Te Ture Whenua Maori Act 1993
Maori Land Act 1993

4 Interpretation

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

applicable auditing and assurance standard has the same meaning as in section 5 of the Financial Reporting Act 2013

applicable financial reporting standard has the same meaning as in section 5 of the Financial Reporting Act 2013

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 Justice has the meaning given by section 4(1) of the Senior Courts Act 2016

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

financial statements,—

(a)

in relation to a large Maori incorporation, has the same meaning as in section 6 of the Financial Reporting Act 2013; and

(b)

in the case of any other Maori incorporation, means financial statements that at least comply with the minimum requirements prescribed for companies under section 21C of the Tax Administration Act 1994 (regardless of whether the incorporation is exempt from those requirements)

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

generally accepted accounting practice has the same meaning as in section 8 of the Financial Reporting Act 2013

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

large, in relation to a Maori incorporation, has the meaning set out in section 276A(5)

lawyer has the meaning given by section 6 of the Lawyers and Conveyancers Act 2006

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 applicable auditing and assurance standard: inserted, on 1 April 2014, by section 119 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 4 applicable financial reporting standard: inserted, on 1 April 2014, by section 119 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 4 Chief Justice: inserted, on 1 March 2017, by section 4 of the Te Ture Whenua Maori Amendment Act 2016 (2016 No 69).

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 financial statements: replaced, on 12 May 2017, by section 19(1) of the Māori Purposes Act 2017 (2017 No 18).

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 generally accepted accounting practice: inserted, on 1 April 2014, by section 119 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

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 large: inserted, on 12 May 2017, by section 19(4) of the Māori Purposes Act 2017 (2017 No 18).

Section 4 lawyer: inserted, on 1 March 2017, by section 4 of the Te Ture Whenua Maori Amendment Act 2016 (2016 No 69).

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 non-GAAP standard: repealed, on 12 May 2017, by section 19(2) of the Māori Purposes Act 2017 (2017 No 18).

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 specified not-for-profit entity: repealed, on 12 May 2017, by section 19(3) of the Māori Purposes Act 2017 (2017 No 18).

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).