It is the intention of Parliament that the provisions of this Act shall be interpreted in a manner that best furthers the principles set out in the Preamble to this Act.
(2)
Without limiting the generality of subsection (1) of this section, it is the intention of Parliament that powers, duties, and discretions conferred by this Act shall be exercised, as far as possible, in a manner that facilitates and promotes the retention, use, development, and control of Maori land as taonga tuku iho by Maori owners, their whanau, their hapu, and their descendants, and that protects wahi tapu.
(3)
In the event of any conflict in meaning between the Maori and the English versions of the Preamble, the Maori version shall prevail.
Subsection (2) was amended, as from 1 July 2002, by section 4 Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16) by inserting the words “, and that protects wahi tapu”.
3-
Interpretation of Maori terms
[Repealed]
Section 3 was repealed, as from 1 July 2002, by section 58(a) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16).
4-
Interpretation
In this Act, unless the context otherwise requires,—
Ahi ka means fires of occupation
Ahi ka: this definition was inserted, as from 1 July 2002, by section 5(1) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16).
Alienation, in relation to Maori land,—
(a)
Includes, subject to paragraph (c) of this definition,—
(i)
Every form of disposition of Maori land or of any legal or equitable interest in Maori land, whether divided or undivided; and
(ii)
The making or grant of any lease, licence, easement, profit, mortgage, charge, encumbrance, or trust over or in respect of Maori land; and
(iii)
Any contract or arrangement to dispose of Maori land or of any interest in Maori land; and
(iv)
The transfer or variation of a lease or licence, and the variation of the terms of any other disposition of Maori land or of any interest in Maori land; and
(v)
A deed of family arrangement relating to succession to Maori land or any interest in Maori land on the death of an owner; and
(vi)
An agreement to the taking under the Public Works Act 1981 of Maori land or any interest in Maori land; and
(vii)
the granting, renewal, variation, transfer, assignment, or mortgage of a forestry right over Maori land; and
(b)
Includes, subject to paragraph (c) of this definition, any disposition of Maori land or of any interest in Maori land which is effected by the Maori trustee or any other trustee; but
(c)
Does not include—
(i)
A disposition by will of Maori land or of any interest in Maori land; or
(ii)
A disposition of a kind described in paragraph (a) of this definition that is effected by order of the Court; or
(iii)
A surrender of a lease or licence over or in respect of Maori land or any interest in Maori land; or
(iv)
The granting, for a term of not more than 3 years (including any term or terms of renewal), of a lease or licence over or in respect of Maori land or any interest in Maori land; or
(v)
A contract or arrangement for the granting of a lease or licence of a kind described in subparagraph (iv) of this paragraph; or
(vi)
The transfer or variation of a lease or licence of a kind described in subparagraph (iv) of this paragraph (other than a variation extending the term of such a lease or licence); or
(vii)
A disposition by way of sale by a mortgagee pursuant to a power expressed or implied in any instrument of mortgage:
Alienation: paragraph (a)(vii) of this definition was inserted, as from 1 July 2002, by section 5(2) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16).
Alienation: paragraph (c)(iv) of this definition was amended, as from 11 April 2001, by section 3(1) Te Ture Whenua Maori Amendment Act 2001/Maori Land Amendment Act 2001 (2001 No 11) by inserting the words “(including any term or terms of renewal)”.
Beneficial estate or beneficial interest does not include an estate or interest vested in any person by way of trust, mortgage, or charge
Block, in relation to any Maori freehold land, means the whole parcel of land comprised and described in an instrument of title
Chief Executive means the chief executive of the Ministry
Chief Judge means the Chief Judge of the Maori Land Court
Chief Surveyor has the meaning given to that term by section 2 of the Survey Act 1986
Court means, as the case may require, the Maori Land Court or the Maori Appellate Court or both
Crown land means land that, in terms of Part 6 of this Act, has the status of Crown land
District Land Registrar means the District Land Registrar of the land registration district under the Land Transfer Act 1952 within which any land to be dealt with or affected is situated
forestry right has the same meaning as in section 2 of the Forestry Rights Registration Act 1983
forestry right: this definition was inserted, as from 1 July 2002, by section 5(1) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16).
General land means land that, in terms of Part 6 of this Act, has the status of General land
General land owned by Maori means General land that is owned for a beneficial estate in fee simple by a Maori or by a group of persons of whom a majority are Maori
General land owned by Maori: this definition was amended, as from 1 July 2002, by section 5(3) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16) by substituting the words “a Maori or by a group of” for the words “more than 4”.
Judge means a Judge of the Maori Land Court; and includes the Chief Judge and the Deputy Chief Judge
kaitiaki means guardian
kaitiaki: this definition was inserted, as from 1 July 2002, by section 5(1) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16).
land—
(a)
means—
(i)
Maori land, General land, and Crown land that is on the landward side of mean high water springs; and
(ii)
Maori freehold land that is on the seaward side of mean high water springs; but
(b)
does not include the public foreshore and seabed
land: this definition was substituted, as from 25 November 2004, by section 103(1) Foreshore and Seabed Act 2004 (2004 No 93).
Lease includes a tenancy at will, and any other tenancy that confers a leasehold interest upon the tenant, whether at law or in equity; and the terms sublease, lessee, and sublessee have corresponding meanings
long-term lease means a lease—
(a)
for a term of more than 52 years; or
(b)
for a term that would be more than 52 years if 1 or more rights of renewal were exercised
long-term lease: this definition was inserted, as from 1 July 2002, by section 5(1) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16).
Maori means a person of the Maori race of New Zealand; and includes a descendant of any such person
Maori customary land means land that, in terms of Part 6 of this Act, has the status of Maori customary land
Maori freehold land means land that, in terms of Part 6 of this Act, has the status of Maori freehold land
Maori incorporation or incorporation means a body corporate that is established under Part 13 of this Act, or that was established under or continued in existence by the provisions of Part 4 of the Maori Affairs Amendment Act 1967 and is still in existence
Maori land means Maori customary land and Maori freehold land
Maori reserve means any lands that are for the time being vested in the Maori Trustee as or for the purposes of a Maori reserve; and, in particular, includes all lands that are for the time being subject to the provisions of the Maori Reserved Land Act 1955
Māori Trustee means the Māori Trustee appointed under the Maori Trustee Act 1953
Minister means the Minister of Maori Affairs
Ministry means Te Puni Kokiri
Occupation order means an order made under section 328 of this Act
order, in relation to the Court,—
(a)
means—
(i)
an order, judgment, decision, or determination of the Maori Land Court or the Maori Appellate Court; and
(ii)
an order made by a Registrar in the exercise of a jurisdiction or power pursuant to section 39(1); and
(iii)
an order made by the Chief Judge under section 44; and
(iv)
an order or decision made by a Judge, the Chief Judge, or the Court under sections 26B to 26ZB; and
(b)
includes a refusal to make an order, judgment, decision, or determination of a kind referred to in paragraph (a)(i) or paragraph (a)(ii) or paragraph (a)(iii):
Order: this definition was substituted, as from 11 April 2001, by section 3(2) Te Ture Whenua Maori Amendment Act 2001/Maori Land Amendment Act 2001 (2001 No 11).
order: paragraph (a)(iv) of this definition was inserted, as from 26 September 2004, by section 5(1) Te Ture Whenua Maori Amendment Act (No 2) 2004/Maori Land Amendment Act (No 2) 2004 (2004 No 79).
order: paragraph (a)(iv) of this definition was amended, as from 1 January 2005, by section 5(1) Te Ture Whenua Maori Amendment Act (No 3) 2004 (2004 No 108) by substituting the expression “26ZB” for the expression “26M”.
Person under disability means a person under disability within the meaning of Part 12 of this Act
Preferred classes of alienees, in relation to any alienation (other than an alienation of shares in a Maori incorporation), comprise the following
(a)
Children and remoter issue of the alienating owner:
(b)
Whanaunga of the alienating owner who are associated in accordance with tikanga Maori with the land:
(c)
Other beneficial owners of the land who are members of the hapu associated with the land:
(d)
Trustees of persons referred to in any of paragraphs (a) to (c) of this definition:
(e)
Descendants of any former owner who is or was a member of the hapu associated with the land:
Preferred classes of alienees 2, in relation to any alienation of shares in a Maori incorporation, comprise the following
(a)
Children and remoter issue of the alienating owner:
(b)
Whanaunga of the alienating owner who are associated in accordance with tikanga Maori with the land vested in the incorporation:
(c)
Other beneficial owners of the land who are members of the hapu associated with the land vested in the incorporation:
(d)
Trustees of persons referred to in any of paragraphs (a) to (c) of this definition:
(e)
Descendants of any former owner who is or was a member of the hapu associated with the land vested in the incorporation:
(f)
The Maori incorporation, in any case where no person, who is, by virtue of paragraphs (a) to (e) of this definition, a member of a preferred class of alienees in relation to the alienation, accepts the owner's offer of an alienation of the shares to that member:
Prescribed means prescribed by this Act or by regulations made for the purposes of this Act or by the rules of Court
Registrar means a Registrar of the Maori Land Court; and includes the Chief Registrar and a Deputy Registrar
Registrar: this definition was amended, as from 25 November 2004, by section 103(1) Foreshore and Seabed Act 2004 (2004 No 93) by inserting the words “the Chief Registrar and” after the word “includes”.
Road has the same meaning as in section 315 of the Local Government Act 1974
State Loan Department means—
(a)
Public Trust:
(b)
Housing New Zealand Corporation:
(c)
The Maori Trust Office:
State Loan Department: paragraph (a) of this definition was substituted, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100). See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
State Loan Department: paragraph (b) of this definition was amended, as from 1 July 2001, by section 24(1) Housing Corporation Amendment Act 2001 (2001 No 37) by substituting the words “Housing New Zealand Corporation” for the words “The Housing Corporation of New Zealand”.
Subdivision consent has the same meaning as in section 2(1) of the Resource Management Act 1991 and includes a certificate of compliance as defined in that Act
Surveyor-General has the meaning given to that term by section 2 of the Survey Act 1986
territorial authority means a territorial authority within the meaning of the Local Government Act 2002
Territorial authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
tikanga Maori means Maori customary values and practices
tikanga Maori: this definition was inserted, as from 1 July 2002, by section 5(1) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16).
tipuna means ancestor
tipuna: this definition was inserted, as from 1 July 2002, by section 5(1) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16).
wahi tapu means land set apart under section 338(1)(b)
wahi tapu: this definition was inserted, as from 1 July 2002, by section 5(1) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16).
whanaunga means a person related by blood
whanaunga: this definition was inserted, as from 1 July 2002, by section 5(1) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16).
whangai means a person adopted in accordance with tikanga Maori
whangai: this definition was inserted, as from 1 July 2002, by section 5(1) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16).
Will includes any testamentary instrument.
Compare: 1953 No 94 ss 2(1), 432(15); 1967 No 124 ss 25, 132, 133(1); 1974 No 3 s 50; 1974 No 19 s 50(1); 1974 No 73 ss 2, 5; 1978 No 43 s 3(4); 1991 No 69 s 362
Section 4 heading was amended, as from 1 July 2002, by section 5(4) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16) by omitting the words “of English terms”.
Section 4 Maori Trustee: repealed, on 1 July 2009, by section 30(1) of the Māori Trustee Amendment Act 2009 (2009 No 12).
Section 4 Māori Trustee: inserted, on 1 July 2009, by section 30(1) of the Māori Trustee Amendment Act 2009 (2009 No 12).
Section 4 Māori Trustee: amended, on 1 July 2009, by section 30(1) of the Māori Trustee Amendment Act 2009 (2009 No 12).
There shall continue to be a court of record called the Maori Land Court, which shall be the same court as that existing under the same name immediately before the commencement of this Act.
(2)
In addition to the jurisdiction and powers expressly conferred on it by this or any other Act, the Maori Land Court shall have all the powers that are inherent in a court of record.
Compare: 1953 No 94 s 15
7-
Appointment of Judges
(1)
The Governor-General may from time to time, by warrant, appoint fit and proper persons to be Judges of the Maori Land Court.
(2)
The number of Judges appointed under this section must not at any time exceed 14.
(2AA)
For the purposes of subsection (2),—
(a)
a Judge who is acting on a full-time basis counts as 1:
(b)
a Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
(c)
the aggregate number (for example, 7.5) must not exceed the maximum number of Judges that is for the time being permitted.
(2A)
A person must not be appointed a Judge unless the person is suitable, having regard to the person's knowledge and experience of te reo Maori, tikanga Maori, and the Treaty of Waitangi.
(3)
No person shall be appointed a Judge unless that person has held a practising certificate as a barrister or solicitor for at least 7 years.
(4)
No person shall be appointed a Judge after attaining the age of 70 years.
(5)
Every Judge shall, by virtue of that office, be a Justice of the Peace for New Zealand.
(6)
A Judge must not undertake any other paid employment or any other office (whether paid or not) unless the Chief Judge is satisfied that the employment or other office is compatible with judicial office.
(7)
No Judge shall practise as a barrister or solicitor.
Compare: 1953 No 94 s 16; 1974 No 73 s 43(1)
Subsection (2) was substituted, as from 25 November 2004, by section 103(1) Foreshore and Seabed Act 2004 (2004 No 93).
Subsection (2) was amended, as from 13 December 2006, by section 4 Te Ture Whenua Maori Amendment Act 2006/Maori Land Amendment Act 2006 (2006 No 76) by substituting “14” for “8”.
Subsection (2AA) was inserted, as from 20 May 2004, by section 3(1) Te Ture Whenua Maori Amendment Act 2004/Maori Land Amendment Act 2004 (2004 No 48).
Subsection (2A) was inserted, as from 1 July 2002, by section 6 Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16).
Subsection (4) was amended, as from 6 March 2007, by section 4 Te Ture Whenua Maori Amendment Act 2007/Maori Land Amendment Act 2007 (2007 No 4) by substituting “70” for “68”.
Subsection (6) was substituted, as from 20 May 2004, by section 3(2) Te Ture Whenua Maori Amendment Act 2004/Maori Land Amendment Act 2004 (2004 No 48).
