Community » Your Community » Iwi » Legal Framework For Obligations To Māori And Under Te Tiriti O Waitangi/Treaty Of Waitangi » Te Ture Whenua Māori Act 1992
OBLIGATION TO MĀORI
Change to Māori freeholdland by vesting order on change of ownership
(1) This section applies to—
(a) any land (other than Māori freehold land) that the beneficial owner wishes to have vested in or held in trust for any Māori or any group or class of Māori, or any Māori incorporation; and
(b) any land (other than Māori freehold land) acquired for or on behalf of any Māori or any group or class of Māori or any Māori incorporation; and
(c) any Māori land or General land owned by Māori that has at any time been acquired by the Crown or by any local authority or public body for a public work or other public purpose and is no longer required for that public work or other public purpose; and
(d) any Crown land reserved for Māori; or
(e) any Crown land (other than Crown land reserved for Māori).
(2) The Māori Land Court shall have jurisdiction in accordance with the succeeding provisions of this section to make a vesting order in respect of any land to which this section applies and to declare in that order that the land shall become Māori freehold land.
(3) An application to the court for the exercise of its jurisdiction under this section shall be made,—
(a) in any case to which subsection (1)(a) applies, by or on behalf of the beneficial owner of the land; or
(b) in any case to which subsection (1)(b) applies, by or on behalf of the person who has acquired the land; or
(c) in any case to which subsection (1)(c) applies, by or on behalf of—
(i) the Minister of the Crown under whose control the land is held or administered; or
(ii) the chief executive of the department within the meaning of section 2 of the Survey Act 1986; or
(iii) the local authority or public body by which the land was acquired; or
(d) in any case to which subsection (1)(d) applies, the Minister of Māori Affairs; or
(e) in any case to which subsection (1)(e) applies, any Minister of the Crown.
(4) Notwithstanding anything in subsections (1) to (3), any Minister of the Crown having responsibility in regard to the matter may apply to the court for the exercise of its jurisdiction, and on such an application the court may exercise its jurisdiction, under this section in respect of any Crown land that has not been formally set aside for the benefit of Māori.
(5) An application may be made to the court, and the court may exercise its jurisdiction, under this section notwithstanding the provisions of any Act to which the land is subject, and notwithstanding any terms and conditions imposed by the Act on the sale or other disposition of the land.
(6) In any application under this section, the applicant may specify—
(a) the person or persons in whom it is proposed the land shall be vested; and
(b) the price to be paid for the land, and the terms and conditions of payment; and
(c) any other conditions to which it is proposed the order shall be subject.
(7) On an application under this section, the court may make an order vesting the land in—
(a) such person or persons as the court may find to be entitled to the land or otherwise in accordance with the terms of the application, in such shares as may be specified in the order; or
(b) a Māori incorporation or a Māori Trust Board or trustees for or on behalf of such person or persons, and on such terms of trust, as the court may specify in the order.
Māori reservation may be held for common use and benefit of people of New Zealand
(1) The notice constituting a Māori reservation (that is not a wāhi tapu) under section 338 may, upon the express recommendation of the court, specify that the reservation (that is not a wāhi tapu) shall be held for the common use and benefit of the people of New Zealand, and the reservation (that is not a wāhi tapu) shall accordingly be held in that fashion.
(2) Before issuing a recommendation that a Māori reservation (that is not a wāhi tapu) be held for the common use and benefit of the people of New Zealand, the court shall be satisfied that this course is in accordance with the views of the owners, and that the local authority consents to it.