Which type of Māori land can be freely bought and sold on the open market without restriction?
Correct Answer
B) General land owned by Māori
General land owned by Māori is a status recognised by Te Ture Whenua Māori Act 1993, but the Act's restrictions on sale do not apply to it. It is bought and sold like any other general land, whereas Māori freehold land needs owner consent and Court confirmation and Māori customary land cannot be sold.
Why This Is the Correct Answer
General land owned by Māori is general land that happens to be owned by Māori. The Act's restrictions on alienation do not apply to it, so it is bought and sold like any other general land on the land transfer register.
Why the Other Options Are Wrong
Option A: Māori freehold land
Selling Māori freehold land needs 75% owner consent, a right of first refusal and Court confirmation.
Option C: Māori customary land
Māori customary land cannot be sold at all under s 145.
Option D: Crown land reserved for Māori
Crown land reserved for Māori is owned by the Crown and set apart for Māori purposes; it is not traded by Māori owners on the open market.
Deep Analysis of This Treaty Maori Question
The label can mislead: "Māori" in "general land owned by Māori" describes the owners, not a special tenure. What matters is that the land has general land status, so ordinary conveyancing applies.
Background Knowledge for Treaty Maori
Section 129 of Te Ture Whenua Māori Act 1993 defines general land owned by Māori as general land beneficially owned by a Māori or by a group of people of whom a majority are Māori. It is a separate status from Māori freehold land, whose owners were determined by a Māori Land Court freehold order.
Memory Technique
If the status says "general", the sale is general, whoever the owners are.
For "freely sold" questions, pick the general land status; the other Māori land statuses carry restrictions.
Exam Tip for Treaty Maori
Do not confuse general land owned by Māori with Māori freehold land.
Real World Application in Treaty Maori
A whānau of six owns a rental property on an ordinary title. It is general land owned by Māori, so they list it with an agent and sell it on the standard agreement without any Māori Land Court involvement.
Common Mistakes to Avoid on Treaty Maori Questions
- •Assuming any land owned by Māori is restricted
- •Confusing general land owned by Māori with Māori freehold land
- •Thinking Crown land reserved for Māori can be traded by Māori owners
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?
- → Someone asks a licensee to sell land they say is Māori freehold land. What is the licensee's most appropriate first step?
- → Under the Treaty of Waitangi, what was guaranteed to Māori in Article II?
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