Treaty of Waitangi & Maori Land

A neighbour has openly fenced and farmed an unused corner of a Māori freehold block for 25 years and now tells a licensee he owns it by adverse possession. What is the legal position?

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?

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?

An overseas company agrees to buy a Māori freehold block that is sensitive land under the Overseas Investment Act 2005. The owners have consented at the required level. What does s 152(3) of Te Ture Whenua Māori Act 1993 add?

An instrument of alienation selling Māori freehold land near Rotorua was signed by all the alienating owners in February. The buyer's lawyer first applies for Court confirmation in July. What risk does s 151 create?

A buyer has signed an agreement to buy a Māori freehold block from its owners and wants to move stock onto the land next week, before the Māori Land Court has confirmed the sale. What is the legal position?

What is a key consideration for real estate agents when dealing with Maori land transactions?

Under what circumstances can Māori customary land be sold or transferred?

A kuia who is the sole owner of a Māori freehold block wants to sell it to her grandson. Does she need to run the s 147A first-refusal notice process first?

Owners of a Māori freehold block plan to sell to an outside buyer and publish the s 147A first-refusal notice in a local newspaper on a Monday. What is the earliest closing date the notice may set for tenders from preferred-class members?

Owners preparing a s 147A first-refusal notice for a sale are worried that preferred-class members will simply offer the minimum price. What must the notice say about price?

A Māori couple buy an ordinary freehold house in Hamilton on a standard record of title. Under s 129 of Te Ture Whenua Māori Act 1993, what status does the land have while they own it?

What is the key difference between general land owned by Māori and Māori freehold land?

When the Māori Land Court investigates Māori customary land and determines its owners, what status does the land then have?

What is the primary purpose of the restrictions on alienating Māori freehold land?

Owners in common of a Māori freehold block, not in a trust or incorporation, want to grant a 30-year grazing lease with no renewals. Under s 150C of Te Ture Whenua Māori Act 1993, how can they grant it?

A widow holds a life interest in her late husband's Māori freehold interests, with their children entitled in remainder. She wants to sell the land to fund a move to the city. What does Te Ture Whenua Māori Act 1993 say?

Which type of Māori land is most commonly found and is subject to the restrictions of Te Ture Whenua Māori Act 1993?

Which type of Māori land can be freely bought and sold on the open market without restriction?

What distinguishes Māori customary land from other types of Māori land?

Which court has jurisdiction over matters relating to Maori land under Te Ture Whenua Maori Act 1993?

A client wants to buy a section that appears to be Māori freehold land. What is the most appropriate initial advice from the licensee?

A client wants to buy Māori freehold land. Which statement about the sale process is accurate?

Which classification of land under Te Ture Whenua Maori Act 1993 is subject to the most restrictions on alienation?

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?

Whānau owners are choosing between an occupation order and a licence to occupy so one member can build a house on their Māori freehold block. According to the Māori Land Court, how do the two differ on succession?

A whānau member owns shares in a multiply-owned Māori freehold block and wants the exclusive right to build a home on part of it. Which Māori Land Court order is designed for this?

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?

Owners of a Māori freehold block want the Māori Land Court to partition it so one of the new blocks can be sold to an outside developer. What kind of partition does the Court say is needed?

Owners of a block of Māori freehold land ask a licensee to sell it. What should the licensee's first step be?

Someone asks a licensee to sell land they say is Māori freehold land. What is the licensee's most appropriate first step?

Four people want to buy a Māori freehold block. Which of them is outside the preferred classes of alienees under Te Ture Whenua Māori Act 1993?

Trustees of a Māori reservation want to lease part of it for 35 years to build papakāinga housing for hapū members. Under s 338 of Te Ture Whenua Māori Act 1993, can they?

A marae committee member asks a licensee to appraise and list part of the marae grounds, which the Māori Land Court has set apart as a Māori reservation. What should the licensee tell them?

Under what circumstances can Maori freehold land be converted to general land?

What is the primary legislation governing Māori land in New Zealand?

Under Te Ture Whenua Māori Act 1993, what is required before owners of Māori freehold land can sell it to a buyer outside the preferred classes of alienees?

Under Te Ture Whenua Maori Act 1993, what is the primary purpose of the Maori Land Court?

Under Te Ture Whenua Maori Act 1993, what is the primary purpose of this legislation?

A licensee is invited to a hui of whānau owners to present a lease proposal for their block. Several owners arrive with questions and some disagree. Which approach fits the Māori Land Court's guidance on owner hui?

A buyer asks a licensee whether the Treaty of Waitangi can be enforced directly in court in a dispute about a private house sale. What does the Crown's settlement guide say about how Treaty principles take legal effect?

A licensee is listing land once owned by a state-owned enterprise, and the record of title carries a memorial under the State-Owned Enterprises Act 1986. What should buyers be told the memorial means?

Surplus Crown land subject to a Treaty settlement right of first refusal is offered to the iwi governance entity, which declines to buy. The department then sells on the open market. What limit applies to that sale?

A buyer is nervous about purchasing a private freehold home in an area where an iwi is negotiating a Treaty settlement with the Crown. What does the Crown's settlement policy say about private land?

The Treaty principles are often summarised as "the three Ps". Which of these is NOT one of them?

Under the Treaty of Waitangi, what was guaranteed to Māori in Article II?

The English text of Article 2 of the Treaty of Waitangi gave the Crown a particular right over Māori land sales. What was it?

Which Treaty of Waitangi principle requires the Crown to actively protect Māori interests?

In the context of the Treaty of Waitangi, what does the principle of partnership mean for modern property transactions?

In the context of the Treaty of Waitangi, what does 'tino rangatiratanga' mean for property rights?

What is the most appropriate approach for a licensee handling a property that may affect Māori interests?

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?

Under a Treaty settlement, an iwi holds a right of first refusal over certain Crown-owned land. What does this mean if the Crown later decides to sell that land?

The Treaty principle of "active protection" is often raised in property discussions. What does it require, and of whom?

What is a key principle of the Treaty of Waitangi that real estate practitioners should consider when dealing with properties that may have cultural significance to Maori?

The trustees of an ahu whenua trust hold the legal title to a Māori freehold block and pass a unanimous trustee resolution to sell part of it. What else does Te Ture Whenua Māori Act 1993 require?

A Māori incorporation's committee wants to sell a block of Māori freehold land vested in the incorporation. What authorisation does s 150B of Te Ture Whenua Māori Act 1993 require?

An owner holding a small undivided share in a Māori freehold block wants to sell just that share to a private investor with no whakapapa link to the land. What does s 148 of Te Ture Whenua Māori Act 1993 allow?