. Once the Court investigates and vests the land as Māori freehold land, the 75% consent, right of first refusal and confirmation rules govern any sale.
Background Knowledge for Treaty Maori
Section 129(2)(a) defines Māori customary land as land held by Māori in accordance with tikanga Māori. Very little land still has this status. It becomes Māori freehold land when the Court determines its owners and makes a vesting order.
Memory Technique
Think of customary land as locked: the only key is a Court vesting order that turns it into Māori freehold land.
For customary land, choose the answer that says it cannot be sold and must first become Māori freehold land.
Exam Tip for Treaty Maori
Neither the Court nor an iwi can approve a sale of land while it remains customary land.
Real World Application in Treaty Maori
A whānau learns that a small coastal block they occupy has never had its title investigated. A buyer approaches them. Their lawyer explains that the land is Māori customary land and cannot be sold; the whānau would first need a Māori Land Court vesting order, and any later sale would then follow the Māori freehold land rules.
Common Mistakes to Avoid on Treaty Maori Questions
- •Thinking the Court can approve a sale of customary land
- •Thinking iwi consent can authorise a sale
- •Confusing customary land with Māori freehold land
Related Topics & Key Terms
Key Terms:
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?
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