The Māori Land Court () is the specialist court of record in

New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...

that hears matters relating to Māori land. Established in 1865 as the Native Land Court, its purpose was to translate customary communal landholdings into individual

titles A title is one or more words used before or after a person's name, in certain contexts. It may signify their generation, official position, military rank, professional or academic qualification, or nobility. In some languages, titles may be ins ...

recognisable under

English law English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...

. This enabled

Pākehā ''Pākehā'' (or ''Pakeha''; ; ) is a Māori language, Māori-language word used in English, particularly in New Zealand. It generally means a non-Polynesians, Polynesian New Zealanders, New Zealander or more specifically a European New Zeala ...

to easily purchase Māori land. Since the late 20th century, the renamed court has focused on resolving disputes and protecting Māori land interests.

Māori Land Court history

The court was established in 1865 as the Native Land Court under the Native Lands Act. The court was established to facilitate the purchase of Māori land by the Crown by converting collectively-owned Māori customary land into Māori freehold land. The Act created the Native Land Court to identify ownership interests in Māori land and to create individual titles (in place of customary communal title) that were recognisable in English law. Under the Native Lands Act 1865 only ten owners could be listed on land titles issued by the court. As outlined by Williams, "government policy from 1858 onwards ... sought to introduce a rapid individualisation of ancestral Māori land in order to ensure the availability of most of that land for settlement by

Pākehā settlers European settlers in New Zealand, also known locally as Pākehā settlers, began arriving in the country in the early 19th century as settlers of various types, initially settling around the Bay of Islands mostly. Large-scale organised settle ...

". A continuation of the native land policies of 1862, the intention outlined in the Preamble of the 1865 Act was "to encourage the extinction of such ativeproprietary customs". One means of fulfilling this intention was to limit to ten the number of owners able to be issued a Certificate of Title. Francis Fenton was the chief judge from 1865 to 1882. The court caused major ructions within some

iwi Iwi () are the largest social units in New Zealand Māori society. In Māori, roughly means or , and is often translated as "tribe". The word is both singular and plural in the Māori language, and is typically pluralised as such in English. ...

as the court gave a democratic power to ordinary Māori that previously had been the domain of chiefs only. Judges often heard weeks of oral evidence to prove a claim to the land. Judges were totally independent from the government and their decisions were binding on the government. Judges often made their own rules as points of law arose but the general principle was equity. One of the most dramatic cases was the claim of

Ngāti Mutunga Ngāti Mutunga is a Māori iwi (tribe) of New Zealand, whose original tribal lands were in north Taranaki. They migrated, first to Wellington (with Ngāti Toa and other Taranaki hapū), and then to the Chatham Islands (along with Ngāti Tama) ...

for their previous land in North Taranaki in 1870. The entire iwi abandoned the

Chatham Islands The Chatham Islands ( ; Moriori language, Moriori: , 'Misty Sun'; ) are an archipelago in the Pacific Ocean about east of New Zealand's South Island, administered as part of New Zealand, and consisting of about 10 islands within an approxima ...

(which they had invaded in 1835) to come to the court hearing. The court encouraged Māori to sell land to private buyers. But the Crown remained the biggest purchaser. Most Māori-owned land was sold during the economic recession of the 1890s. 2.7 million acres was sold to the government and 400,000 acres to private individuals. The Native Lands (Validation of Title) Act 1892 was passed by the Liberal government to stop any type of fraudulent deals and to give security of title to purchasers. The Act guaranteed Māori a reasonable price for their land. The government on-sold most of its Māori land, often for a profit. The rationale behind the legislation was to unlock under-used land owned by Māori (and also pastoralists with vast landholdings) and sell it to "thrifty, hardworking industrious and independent hardworking individuals." The Liberals saw this as essential economic development. By 1939, almost 100 years after the

Treaty of Waitangi The Treaty of Waitangi (), sometimes referred to as ''Te Tiriti'', is a document of central importance to the history of New Zealand, Constitution of New Zealand, its constitution, and its national mythos. It has played a major role in the tr ...

was signed, Māori retained just one percent of the South Island and nine percent of the North Island. Land losses continued as the 20th century progressed, again supported by legislation. During the 1950s and 1960s there was a major review of Māori land legislation. It was recognised that the previous legislative framework had had a detrimental effect on Māori society and the new legislation attempted to improve the situation by giving the a stronger focus on protecting Māori land from alienation. In 1954 "Māori" was substituted for "Native" in the court's name. In the 1980s the judiciary played a major role in redefining and elevating the constitutional position of the Treaty of Waitangi. In 1993, the Te Ture Whenua Māori Act expanded the court's jurisdiction to allow it to hear cases on all matters related to Māori land. In 2012, the Māori Land Court minute books dating between 1862 and 1900, held at the

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National Office in Wellington, were included as an entry on the

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Memory of the World Aotearoa New Zealand Ngā Mahara o te Ao register.

Māori Land Court today

The court has no centralised courthouse but has a head office in Wellington and sits in various cities and towns in New Zealand as needed. The court maintains registries in

Whangārei Whangārei () is the northernmost city in New Zealand and the largest settlement of the Northland Region. It is part of the Whangarei District, created in 1989 from the former Whangarei City, Whangarei County and Hikurangi Town councils to admi ...

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Rotorua Rotorua () is a city in the Bay of Plenty region of New Zealand's North Island. It is sited on the southern shores of Lake Rotorua, from which it takes its name. It is the seat of the Rotorua Lakes District, a territorial authorities of New Zea ...

, Gisborne,

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, and

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. It also has information offices in

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and Tūrangi. The Māori Land Court districts are Taitokerau, Waikato-Maniapoto, Waiariki, Tairāwhiti, Tākitimu, Aotea and Te Waipounamu. Appeals from the Māori Land Court are heard by the Māori Appellate Court, which consists of a panel of three (or more) judges of the Māori Land Court. The Māori Land Court or the Māori Appellate Court may request an opinion on a matter of law from the

High Court of New Zealand The High Court of New Zealand () is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zeala ...

; such decisions are binding on the Māori Land Court. Appeals from the Māori Appellate Court, if permitted, lie with the

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, and from there to the

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Māori land status

Māori land is a unique status of land in New Zealand. The definition of Māori land is provided by section 129 of Te Ture Whenua Māori Act 1993. The Act recognises Māori land as taonga tuku iho, a treasure to be handed down. The Māori Land Court promotes the retention and use of Māori land; and facilitates the occupation, development and use of that land. In pre-European times, the system of Māori land ownership was based on rights to occupy and use ancestral land. These rights were not held by individuals, but collectively by all members of a

hapū In Māori language, Māori and New Zealand English, a ' ("subtribe", or "clan") functions as "the basic political unit within Māori society". A Māori person can belong to or have links to many hapū. Historically, each hapū had its own chief ...

. Following the signing of the

in 1840, two methods were used by the Crown to obtain Māori land: Crown acquisition and, after the passage of the New Zealand Settlements Act 1863, '' raupatu.'' Conflict relating to the sale of land to settlers led to the enactment of the Native Lands Act 1865. Māori Freehold Land came into being in one of three ways. Either it was set aside by the Crown from the Māori customary land purchased for the settlement of New Zealand; the ownership of Māori customary land has been investigated by the Māori Land Court and a freehold order has been issued; or the Māori Land Court has determined its status as Māori freehold land. Māori customary land is held in accordance with

tikanga Māori Tikanga is a Māori term for practices, customary law, attitudes and principles. Te Aka Māori Dictionary defines it as "customary system of values and practices that have developed over time and are deeply embedded in the social context". M ...

and has not been converted to Māori freehold land by the Māori Land Court. Very few customary land blocks remain. They total less than .

Current Māori Land Court judges

Māori Land Court judges are appointed by warrant issued by the

Governor-General of New Zealand The governor-general of New Zealand () is the representative of the monarch of New Zealand, currently King Charles III. As the King is concurrently the monarch of 14 other Commonwealth realms and lives in the United Kingdom, he, on the Advice ...

. the judges are (in order of seniority): * Chief Judge Caren Fox * Deputy Chief Judge Craig Coxhead * Judge Wilson Isaac * Judge Carrie Wainwright * Judge Stephanie Milroy * Judge Sarah Reeves * Judge Michael Doogan * Judge Miharo Armstrong * Judge Terena Wara * Judge Damian Stone * Judge Rachel Mullins * Judge Aidan Warren * Judge Te Kani Williams * Judge Alana Thomas

References

External links