New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 16 September 2011
| Public Act | 1993 No 4 |
| Date of assent | 21 March 1993 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by Te Puni Kōkiri.
1 Short Title and commencement
2 Interpretation of Act generally
3 Interpretation of Maori terms [Repealed]
6 Maori Land Court to continue
7A Judges act on full-time basis but may be authorised to act part-time
8A Delegation to Deputy Chief Judge
9 Appointment of temporary Judges
11 Certificate by Chief Judge and 1 other Judge prerequisite
12A Judges to have immunities of High Court Judges
13 Salaries and allowances of Judges
Objectives, jurisdiction, and powers
18 General jurisdiction of court
19 Jurisdiction in respect of injunctions
20 Jurisdiction in actions for recovery of land
21 Power of court to grant relief against forfeiture
22 Power of court to grant relief against refusal to grant renewal
22A Power of court to grant specific performance of leases of Maori freehold land
23 Power of court to authorise entry for erecting or repairing buildings, etc
24 Power of court to grant relief if building is on wrong land or encroachment exists
24A Powers of court under Contracts (Privity) Act 1982 and Contractual Remedies Act 1979
24B Power to award interest on debt or damages
25 Power of court to make order to restore effect of lost instruments of alienation
26 Jurisdiction of court under Fencing Act 1978
Jurisdiction of court under Maori Fisheries Act 2004
26B Advisory jurisdiction of court
26C Jurisdiction of court to make determinations
26D Principles applying to exercise of jurisdiction in relation to Maori Fisheries Act 2004
26E Procedure of court in its advisory jurisdiction
26F Procedure of court in making determinations
26G Powers of court if application referred under section 26F(3)(b)
26I Judge appointed as mediator
26N Proceedings where additional members appointed
Jurisdiction of court under Maori Commercial Aquaculture Claims Settlement Act 2004
26P Advisory jurisdiction of court
26Q Jurisdiction of court to make determinations
26R Principles applying to exercise of jurisdiction in relation to Maori Commercial Aquaculture Claims Settlement Act 2004
26S Procedure of court in its advisory jurisdiction
26T Procedure of court in making determinations
26U Powers of court if application referred under section 26T(3)(b)
26W Judge appointed as mediator
26ZA Orders and interim orders
26ZB Proceedings where additional members appointed
27 Governor-General may confer special jurisdiction
28 Additional members for purposes of court’s special jurisdiction
29 Reference to court for inquiry
30 Maori Land Court’s jurisdiction to advise on or determine representation of Maori groups
30A Review of representatives [Repealed]
30B Powers of Judge in addressing requests for advice
30C Powers of Judge in addressing applications for determination
30I Review of advice or determination
30J Definition of persons affected
31 Additional members for purposes of inquiry
32 Additional members in relation to matter of tikanga Maori
33 Additional members in relation to matter of representation
34 Oath to be taken by additional member
37 Exercise of jurisdiction generally
38 Powers of court may be exercised by any Judge
40 Power of Judge to refer matter to Registrar
41 Orders to be pronounced in open court, and minute recorded
44 Chief Judge may correct mistakes and omissions
45 Applications for exercise of special powers
46 Powers of Chief Judge in respect of applications
47 Administrative and consequential matters
48 Matters already finalised or pending
Exercise of powers by Deputy Chief Judge
48A Deputy Chief Judge may exercise special powers of Chief Judge
Right of appeal against exercise of special powers
Part 2
The Maori Appellate Court
50 Maori Appellate Court to continue
52 Officers of Maori Land Court to be officers of Maori Appellate Court
54 Successive appeals in respect of same matter
55 Appeals to be by way of rehearing
57 Decision of majority to be decision of court
58 Appeals from Maori Land Court
58A Further appeal to Court of Appeal from Maori Appellate Court
58B Direct appeal to Supreme Court from Maori Appellate Court in exceptional circumstances
59 Appeals from provisional determinations
60 Maori Land Court may state case for Maori Appellate Court
61 High Court may state case for Maori Appellate Court
62 Additional members with knowledge and experience in tikanga Maori
63 Quorum and decision of court
Part 3
Provisions relating to both courts
66 Conduct of proceedings generally
67 Powers of Judge to call conference and give directions
68 Parties and witnesses may use Maori language
70 Representation of parties, etc
71 Court may amend proceedings
72 Case may be stated for High Court
General provisions as to orders
73 Orders may be made subject to conditions
74 Orders not invalid for want of form, etc
75 Orders nominally in favour of deceased persons
76 Persons bound by orders affecting land
77 Orders affecting Maori land conclusive after 10 years
78 Exemptions from stamp duty [Repealed]
81 Enforcement of orders for payment of money
83 Appointment of receiver to enforce charges, etc
84 Court may order repayment out of money held by trustee, etc
85 Enforcement by High Court of injunctions
Amendment of orders, warrants, and records
86 Amendment of orders, warrants, etc
87 Amendment of names of land owners in court records and titles
88 Amendment or cancellation of orders not to affect acquired rights
89 Failure to comply with summons, etc
90 Power to remove for contempt
91 Obstructing officers of court
92 Constitution of Rules Committee
93 Fees and travelling allowances
94 Principal function of Rules Committee
98 Maori Land Court Special Aid Fund
Part 4
Administration of estates
101 General law to apply subject to this Part
Grant of administration and settlement of claims
102 Jurisdiction of High Court continued
103 Jurisdiction of High Court where administration granted by Maori Land Court
104 Liability of Maori land for payment of debts of estate
105 Duty payable on succession to Maori land [Repealed]
106 Special provisions relating to testamentary promises and family protection
107 Special provisions relating to status of children, etc
109 Succession to Maori freehold land on intestacy
109A Succession to ota whakanoho on intestacy
110 Succession on intestacy to property other than Maori land
111 Interests in General land of deceased Maori
112 Transmission of Maori land to administrator
113 Maori Land Court to determine beneficial entitlements to Maori land
114 Succession to Maori land on intestacy where no person primarily entitled
115 Court may make provision for whangai
116 Court may make special provision relating to income
117 Vesting in persons beneficially entitled following grant of administration
118 Vesting in persons beneficially entitled where no grant of administration
118A Circumstances when certain assets and payments must be held in trust
118B Circumstances when certain transfers and payments must be held in trust
119 Court’s powers in relation to whanau and putea trusts
120 Special succession fee where death occurred before 1 April 1968
121 Special provisions relating to succession to shares in Maori incorporations
123 Orders affecting title to Maori freehold land to be registered
124 Special provisions where insufficient survey plan
125 Alterations in registration of title
125A Alteration to land appellation
126 No registration without prior confirmation
127 Registrar of court to record ownership
128 Court may issue declaratory consolidated order
129 All land to have particular status for purposes of Act
130 Certain status not to change except in limited circumstances
131 Court may determine status of land
132 Change from Maori customary land to Maori freehold land by vesting order
133 Change from General land or General land owned by Maori to Maori freehold land by status order
134 Change to Maori freehold land by vesting order on change of ownership
135 Change from Maori land to General land by status order
136 Power to change status of Maori land owned by not more than 10 persons
137 Power to change status of Maori land
138 Alternative or additional power of court
139 Registration of vesting orders where land formerly Maori customary land
140 Registration of other orders
141 Effect of vesting orders upon registration
142 Effect of status orders upon registration
143 Other land deemed Maori freehold land for succession purposes in certain circumstances
144 Maori customary land deemed Crown land for certain purposes
Part 7
Alienation of Maori land
145 Maori customary land inalienable
146 Alienation of Maori freehold land
147 Alienation of whole or part of block
147A Right of first refusal for sale or gift
148 Alienation of undivided interests
149 Alienation of equitable interests
150 Manner of alienation of interests in Maori freehold land
150B Alienation by Maori incorporation
150C Alienation by other owners
Part 8
Duties and powers of court in relation to alienations of Maori freehold land
151 Application for confirmation
152 Court to grant confirmation if satisfied of certain matters
153 Court’s general discretion [Repealed]
154 Grounds on which court may refuse confirmation [Repealed]
157 Execution of instrument of alienation to give effect to resolution
158 Special valuation required except in special cases
159 Proceeds of alienation to be paid to Māori Trustee, court appointed agent, or trustees
160 Certain instruments require only certificate of confirmation by Registrar
161 Certain instruments require only noting by Registrar [Repealed]
162 Failure to act on resolution
163 Jurisdiction of High Court to rectify instruments
164 Transfer of land or undivided interest by court vesting orders
165 Vesting of interest held in representative capacity
166 Other powers of court to make vesting orders preserved
167 Interests to remain subject to existing charges after vesting
168 Liability of vesting orders to conveyance duty [Repealed]
Part 9
Powers of assembled owners
170 Owners and assembled owners defined
171 Sale of timber, etc, to constitute alienation for purposes of this Part
172 Matters that may be dealt with by assembled owners
176 Court may confirm resolution passed at informal family gathering
177 Security for calling meeting to reconsider rejected proposal
Part 10
Representation of owners of Maori land
181 Notice to owners of Maori land may be given to Registrar in certain cases
182 Action of court on receipt of notice
183 Court may appoint agent of owners for purposes of notices, etc
184 Provisions applicable where meeting of owners to be summoned
185 Appointment of agents for purposes of alienation, etc
188 Service of notice on agents
189 Court may call for account
193 Application of provisions of Part 11
194 Leases not to contain option to purchase
195 Māori Trustee to exercise certain powers and duties if no other agent appointed
197 Appointment of valuers for purposes of lease
198 Enforcement of covenants of lease
199 Assignment or sublease of lease
201 Valuations for revision of rent
202 New rent payable pending objections
206 Application of sections 207 to 209
207 Compensation to be ascertained by valuation
208 Notice of valuation and right of objection
209 Record of improvements, etc
211 Maori Land Court to have exclusive jurisdiction
212 Putea trusts in respect of land interests
213 Interests of beneficiaries of putea trust
220A Registration of land in name of trust or tipuna
221 Power of court to amalgamate trusts
Appointment and powers of trustees
223 General functions of responsible trustees
224 Special provisions where advisory trustee appointed
225 Special provisions where custodian trustee appointed
226 General powers of trustees
227 Trustees may act by majority
228 Trustees’ powers of alienation [Repealed]
Miscellaneous provisions relating to trusts constituted under this Part
229 Court may authorise new ventures
232 Reports of trustees of kai tiaki trusts
233 Reports required where Māori Trustee trustee of kai tiaki trust
234 Kai tiaki trusts to be reviewed periodically
235 Trusts not subject to rule against perpetuities
Provisions relating to trusts generally
236 Application of sections 237 to 245
237 Jurisdiction of court generally
238 Enforcement of obligations of trust
239 Addition, reduction, and replacement of trustees
242 Orders for payment of money held in trust
243 Acquisition of land by trustees
245 Power of court to approve charitable trust
247 Owners may be incorporated
249 Court to fix total number of shares
251 Inclusion in incorporation of owners of additional Maori land
252 Incorporations may be amalgamated
253 Capacity and powers of incorporation
253A Power to impose limitations or restrictions on powers of incorporation
254 Incorporation’s powers of alienation [Repealed]
255 Certain instruments require noting by Registrar [Repealed]
256 Acquisition of land by incorporation
257 Allocation of land to shareholders
258 Power to declare charitable trust
260 Nature of shares in incorporation
261 Equitable interests not to be separately dealt with
262 Shareholders not personally liable
263 Incorporation to have share register
264 Method of transfer of shares
265 Special rules relating to share registration in certain cases
266 Procedure where court makes order relating to ownership of shares
268 Maori incorporations to have constitution
270 Manner in which powers are to be exercised
271 Effect of exercise of powers
272 Qualification, disqualification, and removal of members
273 Election of chairman of committee and appointment of secretary
274 Expenses and remuneration of members of committee
275 Conduct of meetings of shareholders
276 Accounts and statement of financial position
277 Appointment and duties of auditor
278 Appointment of share valuer
278A Adjustment of shareholding
279 Register of Maori incorporations
280 Investigation of incorporation’s affairs
281 Power of court to require officers to attend to explain non-compliance with statutory requirements
282 Winding up of incorporation
283 Disposal of land on winding up of incorporation
Part 14
Title reconstruction and improvement
291 Discretionary powers of court in making partitions
292 Allotment of interests on partition
293 Power to award additional land as compensation for improvements, etc
294 Saving of interests charged on partitioned land
295 Court may apportion rights and obligations
297 Partition orders may be made in respect of land held in trust
298 Partition of combined areas
299 Registration of partition orders
300 Plan approved by court prerequisite to partition of Maori land
301 Compliance with provisions of Resource Management Act 1991 relating to subdivisions
302 Contributions for reserve purposes
303 Subdivision consent and conditions of subdivision consent
304 Power to impose restrictions in respect of other partitions
305 Reserves contributions, roads, etc [Repealed]
306 Cancellation of partition orders
309 Orders to specify relative interests of owners
310 Court may make exchange orders
311 Land and interests that may be exchanged
312 Conditions precedent to making of exchange orders
314 Money payable by way of equality of exchange to be charge on land
315 Court may create easements
315A Court may cancel or vary easements
316 Court may lay out roadways
318 Effect of laying out roadway
319 Compensation in respect of roadway
320 Roadways may be declared roads or streets
321 Land that has been used but not set apart as a road may be declared a road or street
323 Powers of court on cancellation of roadway
324 Unused road or street over Maori land may be stopped by court
325 Court may make vesting orders for lands comprised in roads or streets stopped otherwise than under foregoing provisions
326 Alienation of land to include alienation of interest in roadway giving access to that land
326B Reasonable access may be granted in cases of landlocked Maori land
326C Conditions and other matters
326D Additional provisions relating to orders under sections 326B or 326C
327 Part 21 of Local Government Act 1974 modified in its application to Maori land [Repealed]
330 Power to amend or cancel occupation order
330A Review of occupation orders
333 Power of court to make charging orders on land in respect of costs of survey
334 Interest on survey charges
335 Power of Minister of Lands to remit survey charges
336 Contribution from owners in respect of surveys
338 Maori reservations for communal purposes
338A Regulations relating to trustees of Maori reservations
339 Court may consider proposal for Maori reservation on application of Minister
340 Maori reservation may be held for common use and benefit of people of New Zealand
341 Further provisions relating to Maori reservation for marae or meeting place
Part 18
Miscellaneous provisions
342 Protection of Maori land against execution for debt
343 Maori land available in bankruptcy
344 Co-owners of Maori land not bound by Limitation Act 2010 or other limitation enactments
345 Presumptions as to Maori freehold land held by 2 or more owners
346 Prevention of waste on Maori land
347 Orders in Council and Proclamations affecting title to be registered
Transitional and consequential provisions
348 Savings of effect of Land Titles Protection Act 1908
349 Declaratory Judgments Act 1908 not affected
350 Trustees of persons under disability
351 Periodic review of trusts constituted under section 438 of Maori Affairs Act 1953
352 Representation of owners of Maori land
353 Existing trusts of Maori land not affected
354 Existing trusts to continue as ahu whenua trusts
355 Provision for completion of sales and subdivisions
356 Part 9 not to apply to Maori reserves
357 Maori incorporations in existence at commencement of Act
358 Land acquired by Maori incorporation before commencement of Act
358A Transitional provisions in relation to objects of Maori incorporations
359 Provisions of certain enactments not affected by this Act
360 Application of Limitation Act 1950 to Maori customary land [Repealed]
361 Limitation of actions in relation to Maori customary land [Repealed]
Te Ture Whenua Maori Amendment Act 2006
Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008
An Act to reform the laws relating to Maori land in accordance with the principles set out in the Preamble
Nā te mea i riro nā te Tiriti o Waitangi i motuhake ai te noho a te iwi me te Karauna: ā, nā te mea e tika ana kia whakaūtia anō te wairua o te wā i riro atu ai te kāwanatanga kia riro mai ai te mau tonu o te rangatiratanga e takoto nei i roto i te Tiriti o Waitangi: ā, nā te mea e tika ana kia mārama ko te whenua he taonga tuku iho e tino whakaaro nuitia ana e te iwi Māori, ā, nā tērā he whakahau kia mau tonu taua whenua ki te iwi nōna, ki ō rātou whānau, hapū hoki, a, a ki te whakangungu i ngā wāhi tapu hei whakamāmā i te nohotanga, i te whakahaeretanga, i te whakamahitanga o taua whenua hei painga mō te hunga nōna, mō ō rātou whānau, hapū hoki: ā, nā te mea e tika ana kia tū tonu he Te Kooti, ā, kia whakatakototia he tikanga hei āwhina i te iwi Māori kia taea ai ēnei kaupapa te whakatinana.
Whereas the Treaty of Waitangi established the special relationship between the Maori people and the Crown: And whereas it is desirable that the spirit of the exchange of kawanatanga for the protection of rangatiratanga embodied in the Treaty of Waitangi be reaffirmed: And whereas it is desirable to recognise that land is a taonga tuku iho of special significance to Maori people and, for that reason, to promote the retention of that land in the hands of its owners, their whanau, and their hapu, and to protect wahi tapu: and to facilitate the occupation, development, and utilisation of that land for the benefit of its owners, their whanau, and their hapu: And whereas it is desirable to maintain a court and to establish mechanisms to assist the Maori people to achieve the implementation of these principles.
Preamble: amended, on 1 July 2002, by section 3(1)(a) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).
Preamble: amended, on 1 July 2002, by section 3(1)(b) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).
Preamble: amended, on 1 July 2002, by section 3(2) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).
