What is the process for notifying the preferred class of alienees when looking to sell Māori Land?

When looking to sell Maori freehold land (also known as alienating), it is important to consider the notification requirements before proceeding.

Maori land is subject to additional requirements under the Te Ture Whenua Maori Act, in particular that members of the preferred class of alienees (broadly meaning those who whakapapa to the land) must be given the right of first refusal ahead of those who are not part of the preferred class.  

Under the Act, if you are looking to sell Maori freehold land to someone outside of the preferred class, you must notify the preferred class of the proposed sale and give any member of this group right of first refusal over the property.

The Maori Land Court rules outline the procedure for notifying the preferred class as to their right of first refusal. The Maori Land Court rules specify the information which must be included in any notice, including:

• The details of the application, including the name and block number of the land intended to be sold, and any terms of sale
• That the sale cannot proceed unless the owners give the preferred class the right of first refusal
• That any member of the preferred class may give notice to the Maori Land Court of their intention to pursue their right of first refusal and the deadline for doing so
• The details of the Maori Land Court office at which the application has been made

The notice must be circulated at least twice, with at least 5 working days between each notice, in a newspaper that is local to the land and has been approved by the Registrar. The notice must specify a deadline for receiving tenders that is reasonable and no less than 20 working days after the day on which the first notice was published.

The Registrar will also arrange for the notice to be published in the Maori Land Court Panui and display a copy on the noticeboard in the office of the local Court for at least 3 months.

The Te Ture Whenua Maori Act also requires that the notice is sent to every member of the preferred class whose physical or electronic address is known to the seller after the seller has made reasonable efforts to determine the addresses, and that it is published on an internet site to which members have access free of charge.

You need to ensure that the preferred class is reasonably likely to learn of the proposed alienation. This might include advertising on the community, marae, or iwi Facebook page, contacting the local hapu Authority Chair or iwi representative for member details, and reaching out to the local marae.

The Act states that the seller may apply to the Court for directions about what is required to satisfy their obligations to the preferred class.

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