Māori Freehold Land
Land held by Māori owners under Te Ture Whenua Māori Act 1993, with ownership determined by the Māori Land Court rather than the standard LINZ system.
What is a Māori Freehold Land?
Māori freehold land is a distinct category of land ownership in New Zealand, governed by Te Ture Whenua Māori Act 1993 (the Māori Land Act). Unlike general land held under the standard Torrens system, Māori freehold land is administered by the Māori Land Court, and any dealings with the land (sales, leases, mortgages) must be approved by the court.
Māori freehold land often has multiple owners — sometimes hundreds or even thousands — reflecting whakapapa (genealogical) connections to the land. The land holds deep cultural and spiritual significance beyond its economic value, and the legislation prioritises retention of the land in Māori ownership.
Sale of Māori freehold land to non-Māori is restricted. The Act gives preferred classes of alienees (whānau members, other owners, hapū) the right of first refusal. Any sale or long-term lease must be confirmed by the Māori Land Court.
Why It Matters for Due Diligence
If you encounter Māori freehold land, be aware that standard conveyancing processes do not apply. The transaction must go through the Māori Land Court, which adds time and complexity. Restrictions on who can purchase and what approvals are required make this a specialist area.
Engage a lawyer experienced in Māori land law. Standard property lawyers may not have the expertise to navigate Te Ture Whenua Māori Act requirements and Māori Land Court processes.
How to Check
The status of land as Māori freehold land is recorded on the title. The Māori Land Court maintains its own register of Māori land, which you can search through the Māori Land Court website or by contacting the court directly. Your lawyer should identify the land status early in the process.
Frequently Asked Questions
Can non-Māori buy Māori freehold land?
It's very restricted. Te Ture Whenua Māori Act gives preferred classes of buyers (whānau, hapū, iwi members, and existing owners) the right of first refusal. Any sale to a non-preferred buyer must be approved by the Māori Land Court. In practice, sales to non-Māori are uncommon.
How is Māori freehold land different from general land?
Māori freehold land is governed by Te Ture Whenua Māori Act 1993, administered by the Māori Land Court, often has multiple owners, and has restrictions on sale and dealing. General land is governed by the Land Transfer Act 2017 and administered by LINZ under the standard Torrens system.
Related Terms
Freehold
GlossaryThe most complete form of property ownership in New Zealand, giving the owner full rights to both the land and any buildings on it.
Fee Simple
GlossaryThe legal term for freehold ownership — the most complete form of property ownership available in New Zealand.
Certificate of Title
GlossaryThe official legal document registered with LINZ that proves who owns a property and records all registered interests affecting it.
Torrens System
GlossaryNew Zealand's land registration system where the government guarantees the accuracy of the title register, meaning the person on the title is the legal owner.
Leasehold
GlossaryA form of property ownership where you own the buildings but lease the land from a separate landowner for a set period.
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