Looking to sell Māori Freehold Land? Make sure you know your duties…

When looking to sell Māori freehold land, it is important to make sure that you have met notification requirements before proceeding.

In a recent decision by the Māori Land Court, the Court considered the duties of the property owner to notify, before sale, the preferred class of alienees (PCA), or those who may have a whakapapa interest in the land. 

Under the Te Ture Whenua Māori Act, if you are looking to sell Māori freehold land you must notify the preferred class of alienees of the proposed sale, and give any member of this group right of first refusal over the property.

The property owner had no relationship with the PCA in this case, and had attempted to notify the PCA through the local newspaper, community Facebook page, contacting the local hapū Authority Chair for member details, and reaching out to the local marae.

The Court was satisfied that the property owner had fulfilled their duty under the Act to publicly notify their intention to sell the property and to individually contact each of the members of the PCA.

As there had been no response to the notification, the Court agreed that right of first refusal had not been taken up, so the sale of the land could go ahead.

When selling Māori freehold land, it is important to seek legal advice to ensure that you have notified the correct people and met your duties under the Te Ture Whenua Māori Act. 

Peter Johnston and Alexandra McCracken.