New Bill overrules Supreme Court Decision – PSGE’s can opt out of Māori Land Court supervision

The Government has introduced the Post-settlement Governance Entities (Exemption from Jurisdiction of Māori Land Court) Bill, a new Bill allowing Post-settlement Governance Entities (PSGEs) to opt out of the supervisory jurisdiction of the Māori Land Court.

This is in response to the Supreme Court’s 2024 decision in Nikora v Kruger, a decision which held that PSGEs holding general land owned by Māori fell under the jurisdiction of the Māori Land Court. The Bill has been proposed following extensive consultation with PSGEs across the country.

The Bill exempts a number of named PSGEs from sections of Te Ture Whenua Māori Act 1993 [which provide the Māori Land Court with supervisory jurisdiction over Māori land trusts and trusts (i.e. PSGEs) constituted in respect of general land owned by Māori] over disputes relating to their operations and administration. Further PSGEs may be added at a later date by Order in Council.

The practical implications of the Bill are that where governance disputes arise that may have previously been addressed under the jurisdiction of the Māori Land Court, they would now be dealt with through the PSGE’s own trust deed (and its associated dispute resolution procedure), by standard court action, or other alternative dispute resolution mechanisms.

It is important to remember that the Bill only exempts PSGEs from a limited portion of the Māori Land Court’s supervisory jurisdiction under TTWMA-other aspects may still apply, such as those relating to alienation of Māori freehold land.

Likewise, not all PSGEs across the country have sought to be exempt. Naturally, there may be a divergence of results between those who remain under the purview of the Māori Land Court, and those who become exempted.

It is important to consider and monitor how this may impact the mana and autonomy of iwi and hapū in the post-settlement context.

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