What is the primary purpose of the restrictions on alienating Māori freehold land?
Correct Answer
D) To keep Māori land from being lost from Māori ownership
The restrictions on alienating Māori freehold land under Te Ture Whenua Māori Act 1993 are designed to protect Māori land from being permanently lost from Māori ownership. This reflects the cultural and spiritual significance of land to Māori and aims to prevent further land loss.
Why This Is the Correct Answer
After large losses of Māori land in the nineteenth and twentieth centuries, the Act treats Māori land as taonga tuku iho and restricts alienation to promote its retention by its owners, their whānau and hapū.
Why the Other Options Are Wrong
Option A: To increase the market value of Māori land for its owners
The restrictions tend to narrow the pool of buyers; raising prices is not their purpose.
Option B: To generate fee revenue for running the Māori Land Court
Court fees are incidental; the restrictions exist to protect land as taonga tuku iho.
Option C: To make conveyancing more complex so fewer sales happen
Complexity is a side effect, not the aim; the purpose is retention of Māori land.
Deep Analysis of This Treaty Maori Question
Each restriction serves retention: the 75% consent threshold stops a minority of owners selling, the right of first refusal gives whānau and hapū the first chance to buy, and Court confirmation checks the process and price. Together they slow and scrutinise alienation without banning it.
Background Knowledge for Treaty Maori
The Preamble of Te Ture Whenua Māori Act 1993 recognises that land is a taonga tuku iho of special significance to Māori, and s 2 directs that the Act be applied to promote retention, use, development and control of Māori land by its owners, their whānau, hapū and descendants.
Memory Technique
Taonga tuku iho means a treasure handed down. The restrictions are there so it keeps being handed down.
For purpose-of-restrictions questions, choose retention of Māori land in Māori ownership.
Exam Tip for Treaty Maori
Retention is the purpose; complexity and fees are side effects.
Real World Application in Treaty Maori
Owners of a lakeside block receive a high offer from an overseas buyer. Because owners holding more than a quarter of the interest oppose the sale, the 75% threshold is not met and the land stays with the whānau, which is the outcome the restrictions are designed to allow.
Common Mistakes to Avoid on Treaty Maori Questions
- •Thinking the purpose is to raise prices
- •Thinking the Act bans all sales
- •Treating complexity as the aim
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?
People Also Study
Property Law & Legislation
56 questions
Agency Practice
89 questions
Sale & Purchase Process
63 questions
Professional Conduct & Ethics
46 questions