 |
|---|
 New Zealandportal |
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.
| |
|---|
| New Zealandportal |
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.
The Māori Land Court was established in 1865 as the Native Land Court of New Zealand 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 1 percent of the South Island and 9 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, the Native Land Court name was changed to the Māori Land Court. Originally the court was established to translate customary Māori land claims into legal land titles recognisable under English law. In 1993, the Te Ture Whenua Māori Act [9] expanded the court's jurisdiction to allow it to hear cases on all matters related to Māori land.
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. [10] 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. [11]
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. [12] 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 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. [13]
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. [14]
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; [15] the ownership of Māori customary land has been investigated by the Māori Land Court and a freehold order has been issued; [16] 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). [17]
Māori Land Court judges are appointed by warrant issued by the Governor-General of New Zealand. As of July 2024 [update] the judges are (in order of seniority): [18]
The Treaty of Waitangi, sometimes referred to as Te Tiriti, is a document of central importance to the history of New Zealand, its constitution, and its national mythos. It has played a major role in the treatment of the Māori people in New Zealand by successive governments and the wider population, something that has been especially prominent from the late 20th century. The treaty document is an agreement, not a treaty as recognised in international law, and has no independent legal status, being legally effective only to the extent it is recognised in various statutes. It was first signed on 6 February 1840 by Captain William Hobson as consul for the British Crown and by Māori chiefs from the North Island of New Zealand.
The New Zealand Wars took place from 1845 to 1872 between the New Zealand colonial government and allied Māori on one side, and Māori and Māori-allied settlers on the other. Though the wars were initially localised conflicts triggered by tensions over disputed land purchases, they escalated dramatically from 1860 as the government became convinced it was facing united Māori resistance to further land sales and a refusal to acknowledge Crown sovereignty. The colonial government summoned thousands of British troops to mount major campaigns to overpower the Kīngitanga movement and also conquest of farming and residential land for British settlers. Later campaigns were aimed at quashing the Pai Mārire religious and political movement, which was strongly opposed to the conquest of Māori land and eager to strengthen Māori identity. Māori religious movements that promoted pan-Māori identity played a major role in the Wars.
The Waitangi Tribunal is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975. It is charged with investigating and making recommendations on claims brought by Māori relating to actions or omissions of the Crown, in the period largely since 1840, that breach the promises made in the Treaty of Waitangi. The Tribunal is not a court of law; therefore, the Tribunal's recommendations and findings are not binding on the Crown. They are sometimes not acted on, for instance in the foreshore and seabed dispute.
The New Zealand foreshore and seabed controversy is a debate in the politics of New Zealand. It concerns the ownership of the country's foreshore and seabed, with many Māori groups claiming that Māori have a rightful claim to title. These claims are based around historical possession and the Treaty of Waitangi. On 18 November 2004, the New Zealand Parliament passed a law which deems the title to be held by the Crown. This law, the Foreshore and Seabed Act 2004, was enacted on 24 November 2004. Some sections of the act came into force on 17 January 2005. It was repealed and replaced by the Marine and Coastal Area Act 2011.
Ngāpuhi is a Māori iwi associated with the Northland regions of New Zealand centred in the Hokianga, the Bay of Islands, and Whangārei.
Te Urewera is an area of mostly forested, sparsely populated rugged hill country in the North Island of New Zealand, a large part of which is within a protected area designated in 2014, that was formerly Te Urewera National Park.
David Vernon Williams is a professor, and former deputy dean of the University of Auckland's Faculty of Law. He comes from the Hawke's Bay region of New Zealand, and was educated at Wanganui Collegiate School.
Claims and settlements under the Treaty of Waitangi have been a significant feature of New Zealand politics since the Treaty of Waitangi Act 1975 and the Waitangi Tribunal that was established by that act to hear claims. Successive governments have increasingly provided formal legal and political opportunity for Māori to seek redress for what are seen as breaches by the Crown of guarantees set out in the Treaty of Waitangi. While it has resulted in putting to rest a number of significant longstanding grievances, the process has been subject to criticisms including those who believe that the redress is insufficient to compensate for Māori losses. The settlements are typically seen as part of a broader Māori Renaissance.
The Māori protest movement is a broad indigenous rights movement in New Zealand. While there was a range of conflicts between Māori and European immigrants prior to the signing of the Treaty of Waitangi in 1840, the signing provided one reason for protesting. Disagreements in the decades following the signing sometimes included war.
Te Āti Awa is a Māori iwi with traditional bases in the Taranaki and Wellington regions of New Zealand. Approximately 17,000 people registered their affiliation to Te Āti Awa in 2001, with around 10,000 in Taranaki, 2,000 in Wellington and around 5,000 of unspecified regional location.
Te Ture Whenua Māori Act 1993 is a statute of the Parliament of New Zealand to "reform the laws relating to Māori land in accordance with the principles set out in the Preamble". These principles "reaffirm" the Treaty of Waitangi "relationship between the Māori people and the Crown" and "recognise that land is taonga tuku iho of special significance to Māori people". To that end, the principles "promote the retention of ... land in the hands of its owners, their whanau, and their hapu, and to protect wahi tapu". Further, they "facilitate the occupation, development, and utilisation of that land for the benefit of its owners, their whanau, and their hapu".
The law of New Zealand uses the English common law system, inherited from being a part of the British Empire.
Ngāti Mutunga is a Māori iwi (tribe) of New Zealand, whose original tribal lands were in north Taranaki. They migrated from Taranaki, first to Wellington, and then to the Chatham Islands in the 1830s. The rohe of the iwi include Wharekauri, Te Whanga Lagoon and Waitangi on Chatham Island, and Pitt Island, also part of the Chatham Islands. The principal marae are at Urenui in Taranaki, and on the Chatham Islands.
Te Kawerau ā Maki, Te Kawerau a Maki, or Te Kawerau-a-Maki is a Māori iwi (tribe) of the Auckland Region of New Zealand. Predominantly based in West Auckland, it had 251 registered adult members as of June 2017. The iwi holds land for a new marae and papakāinga at Te Henga that was returned in 2018; and land for a secondary marae at Te Onekiritea that was returned in 2015. it has no wharenui yet.
The New Zealand Māori Council is a body that represents and consults the Māori people of New Zealand. As one of the oldest Māori representative groups, the council exerts pressure on New Zealand governments to protect Treaty of Waitangi rights.
The judiciary of New Zealand is responsible for the system of courts that interprets and applies the laws of New Zealand. It has four primary functions: to provide a mechanism for dispute resolution; to deliver authoritative rulings on the meaning and application of legislation; to develop case law; and to uphold the rule of law, personal liberty and human rights. The judiciary is supported in its work by an executive department, the Ministry of Justice.
Mana motuhake is a phrase in the Māori language that means self determination, with the principle being autonomy and control. It is sometimes translated to the concept of sovereignty.
The Māori Trustee is a statutory corporation sole with perpetual succession in New Zealand. The Trustee administers, as trustee or agent, Māori land trusts and other Māori entities.
The Native Lands Act 1865 was an Act of Parliament in New Zealand that was designed to remove land from Māori ownership for purchase by settlers as part of settler colonisation. The act established the Native Land Courts, individualised ownership interests in Māori land replacing customary communal ownership and allowed up to 5% of Māori land to be taken for public works without compensation.
Anti-Māori sentiment, broadly defined, is the dislike, distrust, discrimination, and racism directed against Māori people as an ethnicity and Māori culture. Various scholars have characterised anti-Māori sentiment as stemming from the colonisation of New Zealand by Britain.
| Sources |  | ||||||
|---|---|---|---|---|---|---|---|
| Constitution of New Zealand | |||||||
| Courts of New Zealand |
| ||||||
| Education | |||||||