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Some people become landowners when a whānau member transfers land to them by gift or sale. The Maori Land Court will ‘vest’ the land interest by way of a vesting order. This occurs most commonly between close whānau members.

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There are a variety of reasons a person might gift or sell their land, including:
  • The interests are required to allow for housing or a dwelling
  • To help divide land for partition between owners
  • To encourage and mentor active engagement of younger landowners
  • A trustee holding interests or shares may want to transfer them to a person who is entitled to them.
The application you need to complete will depends on whether the person you're transferring your land interests or shares to is a member of the preferred class of alienee (PCA).

Transferring land to a member of the PCA

To transfer your land by gift or sale to a member of the preferred class of alienee (link to definition), you will need to apply for a vesting order.

If you are selling your land, a valuation is required to ensure the purchase price is fair, unless you’re selling your land to a whānau member. In this case, you can apply to be excused from providing a valuation report.

Rates notices or entries from the local council's valuation roll are sufficient evidence to establish the value of your land. However, if the value of the sale is significant the Court, may direct that a special valuation is required.

  • To apply for a vesting order to transfer your Māori land interests or shares by gift, you’ll need to provide:

    • evidence of the relationship between the parties to establish that they are members of the preferred class of alienee (PCA)
    • evidence that you have discussed the transfer with your children or descendants (if you have any).

    To transfer is sale, you’ll also need to provide:

    • evidence of the value of the shares being sold
    • evidence or agreement to support a lower value sale (if below valuation).

    If you are applying for an exemption from providing a special valuation, you’ll need to complete a form 26 with your vesting order application and pay an additional fee of $20.

    Apply online

    Download the application form (form 30)

    Download the application form (form 31)

Transferring land to someone who is not a member of the PCA

To transfer your land by gift or sale to a someone who is not a member of the preferred class of alienee (link to definition), you will need to apply for a confirmation of alienee.

Before you consider transferring your land to someone outside the preferred class of alienee (PCA), you must show that you have made an offer, or tried to make an offer, to other landowners or members of the PCA. This may be by notice in local newspapers in the area the land is located, or by direct offer by mail or email.

  • To apply for a confirmation of alienee, you will need to provide:

    • evidence that demonstrates you have sought offers from members of the PCA which have been unsuccessful
    • evidence of a conditional offer to purchase your interests (either by a separate contract or you can use our agreement to sell or gift interests – form 31)
    • evidence that you have discussed the transfer with your children or descendants (if any)
    • a registered valuation for the Māori land which is being transferred.

    Apply online

    Download the application form

Transferring shares in an incorporation

If you want to sell or gift your shares in an incorporation and no member of the PCA is able to take or buy the shares, the incorporation may do so instead. However, this should be a last resort.

Ngā kupu ture
Legal terms

Read about the legal terms used in the Māori Land Court. 

Ngā raumei
Resources

Download printable versions of our resources about transferring Māori land. 

Tukuna he tono
Apply to the Court

Apply to the Court online in Pātaka Whenua.