Te Ture Whenua Maori Act 1993
Maori Land Act 1993

106 Special provisions relating to testamentary promises and family protection
  • (1) Notwithstanding anything in the Law Reform (Testamentary Promises) Act 1949 but subject to subsection (3), no order may be made under that Act in respect of any estate to which this Part applies having the effect of alienating any beneficial interest in Maori freehold land belonging to the estate to any person to whom that interest could not have been left by the deceased owner by will.

    (2) Notwithstanding anything in the Family Protection Act 1955 but subject to subsection (3), no order may be made under that Act in respect of any estate to which this Part applies having the effect of alienating any beneficial interest in Maori freehold land belonging to the estate to any person other than a child or grandchild of the deceased owner.

    (3) Nothing in subsection (1) or subsection (2) shall limit the power of the High Court to make an order conferring the right to reside in any dwelling or affecting any income derived from any beneficial interest in Maori freehold land.

    (4) For the purposes of the Family Protection Act 1955, a Maori who, before 1 April 1952, was married to another Maori in accordance with tikanga Maori, and whose marriage to the deceased was subsisting at the time of the death of the deceased, shall be deemed to have been the widower or widow of the deceased unless at the time of the death of the deceased either party was legally married to some other person.

    Compare: 1953 No 94 s 118(4), (5); 1962 No 45 s 8(1); 1964 No 46 s 7; 1967 No 124 s 80(2), (3)

    Section 106(1): amended, on 16 September 2011, by section 7 of the Te Ture Whenua Maori Amendment Act 2011 (2011 No 76).

    Section 106(2): amended, on 16 September 2011, by section 7 of the Te Ture Whenua Maori Amendment Act 2011 (2011 No 76).