What distinguishes Māori customary land from other types of Māori land?
Correct Answer
C) It is held under tikanga and its title has never been investigated
Māori customary land is land that has never been investigated by the Māori Land Court to determine ownership according to tikanga Māori. Once investigated, it typically becomes Māori freehold land with defined ownership structures.
Why This Is the Correct Answer
Section 129(2)(a) defines Māori customary land as land held by Māori in accordance with tikanga Māori. Its ownership has never been investigated and determined by a Court freehold order, which is what turns land into Māori freehold land.
Why the Other Options Are Wrong
Option A: It can be freely sold on the open market like general land
Customary land cannot be sold at all (s 145); it is the most restricted category, not the least.
Option B: It has been through a Māori Land Court title investigation
Land that has been through a title investigation is vested as Māori freehold land; that is what separates freehold from customary land.
Option D: It is automatically registered under the land transfer system
Customary land has no Land Transfer title; a vesting order is needed before its ownership can be registered.
Deep Analysis of This Treaty Maori Question
The distinction is historical: from 1865 the Native Land Court investigated customary titles and issued freehold orders, converting most customary land into Māori freehold land. Land that has never gone through that process remains customary land and cannot be sold.
Background Knowledge for Treaty Maori
Te Ture Whenua Māori Act 1993 gives all land one of six statuses. Customary land is the rarest Māori land status; Māori freehold land, whose owners were determined by the Court, is the most common.
Memory Technique
Customary land has never been "through the Court"; freehold land has.
Look for "held under tikanga" or "never investigated" to identify customary land.
Exam Tip for Treaty Maori
Customary land is not on the land transfer register and cannot be sold.
Real World Application in Treaty Maori
Researching a remote coastal block, a lawyer finds no Land Transfer title and no Māori Land Court freehold order. The block is Māori customary land, so it cannot be sold or mortgaged until the Court investigates and vests it.
Common Mistakes to Avoid on Treaty Maori Questions
- •Thinking customary land has been through the Court
- •Thinking customary land can be sold
- •Thinking customary land has a registered title
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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