Māori Land Court

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The Māori Land Court (Māori : Te Kōti Whenua Māori) is the specialist court of record in New Zealand that hears matters relating to Māori land.

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Established in 1865 as the Native Land Court, its purpose was to translate customary communal landholdings into individual titles recognisable under English law. This enabled Pākehā 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. [1] 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. [2] 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". [3] A continuation of the native land policies of 1862, [4] the intention outlined in the Preamble of the 1865 Act was "to encourage the extinction of such [native] proprietary 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 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 for their previous land in North Taranaki in 1870. The entire iwi abandoned the Chatham Islands (which they had invaded in 1835) to come to the court hearing. [5]

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." [6] The Liberals saw this as essential economic development. By 1939, almost 100 years after the Treaty of Waitangi 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. [7]

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. [8]

In 1954 "Māori" was substituted for "Native" in the court's name. [9] In the 1980s the judiciary played a major role in redefining and elevating the constitutional position of the Treaty of Waitangi. [10] [11] [12] 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. [13]

In 2012, the Māori Land Court minute books dating between 1862 and 1900, held at the Archives New Zealand National Office in Wellington, were included as an entry on the UNESCO Memory of the World Aotearoa New Zealand Ngā Mahara o te Ao register. [14]

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, Hamilton, Rotorua, Gisborne, Whanganui, and Christchurch. [15] It also has information offices in Auckland and Tūrangi. The Māori Land Court districts are Taitokerau, Waikato-Maniapoto, Waiariki, Tairāwhiti, Tākitimu, Aotea and Te Waipounamu. [16]

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. [17] 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; such decisions are binding on the Māori Land Court. Appeals from the Māori Appellate Court, if permitted, lie with the Court of Appeal, and from there to the Supreme Court.

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. [18]

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 or iwi.

Following the signing of the Treaty of Waitangi 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. [19]

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; [20] the ownership of Māori customary land has been investigated by the Māori Land Court and a freehold order has been issued; [21] or the Māori Land Court has determined its status as Māori freehold land.

Māori customary land is held in accordance with tikanga Māori and has not been converted to Māori freehold land by the Māori Land Court. Very few customary land blocks remain. They total less than 700 ha (1,700 acres). [22]

Current Māori Land Court judges

Māori Land Court judges are appointed by warrant issued by the Governor-General of New Zealand. As of July 2024 the judges are (in order of seniority): [23]

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References

  1. ↑ "The Native Lands Act 1865" . Retrieved 28 December 2011.
  2. ↑ "Te Kōti Whenua – Māori Land Court". teara.govt.nz. Retrieved 10 September 2019.
  3. ↑ Williams, David Vernon (1999). 'Te Kooti Tango Whenua: The Native Land Court 1864-1909. Wellington, New Zealand: Huia. p. 82. ISBN   1-877241-03-2.
  4. ↑ "The Native Lands Act 1862" . Retrieved 28 December 2011.
  5. ↑ Maori Claims and Reinvented Histories. M. Belgrave. 2005 p190-205.
  6. ↑ The Canoes of Kupe>R.McIntyre. Fraser Books. Masterton. 2012. pp 125–126.
  7. ↑ "Māori land rights - Museum of New Zealand te Papa Tongarewa".
  8. ↑ "Part 2: Māori Land – What Is It and How Is It Administered?". Office of the Auditor-General New Zealand. Retrieved 10 September 2019.
  9. ↑ Ray, Arthur J. (June 2016). Aboriginal Rights Claims and the Making and Remaking of History. McGill-Queen's Press – MQUP. p. 33. ISBN   9780773599116.
  10. ↑ New Zealand Maori Council v Attorney-General [1987] 1 NZLR 641 (HC & CA) [SOE case]
  11. ↑ He Tirohanga ō Kawa ki te Tiriti o Waitangi: a guide to the principles of the Treaty of Waitangi as expressed by the Courts and the Waitangi Tribunal (PDF). Te Puni Kokiri. 2001. p. 15. ISBN   0-478-09193-1. Archived from the original (PDF) on 18 February 2013. Retrieved 21 December 2012.
  12. ↑ Janine Hayward (13 July 2012). "Principles of the Treaty of Waitangi – ngā mātāpono o te tiriti – Treaty principles developed by courts". Te Ara: The Encyclopedia of New Zealand. Retrieved 21 December 2013.
  13. ↑ "Te Ture Whenua Maori Act 1993" . Retrieved 21 December 2011.
  14. ↑ "Māori Land Court Minute Books". Memory of the World Aotearoa New Zealand Ngā Mahara o te Ao . Retrieved 18 November 2024.
  15. ↑ "Our services – how we can help you: A regional network of offices". Māori Land Court. Retrieved 28 September 2019.
  16. ↑ "Contact the Māori Land Court". Māori Land Court. Retrieved 18 January 2020.
  17. ↑ "Part 2 The Maori Appellate Court". Te Ture Whenua Maori Act 1993 Maori Land Act 1993. Retrieved 28 September 2019.
  18. ↑ "About the Māori Land Court". Māori Land Court. 16 August 2019.
  19. ↑ "Obtaining land - The Treaty in practice | NZHistory, New Zealand history online". nzhistory.govt.nz. Retrieved 10 September 2019.
  20. ↑ "What is Māori Land?". Land Information New Zealand (LINZ). Retrieved 10 September 2019.
  21. ↑ "Your Māori land | Māori Land Court". www.maorilandcourt.govt.nz. Retrieved 10 September 2019.
  22. ↑ "Your Māori land". maorilandcourt.govt.nz. 9 February 2022. Retrieved 6 March 2022.
  23. ↑ "Our judges". Māori Land Court. 18 May 2022. Retrieved 26 July 2022.

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