- Te Ture Whenua Māori Act 1993
-
Te Ture Whenua Maori Act 1993 / Maori Land Act 1993 
Parliament of New ZealandLong title/
PurposeAn Act to reform the laws relating to Maori land in accordance with the principles set out in the Preamble to this Act. Dates Date passed 1993 Commencement 1 July 1993 Other legislation Related legislation Maori Affairs Act 1953 Status: Current legislation Te Ture Whenua Maori Act 1993 (or the Maori Land Act 1993[1]) is a statute of the New Zealand Parliament to "reform the laws relating to Maori land in accordance with the principles set out in the Preamble"[2]. These principles "reaffirm" the Treaty of Waitangi "relationship between the Maori people and the Crown" and "recognise that land is taonga tuku iho of special significance to Maori people".[3] 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".[4] Further, they "facilitate the occupation, development, and utilisation of that land for the benefit of its owners, their whanau, and their hapu".[5]
Contents
Background
Te Ture Whenua Maori Act replaced the Maori Affairs Act 1953[6] and is administered by Te Puni Kōkiri (the Ministry of Māori Development).[7] Under previous Acts, like the Native Act 1894, any communally owned Maori land could be converted to freehold land (sometimes automatically). Under this Act, the Māori Land Court can "determine and declare, by a status order, the particular status of any parcel of land".[8]
Provisions
Powers to the Māori 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. Te Ture Whenua Maori Act 1993 gives the Māori Land Court the jurisdiction to consider this claim.[9] Without limiting any rights of the High Court to make determinations, the Māori Land Court may declare the particular status of any land.[10] For the purposes of the Act, all New Zealand land has one of six statuses:
- Maori customary land
- Maori freehold land
- General land owned by Maori
- General land
- Crown land
- Crown land reserved for Maori.[11]
For example, "land that is held by Maori in accordance with tikanga Maori" may be declared "Maori customary land".[12] There are limitations to acquiring or losing this status and the status of Māori freehold land.[13].
Powers to owners
The Act provides:
- New forms of trusts
- Ability to incorporate (so that owners have all the powers of a body corporate)[14]
- Promotes groups of buildings that allow Māori 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 Māori land
More powers are given to the Māori Land Court for enforcing when land is allowed to change hands. Land is preferably transferred to descendants of the owners.
Calls to change the act
There have been calls to have the Act changed in response to the New Zealand foreshore and seabed controversy. Green Party MP Metiria Turei advocated amending the Act "so that any customary title in foreshore and seabed could not then be turned by the court into private title".[15]
References
- ^ Te Ture Whenua Maori Act 1993, s 1(1)(b)
- ^ Te Ture Whenua Maori Act 1993, Title
- ^ Te Ture Whenua Maori Act 1993, Preamble
- ^ Te Ture Whenua Maori Act 1993, Preamble
- ^ Te Ture Whenua Maori Act 1993, Preamble
- ^ Justice.govt.nz
- ^ Te Ture Whenua Maori Act 1993, Contents
- ^ Te Ture Whenua Maori Act 1993, s 131(1)
- ^ Te Ture Whenua Maori Act 1993, s 131(1)
- ^ Te Ture Whenua Maori Act 1993, s 131
- ^ Te Ture Whenua Maori Act 1993, s 129(1)
- ^ Te Ture Whenua Maori Act 1993, s 129(2)
- ^ Te Ture Whenua Maori Act 1993, s 130
- ^ TPK.govt.nz
- ^ "Maori Party starts to talk detail on foreshore bill". The New Zealand Herald. NZPA. 28 November 2005. http://www.nzherald.co.nz/treaty-of-waitangi/news/article.cfm?c_id=350&objectid=10357412. Retrieved 19 November 2011.
External links
- Te Ture Whenua Maori Act 1993 – text of the act
Categories:- New Zealand Statutes
- Māori politics
- 1993 in New Zealand
- 1993 in law
- Aboriginal title in New Zealand
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