How do I sell my Māori Land shares to my whānau?

A landowner was looking to sell her shares in a block of Māori land to her mokopuna.

She consulted her children and they agreed that the transfer was in the best interests of the whānau, so she sought legal advice to find out what the process was to transfer her shares.

The Te Ture Whenua Māori Act outlines a specific process for the sale and transfer of shares in Māori land. Selling shares in a Māori land block with multiple ownership interests is also called “an alienation of undivided interests”.

You can only transfer shares held in land with multiple ownership to someone who is in the preferred class of alienees and has a whakapapa connection to the land.

If you are looking to make a gift or to sell your shares in Māori land you must apply to the Māori Land Court for a Vesting Order to transfer your interests in the land.

In your application (using form 30) you must:

• Provide a description of the block and number of shares to be transferred.
• State who the shares will be transferred to.
• State your relationship to the transferee and provide whakapapa evidence to demonstrate that they are part of the preferred class.
• Provide a copy of the agreement if the land is being sold to the transferee
• Provide a valuation for the land. There are some exemptions to this where the transfer is a gift or the land is being transferred to a close relative.

The Court will consider your application at a hearing and will also take into account factors such as your reasons for the transfer and whether your close whānau and children have been adequately consulted about the proposal.

If you have any concerns about this process, or you need assistance to complete your application, it pays to seek guidance from a professional with relevant experience in dealing with Māori land matters.

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.