The Māori Land Court and the Māori Appellate Court operate under the authority of the Te Ture Whenua Māori Act 1993. Both courts also consider other legislation to ensure that Māori land is treated as taonga-tuku-iho.

Te Ture Whenua Māori Act 1993

Te Ture Whenua Māori Act 1993 (the Act) sets out the full authority, power and limitations of the Māori Land Court and the Māori Appellate Court. The Act stipulates that the Court's objective is to keep Māori lands in Māori hands, protect wāhi tapu, and assist landowners in living on, developing, and using their land for the benefit of all owners, their whānau, and their hapū.

Te Ture Whenua Māori (Succession, Dispute Resolution, and Related Matters) Amendment Act passedon 24 July 2020 and was given Royal approval on 6 August 2020. The new legislation came into effect on Waitangi Day, 6 February 2021 and is most significant change to Te Ture Whenua Māori Act since 1993.

2020 amendments to the Act

These changes will better support Māori landowners to connect with, and make decisions about, their whenua. The amended legislation introduces a number of new initiatives, including:

  • These are succession applications involving biologically related children receiving equal land interests and where there are no objections after being advertised in our National Pānui.

    These applications can be decided by a court registrar rather than a judge, which means you wouldn’t have to attend a formal court sitting.

    Download the factsheet

  • These are trust applications where all relevant information is provided, hui have been held and notified properly, all the people involved have given consent, and there are no objections to the application after it's advertised in our National Pānui.

    These applications can be decided by a court registrar rather than a judge, which means you wouldn’t have to attend a formal court sitting.

    Download the factsheet

  • Parties can now access, contribute to and participate in a free, voluntary, tikanga-based service to resolve any disputes related to Māori land outside of a court setting. The mediation process provides a private and confidential forum for everyone involved to discuss the issues and consider solutions.

    Download the factsheet

  • Succession to whāngai considers the tikanga of the hapū or iwi associated with the whenua, to make sure the land interests stay within the bloodline.

    If this is not possible, and there is no whakapapa connection between whāngai and the whenua, we may grant them a lifetime right to receive income or grants from the land, and/or the right to live in the whānau home on the land.

    Download the factsheet

  • When a landowner passes away, leaving behind a spouse or partner (by marriage, civil union, or de facto relationship), their children can succeed immediately to their Māori land interests, rather than waiting until the surviving spouse or partner passes. This means the children can be involved as landowners and participate in, and vote on, decisions to do with the land immediately.

    Additionally, the surviving spouse or partner can still receive income from the land and/or to live in the whānau home on the land. These rights apply for the rest of their lifetime, unless they remarry, form a civil union, enter a de facto relationship, or give up their rights by choice. At this point, the children or descendants then become entitled to the income and occupation rights.

    Download the factsheet

  • It is now easier for landowners to establish Māori incorporations, and the ability to remove a member of a committee of management of an incorporation have been updated. There is also a new requirement for Māori incorporations to record details of the dividends paid to shareholders.

    Download the factsheet

  • We can now grant an occupation order to a beneficiary of a whānau trust. This should help more people who whakapapa to the land to occupy and build on it.

    Download the application

  • It is now easier to secure finance for papakāinga housing developments, to support Māori into housing and whānau to return to their whenua. Occupation for education or health purposes, or for papakāinga housing can now be granted for more than 14 years.

    Download the application

  • We can now make rulings about Māori land under the Family Protection Act 1955, Law Reform (Testamentary Promises) Act 1949, Government Roading Powers Act 1989, Local Government Act 1974 and the Property Law Act 2007. This makes it easier to assess the cultural implications of how interests in Māori land should be dealt with.

Our rules, practice notes and other acts and legislation

The way we operate is controlled by rules and legislative methods, including The Māori Land Court Rules 2011. Practice notes are issued by the Court to guide legal practitioners through the process they will need to undertake.

Our rules

The Māori Land Court Rules 2011 set out how we operate, including how we receive, review, notify, process, and conclude applications. By following these rules, we are able to ensure the accuracy of the court record and provide judges and registrars with the information they need to make informed decisions.

There are various other rules and regulations under which we operate, including:

  • Regulations setting our application fees.

  • Regulations setting out the rules on how a meeting of owners of Māori land must be help, how it is recorded and how the outcomes are reported. These regulations only apply to Māori land blocks that do not have any existing trustees or which are not vested in a Māori Incorporation.

  • Regulations setting the rules by which all existing Māori Incorporations must be run.

  • Regulations setting the rules by which all Māori Reservations must be run.

  • Regulations setting out what information you need to supply with any application for an occupation order under our Act.

Other acts and legislation

We hear applications relating to Māori freehold land under select Acts, or parts of them, including:

Property Law Act 2007 Family Protection Act 1955 Government Roading Powers Act 1989 Law Reform (Testamentary Promises) Act 1949 Local Government Act 1974.

There are various other Acts which we operate under, including:

  • This Act has the power to determine ownership of any taonga tūturu found anywhere in Aotearoa New Zealand or within the territorial waters of New Zealand.

  • This Act enables the Court to determine entitlements to Tītī Islands interests.

  • This Act has limited powers extended to the Court in relation to the Wi Pere Trust.

  • This Act enables a Judge of the Māori Land Court to hear applications and make recommendations for the establishment of a Taiapure – local fishery.

  • This Act has power to grant and discharge charging orders over Māori land for payment of outstanding rates.

  • This Act enables a Judge of the Māori Land Court to give advice about or determine disputes regarding entitlements.

  • This Act enables a Judge of the Māori Land Court to give advice about disputes regarding entitlements.

Ngā kupu ture
Legal terms

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

Te Ture Whenua Māori Act 1993

Te Ture Whenua Māori Act 1993, the Māori Land Court Rules and Regulations are the legal responsibility of Te Puni Kōkiri (the Ministry of Māori Development) on behalf of the Minister for Māori Development.

Māori Land Court Rules 2011

Read the Māori Land Court Rules 2011.