Te Ture Whenua Maori Act 1993
Maori Land Act 1993

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This version includes corrections to section 68 under section 25(1)(j)(i) and (iv) of the Legislation Act 2012.

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Reprint as at 30 April 2016

Te Ture Whenua Maori Act 1993

Maori Land Act 1993

Public Act		1993 No 4
Date of assent		21 March 1993
Commencement		see section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by Te Puni Kōkiri.

	Title
	Preamble
1	Short Title and commencement
2	Interpretation of Act generally
3	Interpretation of Maori terms [Repealed]
4	Interpretation
5	Act to bind the Crown
	Part 1 The Maori Land Court
	Constitution of court
6	Maori Land Court to continue
7	Appointment of Judges
7A	Judges act on full-time basis but may be authorised to act part-time
8	Chief Judge and deputy
8A	Delegation to Deputy Chief Judge
9	Appointment of temporary Judges
10	Former Judges
11	Certificate by Chief Judge and 1 other Judge prerequisite
12	Tenure of office
12A	Judges to have immunities of High Court Judges
13	Salaries and allowances of Judges
14	Administration of court
15	Court districts
16	Seal of court
	Objectives, jurisdiction, and powers
17	General objectives
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
26A	Interpretation
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)
26H	Appointment of mediator
26I	Judge appointed as mediator
26J	Conduct of mediation
26K	Successful mediation
26L	Unsuccessful mediation
26M	Orders and interim orders
26N	Proceedings where additional members appointed
	Jurisdiction of court under Maori Commercial Aquaculture Claims Settlement Act 2004
26O	Interpretation
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)
26V	Appointment of mediator
26W	Judge appointed as mediator
26X	Conduct of mediation
26Y	Successful mediation
26Z	Unsuccessful mediation
26ZA	Orders and interim orders
26ZB	Proceedings where additional members appointed
	Other provisions about jurisdiction and powers
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	Intent of sections
30A	Review of representatives [Repealed]
30B	Powers of Judge in addressing requests for advice
30C	Powers of Judge in addressing applications for determination
30D	Appointment of mediator
30E	Conduct of mediation
30F	Successful mediation
30G	Unsuccessful mediation
30H	Orders
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
35	Fees and allowances
36	Quorum and decisions
37	Exercise of jurisdiction generally
38	Powers of court may be exercised by any Judge
39	Powers of Registrars
40	Power of Judge to refer matter to Registrar
	Orders and rehearings
41	Orders to be pronounced in open court, and minute recorded
42	Commencement of orders
43	Rehearings
	Special powers of Chief Judge
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
49	Appeals
	Part 2 The Maori Appellate Court
	Constitution of court
50	Maori Appellate Court to continue
51	Constitution of court
52	Officers of Maori Land Court to be officers of Maori Appellate Court
53	Seal
	Procedural provisions
54	Successive appeals in respect of same matter
55	Appeals to be by way of rehearing
56	Powers of court on appeal
57	Decision of majority to be decision of court
	Jurisdiction and orders
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
64	Commencement of orders
	Part 3 Provisions relating to both courts
65	Application
	Procedural provisions
66	Conduct of proceedings generally
67	Powers of Judge to call conference and give directions
68	Parties and witnesses may use Maori language
69	Evidence in proceedings
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]
79	Orders as to costs
80	Taxation of costs
81	Enforcement of orders for payment of money
82	Charging orders
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
	Contempt of court
89	Failure to comply with summons, etc
90	Power to remove for contempt
91	Obstructing officers of court
	Rules of court
92	Constitution of Rules Committee
93	Fees and travelling allowances
94	Principal function of Rules Committee
95	Rules of court
	Fees
96	Regulations
	Miscellaneous provisions
97	Practice notes
98	Maori Land Court Special Aid Fund
	Part 4 Administration of estates
99	Interpretation
100	Application of this Part
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
	Distribution of estates
108	Disposition by will
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
119A	Vesting of ota whakanoho
120	Special succession fee where death occurred before 1 April 1968
121	Special provisions relating to succession to shares in Maori incorporations
	Part 5 Recording of ownership
122	Application of Part
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
	Part 6 Status of land
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
150A	Alienation by trustees
150B	Alienation by Maori incorporation
150C	Alienation by other owners
150D	Life interests
	Part 8 Duties and powers of court in relation to alienations of Maori freehold land
	Confirmation
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]
155	Manner of confirmation
156	Effect of confirmation
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
	Vesting orders
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
169	Application of this Part
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
173	Calling of meetings
174	Notice of meetings
175	Confirmation required
176	Court may confirm resolution passed at informal family gathering
177	Security for calling meeting to reconsider rejected proposal
178	Court may review meeting
179	Regulations
	Part 10 Representation of owners of Maori land
180	Purpose of this Part
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
186	Order of appointment
187	Powers of agents
188	Service of notice on agents
189	Court may call for account
190	Costs of agents
191	Termination of agency
	Part 11 Leases
192	Interpretation
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
196	Execution of renewals
197	Appointment of valuers for purposes of lease
198	Enforcement of covenants of lease
199	Assignment or sublease of lease
200	Execution of instruments
201	Valuations for revision of rent
202	New rent payable pending objections
203	Apportionment of rent
204	Service of notices
205	Special savings provision
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
	Part 12 Trusts
210	Interpretation
	Constitution of trusts
211	Maori Land Court to have exclusive jurisdiction
212	Putea trusts in respect of land interests
213	Interests of beneficiaries of putea trust
214	Whanau trusts
215	Ahu whenua trusts
216	Whenua topu trusts
217	Kai tiaki trusts
218	Maori community purposes
219	Trust order
220	Vesting order
220A	Registration of land in name of trust or tipuna
221	Power of court to amalgamate trusts
	Appointment and powers of trustees
222	Appointment 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
227A	Interested trustees
228	Trustees’ powers of alienation [Repealed]
	Miscellaneous provisions relating to trusts constituted under this Part
229	Court may authorise new ventures
230	Keeping of accounts
231	Review of trusts
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
240	Removal of trustee
241	Termination of trust
242	Orders for payment of money held in trust
243	Acquisition of land by trustees
244	Variation of trust
245	Power of court to approve charitable trust
	Part 13 Maori incorporations
246	Interpretation
	Constitution and powers
247	Owners may be incorporated
248	Terms of order
249	Court to fix total number of shares
250	Effect of order
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
259	Application of revenues
	Shares and dividends
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
267	Unclaimed dividends
	Internal management
268	Maori incorporations to have constitution
269	Committee of management
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
274A	Interested members
275	Conduct of meetings of shareholders
276	Accounting records to be kept
276A	Financial statements must be prepared
276B	Financial statements must be filed
277	Appointment and duties of auditor
278	Appointment of share valuer
278A	Adjustment of shareholding
	Duties and powers of court
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
284	Regulations
	Part 14 Title reconstruction and improvement
285	Interpretation
286	Purpose of this Part
287	Jurisdiction of courts
288	Matters to be considered
	Partition
289	Partition orders
290	Modes of partition
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
296	Dwelling sites for Maori
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
	Amalgamation and aggregation
307	Amalgamation orders
308	Aggregation orders
309	Orders to specify relative interests of owners
	Exchange orders
310	Court may make exchange orders
311	Land and interests that may be exchanged
312	Conditions precedent to making of exchange orders
313	Effect of exchange order
314	Money payable by way of equality of exchange to be charge on land
	Easements and roadways
315	Court may create easements
315A	Court may cancel or vary easements
316	Court may lay out roadways
317	Required consents
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
322	Court may cancel roadways
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
	Landlocked Maori land
326A	Meaning of certain terms
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]
	Part 15 Occupation orders
328	Occupation orders
329	Matters to be considered
330	Power to amend or cancel occupation order
330A	Review of occupation orders
331	Regulations
	Part 16 Surveys of Maori land
332	Power to require surveys
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
337	Survey notices
	Part 17 Maori reservations
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]
362	Amendments and repeals
	Schedule 1 Enactments amended
	Schedule 2 Enactments repealed
	Te Ture Whenua Maori Amendment Act 2006 Maori Land Amendment Act 2006
	Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008
	Reprint notes

An Act to reform the laws relating to Maori land in accordance with the principles set out in the Preamble

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