Te Ture Whenua Māori Act 1993 / Māori Land Act 1993

Infobox NZ Legislation
short_title= Te Ture Whenua Maori Act 1993 / Maori Land Act 1993
long_title= An Act to reform the laws relating to Maori land in accordance with the principles set out in the Preamble to this Act.
introduced_by=
date_passed=1993
royal_assent=
commencement= 1 July 1993
amendments=
related_legislation=Maori Affairs Act 1953
status=CurrentThe Te Ture Whenua Maori Act 1993 ("Maori Land Act" in English) is a statute of the New Zealand Parliament which outlines how Maori land is to be governed in the future to try to ensure the retention of ownership within the hands of Maori while looking to also make sure that the land is commercially viable. Land is described in the Act as "taonga tuku iho" literally translated means "A treasure handed down" which emphasizes the Act's purpose of looking to ensure that this land is retained under Maori ownership.

Background

The Tu Ture Whenua Maori Act replaced the Maori Affairs Act 1953 [http://www.justice.govt.nz/maorilandcourt/glossary.htm] and is also administered by Te Puni Kokiri (the Ministry of Maori Development) [http://www.tpk.govt.nz/about/legislation/default.asp] . Under previous acts, like the Native Act 1894, any tribally owned Maori land could be converted to freehold land (sometimes automatically). Under this act the Maori Land Court can award land the status of "Maori Customary Land" - one of six statutes of land - without it having to convert to freehold title. [http://www.nzherald.co.nz/topic/story.cfm?c_id=350&objectid=3512272]

Provisions of the Act

Powers to the Maori Land Court

The Treaty of Waitangi (Article 2) confirms Maori Customary title (recognises that when a state acquires sovereignty over another country, the pre-existing rights of the indigenous population remain) to the land. The Te Ture Whenua Act 1993 gives the Maori Land Court the jurisdiction to consider this claim under Section 131. [http://www.nzherald.co.nz/topic/story.cfm?c_id=350&objectid=3509712]

The Maori Land court can assign a particular type of status to any land that is given to it. There are six types of "Statutes of land" under the act [http://www.nzherald.co.nz/topic/story.cfm?c_id=350&objectid=3509712] :- Maori customary land- Maori freehold land- General land owned by Maori- General land- Crown land- Crown land reserved for Maori.

Powers to Owners

The act provides- New forms of Trusts- Ability to Incorporate (so that owners have all the powers of a body corporate) [http://governance.tpk.govt.nz/why/incorporation.aspx] - Promotes groups of buildings that allow Maori to live sustainably on their land (Papakainga)

Also provides for a variety of trusts which address ownership in a variety of different ways.

Restrictions on transferring ownership of Maori Land

More powers are given to the Maori Land Court in terms of enforcing when land is allowed to change hands.

Land is preferred to be transferred to descendants of the owners

Calls to change the act

A study in 2003 released by the Ministry of Maori Development commented on the ownership structure of Maori land. [http://www.nzherald.co.nz/topic/story.cfm?c_id=350&objectid=3540709] The comments related to how hundreds of owners can be responsible for one parcel of land making it very challenging to manage economically since it can be hard to get consent from the majority of shareholders.

There has been some calls to have the act changed in response to events revolving around Maori seeking to gain title over New Zealand's foreshore and seabed. A few New Zealand politicians have advocated repealing the act to enable Maori to seek customary, but not freehold title. [http://www.nzherald.co.nz/topic/story.cfm?c_id=247&objectid=10357501] [http://www.nzherald.co.nz/topic/story.cfm?c_id=350&objectid=10357412]

External links

* [http://interim.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=80309&infobase=PAL_Statutes.nfo&jump=a1993-004&softpage=DOC Text of the Act]