New Zealand Legislation: Acts
Acts are laws made by Parliament
In this Act, unless the context otherwise requires,—
ahi ka means fires of occupation
alienation, in relation to Maori land,—
(a) includes, subject to paragraph (c),—
(i) every form of disposition of Maori land or of any legal or equitable interest in Maori land, whether divided or undivided; and
(ii) the making or grant of any lease, licence, easement, profit, mortgage, charge, encumbrance, or trust over or in respect of Maori land; and
(iii) any contract or arrangement to dispose of Maori land or of any interest in Maori land; and
(iv) the transfer or variation of a lease or licence, and the variation of the terms of any other disposition of Maori land or of any interest in Maori land; and
(v) a deed of family arrangement relating to succession to Maori land or any interest in Maori land on the death of an owner; and
(vi) an agreement to the taking under the Public Works Act 1981 of Maori land or any interest in Maori land; and
(vii) the granting, renewal, variation, transfer, assignment, or mortgage of a forestry right over Maori land; and
(b) includes, subject to paragraph (c), any disposition of Maori land or of any interest in Maori land which is effected by the Māori trustee or any other trustee; but
(c) does not include—
(i) a disposition by will of Maori land or of any interest in Maori land; or
(ii) a disposition of a kind described in paragraph (a) that is effected by order of the court; or
(iii) a surrender of a lease or licence over or in respect of Maori land or any interest in Maori land; or
(iv) the granting, for a term of not more than 3 years (including any term or terms of renewal), of a lease or licence over or in respect of Maori land or any interest in Maori land; or
(v) a contract or arrangement for the granting of a lease or licence of a kind described in subparagraph (iv); or
(vi) the transfer or variation of a lease or licence of a kind described in subparagraph (iv) (other than a variation extending the term of such a lease or licence); or
(vii) a disposition by way of sale by a mortgagee pursuant to a power expressed or implied in any instrument of mortgage
beneficial estate or beneficial interest does not include an estate or interest vested in any person by way of trust, mortgage, or charge
block, in relation to any Maori freehold land, means the whole parcel of land comprised and described in an instrument of title
chief executive means the chief executive of the Ministry
Chief Judge means the Chief Judge of the Maori Land Court
Chief Surveyor has the meaning given to that term by section 2 of the Survey Act 1986
common marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011
court means, as the case may require, the Maori Land Court or the Maori Appellate Court or both
Crown land means land that, in terms of Part 6, has the status of Crown land
District Land Registrar means the District Land Registrar of the land registration district under the Land Transfer Act 1952 within which any land to be dealt with or affected is situated
forestry right has the same meaning as in section 2 of the Forestry Rights Registration Act 1983
General land means land that, in terms of Part 6, has the status of General land
General land owned by Maori means General land that is owned for a beneficial estate in fee simple by a Maori or by a group of persons of whom a majority are Maori
Judge means a Judge of the Maori Land Court; and includes the Chief Judge and the Deputy Chief Judge
kaitiaki means guardian
land—
(a) means—
(i) Māori land, General land, and Crown land that is on the landward side of mean high water springs; and
(ii) Māori freehold land that is on the seaward side of mean high water springs; but
(b) does not include the common marine and coastal area
lease includes a tenancy at will, and any other tenancy that confers a leasehold interest upon the tenant, whether at law or in equity; and the terms sublease, lessee, and sublessee have corresponding meanings
long-term lease means a lease—
(a) for a term of more than 52 years; or
(b) for a term that would be more than 52 years if 1 or more rights of renewal were exercised
Maori means a person of the Maori race of New Zealand; and includes a descendant of any such person
Maori customary land means land that, in terms of Part 6, has the status of Maori customary land
Maori freehold land means land that, in terms of Part 6, has the status of Maori freehold land
Maori incorporation or incorporation means a body corporate that is established under Part 13 of this Act, or that was established under or continued in existence by the provisions of Part 4 of the Maori Affairs Amendment Act 1967 and is still in existence
Maori land means Maori customary land and Maori freehold land
Maori reserve means any lands that are for the time being vested in the Māori Trustee as or for the purposes of a Maori reserve; and, in particular, includes all lands that are for the time being subject to the provisions of the Maori Reserved Land Act 1955
Māori Trustee means the Māori Trustee appointed under the Maori Trustee Act 1953
Minister means the Minister of Maori Affairs
Ministry means Te Puni Kōkiri
occupation order means an order made under section 328
order, in relation to the court,—
(a) means—
(i) an order, judgment, decision, or determination of the Maori Land Court or the Maori Appellate Court; and
(ii) an order made by a Registrar in the exercise of a jurisdiction or power pursuant to section 39(1); and
(iii) an order made by the Chief Judge under section 44; and
(iv) an order or decision made by a Judge, the Chief Judge, or the court under sections 26B to 26ZB; and
(b) includes a refusal to make an order, judgment, decision, or determination of a kind referred to in paragraph (a)(i) or paragraph (a)(ii) or paragraph (a)(iii)
person under disability means a person under disability within the meaning of Part 12
preferred classes of alienees, in relation to any alienation (other than an alienation of shares in a Maori incorporation), comprise the following:
(a) children and remoter issue of the alienating owner:
(b) whanaunga of the alienating owner who are associated in accordance with tikanga Maori with the land:
(c) other beneficial owners of the land who are members of the hapu associated with the land:
(d) trustees of persons referred to in any of paragraphs (a) to (c):
(e) descendants of any former owner who is or was a member of the hapu associated with the land
preferred classes of alienees, in relation to any alienation of shares in a Maori incorporation, comprise the following:
(a) children and remoter issue of the alienating owner:
(b) whanaunga of the alienating owner who are associated in accordance with tikanga Maori with the land vested in the incorporation:
(c) other beneficial owners of the land who are members of the hapu associated with the land vested in the incorporation:
(d) trustees of persons referred to in any of paragraphs (a) to (c):
(e) descendants of any former owner who is or was a member of the hapu associated with the land vested in the incorporation:
(f) the Maori incorporation, in any case where no person, who is, by virtue of paragraphs (a) to (e), a member of a preferred class of alienees in relation to the alienation, accepts the owner’s offer of an alienation of the shares to that member
prescribed means prescribed by this Act or by regulations made for the purposes of this Act or by the rules of court
Registrar means a Registrar of the Maori Land Court; and includes the Chief Registrar and a Deputy Registrar
road has the same meaning as in section 315 of the Local Government Act 1974
State Loan Department means—
(a) Public Trust:
(b) Housing New Zealand Corporation:
(c) the Māori Trustee
subdivision consent has the same meaning as in section 2(1) of the Resource Management Act 1991 and includes a certificate of compliance as defined in that Act
Surveyor-General has the meaning given to that term by section 2 of the Survey Act 1986
territorial authority means a territorial authority within the meaning of the Local Government Act 2002
tikanga Maori means Maori customary values and practices
tipuna means ancestor
wahi tapu means land set apart under section 338(1)(b)
whanaunga means a person related by blood
whangai means a person adopted in accordance with tikanga Maori
will includes any testamentary instrument.
Compare: 1953 No 94 ss 2(1), 432(15); 1967 No 124 ss 25, 132, 133(1); 1974 No 3 s 50; 1974 No 19 s 50(1); 1974 No 73 ss 2, 5; 1978 No 43 s 3(4); 1991 No 69 s 362
Section 4 heading: amended, on 1 July 2002, by section 5(4) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).
Section 4 ahi ka: inserted, on 1 July 2002, by section 5(1) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).
Section 4 alienation paragraph (a)(vii): added, on 1 July 2002, by section 5(2) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).
Section 4 alienation paragraph (b): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).
Section 4 alienation paragraph (c)(iv): amended, on 11 April 2001, by section 3(1) of Te Ture Whenua Maori Amendment Act 2001 (2001 No 11).
Section 4 common marine and coastal area: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
Section 4 forestry right: inserted, on 1 July 2002, by section 5(1) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).
Section 4 General land owned by Maori: amended, on 1 July 2002, by section 5(3) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).
Section 4 kaitiaki: inserted, on 1 July 2002, by section 5(1) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).
Section 4 land: substituted, on 25 November 2004, by section 103(1) of the Foreshore and Seabed Act 2004 (2004 No 93).
Section 4 land paragraph (b): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
Section 4 long-term lease: inserted, on 1 July 2002, by section 5(1) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).
Section 4 Maori reserve: amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).
Section 4 Māori Trustee: substituted, on 1 July 2009, by section 30(1) of the Māori Trustee Amendment Act 2009 (2009 No 12).
Section 4 order: substituted, on 11 April 2001, by section 3(2) of Te Ture Whenua Maori Amendment Act 2001 (2001 No 11).
Section 4 order paragraph (a)(iv): added, on 26 September 2004, by section 5(1) of Te Ture Whenua Maori Amendment Act (No 2) 2004 (2004 No 79).
Section 4 order paragraph (a)(iv): amended, on 1 January 2005, by section 5(1) of Te Ture Whenua Maori Amendment Act (No 3) 2004 (2004 No 108).
Section 4 Registrar: amended, on 25 November 2004, by section 103(1) of the Foreshore and Seabed Act 2004 (2004 No 93).
Section 4 State Loan Department paragraph (a): substituted, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 4 State Loan Department paragraph (b): amended, on 1 July 2001, by section 24(1) of the Housing Corporation Amendment Act 2001 (2001 No 37).
Section 4 State Loan Department paragraph (c): amended, on 1 July 2009, pursuant to section 30(2)(b) of the Māori Trustee Amendment Act 2009 (2009 No 12).
Section 4 territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 4 tikanga Maori: inserted, on 1 July 2002, by section 5(1) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).
Section 4 tipuna: inserted, on 1 July 2002, by section 5(1) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).
Section 4 wahi tapu: inserted, on 1 July 2002, by section 5(1) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).
Section 4 whanaunga: inserted, on 1 July 2002, by section 5(1) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).
Section 4 whangai: inserted, on 1 July 2002, by section 5(1) of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).
