Te Ture Whenua Māori Act 1993
- What does the Te Ture Whenua Māori Act 1993 require of me? read answer...
- What is the definition of alienation? read answer...
- Why can't I simply rely on Landonline to tell me if land is Māori-owned? read answer...
Compliance issues
- Why is Māori land dealing being singled out as an issue? read answer...
- Who is responsible for ensuring the accuracy of land title ownership information? read answer...
- What sort of information on a land title might suggest land is Māori owned? read answer...
- What is the correct process to follow when alienating Māori land? read answer...
- What are the penalties for incorrect Māori land dealing? read answer...
Landonline process
- What should I do if I suspect land I wish to complete a dealing on may be Māori-owned? read answer...
- When registering a change to Māori land, what do I need to provide to LINZ? read answer...
- What are the statutory compliance requirements applicable to different Māori land dealings? read answer...
- How do I know if land has been flagged on Landonline as potential Māori-owned land? read answer...
- At what stage during a Landonline e-dealing would I need to make a “Māori land compliance certification?” read answer...
- What do I need to do if land I'm attempting to register through Landonline is flagged as potential Māori land? read answer...
- How do I get a Landonline Māori land flag removed from a general land record? read answer...
- What criteria were used to flag land as Māori-owned on Landonline? read answer...
- Who should I talk to for more information? read answer...
- What do I need to do if I suspect land is Māori-owned but I can't find a record of that on Landonline? read answer...
Māori Land Court
- Which types of land dealings require the involvement of the Māori Land Court? read answer...
- How do I find out if a determination is in progress on a particular title? read answer...
- Who's the best person for me to contact at the Māori Land Court? read answer...
- Where can I find information about Māori land dealing? read answer...
- Can Māori Land Online give me a definitive answer about a piece of land's ownership status? read answer...
- How does the Māori Land Court land ownership determination process work? read answer...
- Where can I find a definition of terms used by the Māori Land Court? read answer...
Process improvement
- What are LINZ and the Māori Land Court doing to make land records more definitive? read answer...
- What's being done to clarify the Māori land registration process? read answer...
New Zealand Law Society
- Are there legal specialists I can consult on this issue? read answer...
- What is the New Zealand Law Society doing about this? read answer...
Te Ture Whenua Māori Act 1993
What does the Te Ture Whenua Māori Act 1993 require of me?
Before commencing an e-dealing, you need to be confident about whether or not the ownership status of the land is Māori freehold. If your investigation of a land title finds any suggestion it relates to Māori freehold land, the Te Ture Whenua Māori Act 1993 may apply.
The Te Ture Whenua Māori Act 1993 provides the rules around land dealings that change the ownership status of Māori land. In general, where Māori land is to be alienated, an application for confirmation must first be made to the Māori Land Court. Specific requirements vary according to the type of land dealing.
The Māori Land Court also has jurisdiction to determine by status order the particular status of any parcel of land.
The Te Ture Whenua Māori Act 1993 is available online.
What is the definition of alienation?
Subject to section 4(c)(i)-(vii) of Te Ture Whenua Māori Act, every form of disposition of Māori land, whether divided or undivided. In general, the passing of title from one party to another.
See also information on other technical terms as they apply to Māori land.
Why can't I simply rely on Landonline to tell me if land is Māori-owned?
Landonline's automated e-dealing service is provided on the understanding that conveyancers correctly represent the ownership status of land before undertaking the dealing. Conveyancers are expected to identify whether or not land is Māori-owned before undertaking an e-dealing.
Occasionally there are ambiguities around land ownership. In such situations the matter comes under the jurisdiction of the Māori Land Court, which is where inquiries should be made.
Compliance issues
Why is Māori land dealing being singled out as an issue?
Landonline's automated e-dealing service is provided on the understanding that conveyancers correctly represent the ownership status of land before undertaking a land dealing.
However, there is evidence some conveyancers undertaking land dealings have not complied with the Te Ture Whenua Māori Act 1993. A LINZ review carried out in 2008 found some conveyancers were not properly investigating the ownership status of land before undertaking e-dealings involving Māori freehold land.
Who is responsible for ensuring the accuracy of land title ownership information?
Conveyancers are responsible for correctly ascertaining the ownership status of land before undertaking dealings on that land.
LINZ is responsible for maintaining and operating the regulatory framework and systems for rights and transactions involving land, and for land information management.
What sort of information on a land title might suggest land is Māori owned?
Indications of Māori land ownership may include a Māori Land Court status order, historical Māori Land Court vesting orders, Māori block name or possibly a succession of owners with Māori names.
What is the correct process to follow when alienating Māori land?
The Te Ture Whenua Māori Act 1993 gives the Māori Land Court jurisdiction over the Māori land alienation process.
In general, where Māori land is to be alienated, an application for confirmation must first be made to the Māori Land Court. Specific requirements vary according to the type of land dealing.
Where confirmation is required, you will need to lodge an image of the Māori Land Court confirmation notice when undertaking your e-dealing on Landonline. Where confirmation is not required, you will be asked to provide evidence of this instruction.
What are the penalties for incorrect Māori land dealing?
Any instance of non-compliance is taken very seriously, with cases referred to the New Zealand Law Society complaints service.
Landonline process
What should I do if I suspect land I wish to complete a dealing on may be Māori-owned?
You will need to investigate further the ownership status of the land.
For example, if while checking a title you find evidence of Māori freehold ownership, you will need to check the status of the land within the land register or Māori Land Online. If the above investigation isn't conclusive, make inquiries at the Māori Land Court.
If Māori Land Court records can't provide a definitive answer, it may be necessary to seek a determination before e-dealing can be initiated.
When registering a change to Māori land, what do I need to provide to LINZ?
Specific requirements are set out in the Te Ture Whenua Māori Act 1993 and vary according to the type of land dealing being undertaken.
Where Māori Land Court confirmation is required, you will need to lodge an image of the confirmation notice during your e-dealing transaction on Landonline. Where confirmation is not required, you will be asked to provide evidence of this instruction.
What are the statutory compliance requirements applicable to different Māori land dealings?
Requirements around instruments considered alienations under the Te Ture Whenua Māori Act 1993 are provided on pages 3929-3930 of the New Zealand Gazette; Issue 144 - PDF 1.6MB
How do I know if land has been flagged on Landonline as potential Māori-owned land?
If a title on Landonline is flagged you will discover this during the Certify and Sign stage of your e-dealing. However, if you suspect a dealing involves Māori land, you should make your own efforts to investigate this rather than relying on the flagging system. Due to the complexities involved, not all Māori land is necessarily flagged as such on Landonline.
At what stage during a Landonline e-dealing would I need to make a "Māori land compliance certification"?
During the Certify and Sign stage of your e-dealing.
What do I need to do if land I'm attempting to register through Landonline is flagged as potential Māori land?
If you are certain the land is general land, proceed with your e-dealing by making a certification that you are complying with the Te Ture Whenua Māori Act 1993. Contact LINZ Customer Support with evidence the land is general land and ask for the flag to be removed. In some cases, information on a historical title will be sufficient evidence, or you may decide to forward to LINZ correspondence you have had with the Māori Land Court.
If after carefully reviewing the land title, you have doubts about the land ownership status or believe the land is Māori freehold, contact the Māori Land Court to clarify the land ownership status. In general, where Māori land is to be alienated, an application for confirmation must first be made to the Māori Land Court. To complete an e-dealing, provide evidence of confirmation to LINZ during the certification stage.
How do I get a Landonline Māori land flag removed from a general land record?
If you are certain the land is general land, proceed with your e-dealing by making a certification that you are complying with the Te Ture Whenua Māori Act 1993. Send evidence the land is general land to LINZ Customer Support and ask for the flag to be removed. In some cases, information on a historical title will be sufficient evidence. In other cases you may decide to attach correspondence with the Māori Land Court.
What criteria were used to flag land as Māori-owned on Landonline?
The flagging was done based on data supplied by the Māori Land Court and recognised indicators of possible Māori land status, such as Māori Block land description.
Who should I talk to for more information?
The Māori Land Court has jurisdiction in this area and its region managers should be able to assist you. Considerable information about Māori land and related records is also available on the websites of organisations such as LINZ and Te Puni Kokiri.
What do I need to do if I suspect land is Māori-owned but I can't find a record of that on Landonline?
First check Māori Land Online and if that database doesn't contain the information you need, contact the relevant region manager of the Māori Land Court.
Māori Land Court
Which types of land dealings require the involvement of the Māori Land Court?
See: Landonline process/What are the statutory compliance requirements applicable to different Māori land dealings?.
How do I find out if a determination is in progress on a particular title?
Contact the relevant region manager of the Māori Land Court.
Who's the best person for me to contact at the Māori Land Court?
Region managers. Contact details are:
MLC Taitokerau (Whangarei):
Pauline Hopa DDI: 09 983 9943
CP : 027 511 3141
MLC Waiariki (Rotorua):
Graeme Vercoe DDI: 07 921 7402
CP : 027 2221 410
MLC Waikato Maniapoto:
Erana Brewerton DDI: 07 957 7885
CP : 027 4535 419
MLC Tairawhiti (Gisborne):
Walton Sadlier DDI: 06 869 0373
CP : 027 2101037
MLC Takitimu (Hastings):
Joy Scott DDI : 09 974 7650
CP : 027 4588 476
MLC Aotea (Whanganui):
Blair Anderson DDI: 06 349 0775
CP : 0272459088
MLC Te Waipounamu (Christchurch):
Carol Smith DDI: 03 962 4910
CP : 027 288 3846
MLC Special Applications:
Kura Barrett DDI: 04 971 3082
CP : 027 511 3140
Where can I find information about Māori land dealing?
Information is available on the LINZ and Māori Land Court websites.
Can Māori Land Online give me a definitive answer about a piece of land's ownership status?
In most cases you should be able to find Māori land on the system. However, not all Māori land is currently registered. If the above investigation isn't conclusive, make inquiries with the Māori Land Court.
If Māori Land Court records can't provide a definitive answer, it may be necessary to seek a formal determination from the Māori Land Court.
How does the Māori Land Court land ownership determination process work?
The process is described by the Te Ture Whenua Māori Act 1993.
Where can I find a definition of terms used by the Māori Land Court?
A glossary of terms is available on the Māori Land Court.
Process improvement
What are LINZ and the Māori Land Court doing to make land records more definitive?
LINZ and the Māori Land Court are currently working together on a five-year project to register all existing Māori freehold land titles and orders under the Land Transfer Act 1952. The project should be completed in December 2009. The Māori Land Court is also working through a large backlog of order registrations (originally 80,000), some of which are to confirm the status of land.
What's being done to clarify the Māori land registration process?
Information about land dealings involving Māori freehold land is available on the LINZ and Landonline websites. Education materials and courses are available from the Māori Land Court and New Zealand Law Society.
New Zealand Law Society
Are there legal specialists I can consult on this issue?
The New Zealand Law Society can direct you to specialist advice on Māori land dealing.
What is the New Zealand Law Society doing about this?
The New Zealand Law Society includes Māori land issues in its executive training courses and occasional seminars. The Law Society also considers Māori land dealing issues within its general complaints service.