Te Ture Whenua Maori Act 1993
Maori Land Act 1993

104 Liability of Maori land for payment of debts of estate

(1)

No Maori freehold land, and no beneficial interest in any Maori freehold land or in a Maori reserve or in any Maori customary land, owned by any person who died before 1 April 1968 shall be available for the payment of any of that person’s debts or liabilities.

(2)

Except as provided in subsection (3), no Maori freehold land, and no beneficial interest in any Maori freehold land or in a Maori reserve or in any Maori customary land, owned by any person who has died or dies on or after 1 April 1968 shall be available for the payment of any of that person’s debts or liabilities.

(3)

Where the owner of any Maori freehold land or any beneficial interest in Maori freehold land has died or dies on or after 1 April 1968, all revenue derived from that land or interest in land shall be available for the payment of that person’s debts and liabilities.

(4)

Subject to subsection (5), nothing in subsection (3) shall prevent—

(a)

the vesting of any such interest in Maori freehold land in the persons beneficially entitled to the interest; or

(b)

the making of an assignment vesting in the administrator of the estate of the deceased owner the right to receive revenue from the deceased owner’s Maori freehold land or the deceased owner’s beneficial interest in Maori freehold land.

(5)

Where any person is beneficially entitled to a deceased owner’s beneficial interest in Maori freehold land, the vesting of that beneficial interest in that person shall not entitle that person to receive, in priority to any creditor of the deceased person, revenue from that beneficial interest.

(6)

When any person has died before 1 April 1968 possessed of a freehold interest in Maori land that is subject to a contract of sale or to any lease or other alienation, the freehold interest of the deceased shall, for the purposes of this section, be deemed to include the deceased’s interest in all purchase money, rent, and other money payable in respect of that alienation and not actually paid before the deceased’s death, whether such money became due and payable before or after that death.

(7)

Nothing in subsection (1) or subsection (2) shall limit or affect—

(a)

any mortgage or charge to which any such land is subject at the death of the owner; or

(b)

any liability for the payment of rates or taxes; or

(c)

any provision in any will by which any Maori freehold land or any beneficial interest in it is expressly devised in trust for, or charged with, the payment of debts or liabilities, so long as that provision does not authorise or require the sale of that land or interest in land to meet payment of any debts or liabilities; or

(d)

any valid assignment or charge of any money arising out of the alienation of Maori freehold land or any beneficial interest in Maori freehold land, or the revenue derived from that money, made in favour of a State Loan Department or of the Crown.

(8)

For the purposes of this section, an interest in Maori land shall be deemed to include an interest in personal property to which any person is entitled by virtue of an interest in any land that is subject to Part 2 of the Maori Affairs Restructuring Act 1989.

Compare: 1953 No 94 s 132; 1962 No 45 s 34(2); 1963 No 123 s 8(2); 1967 No 124 ss 73(3), 77, 88(12)

Section 104(3): amended, on 1 July 2002, by section 14 of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).