The jurisdiction of the Māori Land Court over ‘general land owned by Māori’ can often be misunderstood.  Does this mean for example that the Court can interfere with a couple selling their family home just because the couple are both Māori?

Land which has been classified as Māori land is protected under Te Ture Whenua Māori Act (“the Act”). The Act defines Māori land as meaning Māori customary land and Māori freehold land and aims to ensure that Māori land remains in Māori ownership by regulating who can buy and succeed to Māori land. The Act outlines that one of the primary objectives of the Māori Land Court is to promote and assist in the retention of Māori land, and this extends to General land owned by Māori.

‘General land owned by Māori’ is defined in the Act as General land that is owned for a beneficial estate in fee simple by a Māori, or by a group of persons of whom a majority are Māori. This may include land held in a trust.

This is in contrast to Māori freehold land, which refers to land which is held by Māori and has been granted a freehold order by the Māori Land Court.

The Māori Land Court’s jurisdiction includes Māori freehold land, Māori customary land and general land owned by Māori.

While the Māori Land Court does have jurisdiction over general land owned by Māori, its powers are not as broad as they are for Māori freehold land and Māori customary land.

No restrictions on alienation

For example, general land owned by Māori is not subject to the same restrictions as Māori freehold land in relation to transfers/alienation. While Māori freehold land can generally only be sold through the Māori Land Court process as there are restrictions on alienation, this is not applicable to general land owned by Māori.  The Court therefore could not interfere with the couple selling their home in the example above.

Vesting in Trusts

The Court has specific jurisdiction to vest general land owned by Māori in a putea trust, whanau trust, whenua topu trust or an ahu whenua trust under sections 212, 214, 215 and 216 of the Act.  The owners would need to agree to and apply for this vesting.

Occupation orders

There is also a right to issue an occupation order in relation to general land owned by Māori under section 328 of the Act.

Power to change the status of land

The Court has the power to change the status of general land owned by Māori to Māori freehold land under section 133 of the Act if requested.  This would only be granted if:

(a)        the land is beneficially owned by 1 or more Māori; and

(b)        the owners have had adequate opportunity to consider the proposed change of status; and

(c)        either—

(i)         all the owners agree to the proposed change of status; or

(ii)        the land can be managed or utilised effectively as Māori freehold land and a sufficient proportion of the owners agree to the proposed change of status; and

(d)        it is desirable that the land become Māori freehold land having regard to the history of the land, and to the identity of the owners and their personal association with the land.

Succession

The Court has jurisdiction over general land owned by Māori as part of the succession process, meaning such land can be included in those applications.

Section 111 of the Act gives the Māori Land Court the authority to make an order vesting any freehold interest in general land possessed by the deceased in the person entitled to succeed. The section does not reference the Court’s authority to determine competing claims, however.

In Burns — Maurice Hikana Nutira, the Māori Land Court found that while it had jurisdiction over general land owned by Māori for uncontested succession claims, its scope did not extend to contested succession claims. In this case, the Court held that the Act makes it clear that the High Court continues to have authority over testamentary disputes.

While the Māori Land Court’s powers are not as broad as they are for Māori freehold land and Māori customary land, it is always important to be conscious of the Act when dealing with general land owned by Māori.