Cabinet agrees to exempt Post Settlement Governance Entities from the Supervisory Jurisdiction of the Māori Land Court

The landmark decision of the Supreme Court in Nikora v Kruger [2024] found that the Post Settlement Governance Entity (PSGE) at the centre of that case was subject to the supervisory jurisdiction of the Māori Land Court (MLC) under Te Ture Whenua Māori Act 1993. Subsequently, this judgment confirmed the MLC’s supervisory jurisdiction to be applied to all PSGEs across New Zealand. 

In June 2025, the Cabinet Social Outcomes Committee indicated that the Government intends to make a one-off legislative solution to “remove the supervisory jurisdiction of the MLC from PSGEs for those who request it”. 

Cabinet highlighted that under the Treaty settlement framework it was not foreseen or intended that the MLC’s supervisory jurisdiction would apply to PSGEs, as most transferred land in settlements was general land.  

Following the decision in Nikora, the Government consulted with all 73 PSGEs, with approximately 42 PSGEs formally confirming their requests for the supervisory jurisdiction of the MLC to be removed thus far. 

Accordingly, the Cabinet Social Outcomes Committee agreed that every PSGE that requests it be exempt from sections 237 to 245 of Te Ture Whenua Māori Act 1993 (otherwise known as the supervisory jurisdiction of the Māori Land Court) by way of legislation providing this exemption. Cabinet further agreed that the legislation would list the PSGEs to be exempt, and that other PSGEs may be added to the schedule of the relevant Act by Order in Council in the future. 

It is envisaged that PSGEs listed in the schedule will be able to refer any dispute to the MLC for mediation, by agreement of the disputing parties. 

This is an important development that has implications for all PSGEs holding general land settlement assets. 

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track. 

Peter Johnston and Raiyan Azmi