Is an interest Māori land relationship property?

When couples separate, the division of their relationship property is often guided by certain rules under relationship property law. However, Māori land is usually excluded from the normal rules of division. This means that even where there is a qualifying marriage, civil union or de facto relationship, Māori land and/or a house on Māori land may be considered separate property instead of entering the pool of relationship property.

The exclusion of Māori land under the law relates to the Tikanga Māori customary practice of passing land down through the whānau or hapū. This means the spouse who owns the interest or share will retain the whole of their interest or share throughout the separation.

It gets a little complicated if a house used as the family home is located on the Māori land. In determining whether the house should be categorised as relationship property, the Court will look at the degree in which the house is attached to the land.

In one case, a house that was on timber piles was considered to not be affixed to the land, and therefore considered relationship property. It may also be the case if the couple lived on a caravan on Māori land that the caravan will be relationship property, but the land would not.

If a house was constructed and affixed to the land after a spouse obtains their interest to the Māori land, the house will generally not be included in the relationship property division. This is because the law states that if a house or building is permanently attached to the land, it is part of that land.

However, the Court may still provide for the spouse who does not have the interest in Māori land in other ways during the division. The Court may choose to compensate the spouse or, where the spouse has contributed to the land and/or the house, the Court may unequally divide the remaining relationship property pool.

It pays to speak to a legal professional if a relationship property claim includes Māori land as each case will be decided on its own circumstances.

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.

Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area.  We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.