Māori Freehold Land — Due Diligence Guide for NZ Buyers
Māori freehold land is land that has been through the Māori Land Court and is held under Te Ture Whenua Māori Act 1993 (Māori Land Act). It is owned communally by iwi, hapū, or whānau members. Buying or leasing Māori freehold land involves a distinct legal process governed by the Māori Land Court.
How Māori Freehold Land Differs
| Attribute | Māori Freehold Land | Other Types |
|---|---|---|
| Legal framework | Te Ture Whenua Māori Act 1993 | General land: Property Law Act 2007 |
| Sale/transfer | Requires Māori Land Court approval | Freehold: Standard conveyancing |
| Ownership | Often multiple owners (shares) | Freehold: Typically sole or joint |
| Succession | Governed by Māori Land Court | Freehold: Standard will/estate |
Key Risks & Red Flags
Māori freehold land has unique legal and practical considerations:
- Multiple ownership: Land may have dozens or hundreds of owners, making decisions complex.
- Alienation restrictions: Sale to non-Māori is restricted. The Māori Land Court must approve most transactions.
- Right of first refusal: Existing owners and whānau have preferential rights to purchase.
- Governance complexity: Trust or incorporation structures may govern the land, adding layers of decision-making.
- Bank lending: Most banks are reluctant to lend against Māori freehold land due to the restrictions on sale.
- Title complexity: Ownership records at the Māori Land Court may differ from LINZ records.
Due Diligence Checklist
- Engage a lawyer experienced with Māori land law
- Search the Māori Land Court register for ownership details
- Understand the governance structure (trust, incorporation, or individual owners)
- Clarify the nature of the interest being offered (lease, licence, shares)
- Check any existing occupational orders or partitions
- Investigate bank lending options early — most mainstream banks won't lend
- Understand the right of first refusal process and timeframes
- Review any existing leases or licences over the land
Frequently Asked Questions
Can non-Māori buy Māori freehold land?
Generally no, unless the Māori Land Court grants an alienation order, which is rare. Non-Māori can sometimes lease Māori freehold land with court approval. Always get specialist legal advice.
How do I find out if land is Māori freehold?
Check the certificate of title at LINZ — it will note if the land is Māori freehold. You can also search the Māori Land Court's Māori Land Online database (MLOL) for ownership and status information.
Related Content
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.
Leasehold
GlossaryA form of property ownership where you own the buildings but lease the land from a separate landowner for a set period.
Easement
GlossaryA legal right allowing someone to use part of another person's land for a specific purpose.
Freehold
Property TypeFreehold (fee simple) is the most complete form of property ownership in New Zealand. The owner has full rights to the land and any buildings on it, with no co-owner dependencies or lease arrangements. Freehold is the most common and most straightforward title type for standalone houses.
Cross-Lease
Property TypeCross-lease is a uniquely New Zealand form of ownership where multiple owners share the freehold of a single parcel of land and lease their individual dwellings from each other. Each owner's dwelling is defined by a flats plan registered with LINZ.
Unit Title
Property TypeUnit title is the standard ownership structure for apartments, townhouses, and multi-unit developments in New Zealand. Each owner holds title to their individual unit and a share of common property, managed by a body corporate.
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