5.0 Parts 14 and 16 Te Ture Whenua Maori Act 1993

Question 1

According to Section 286 what is the purpose of Part 14 of the Act?

Answer 1

286 Purpose of this Part
(1) The principal purpose of this Part is to facilitate the use and occupation by the owners of land owned by Maori by rationalising particular landholdings and providing access or additional or improved access to the land.

Question 2

Pursuant to Section 301 a partition order must comply with the provisions of the Resource Management Act 1991 with one exception. What is the exception?

Answer 2

301 Compliance with provisions of Resource Management Act 1991 relating to subdivisions
(1) This section applies to every partition of land by the court except for a partition into parcels to be held by owners who are members of the same hapu.

Question 3

Pursuant to Section 290 in making a partition order the Maori Land Court may partition land in a number of ways. List the modes of partition

Answer 3

290 Modes of partition

(1) The court may partition any land under this Part in any 1 or more of the following ways:
(a) into parcels held by single owners in severalty:
(b) into parcels held by 2 or more owners as joint tenants:
(c) into parcels held by any number of owners as tenants in common together with owners holding as joint tenants:
(d) into parcels held by 2 or more owners as tenants in common

Question 4

Section 315 allows the Maori Land Court to create easements over different categories of land in favour of others. List the categories of land over which the Court can grant an easement, and the category of land, or person, who may benefit in each case

Answer 4

315 Court may create easements

(1) The court may
(a) create easements over any land to which this Part applies for the purpose of being annexed to or used or enjoyed with any other land; or
(b) create easements over any General land for the purpose of being annexed to or used or enjoyed with any land to which this Part applies; or
(c) create easements in gross over any land to which this Part applies.
(2) The grant of an easement under this section may be made subject to a condition for the payment of compensation in respect of the grant, or to any other conditions that the court may impose.
(3) Where an easement is granted under this section for the purpose of providing access to any other land, the grant of the easement shall be made in accordance with the succeeding provisions of this Part.

Question 5

For the purpose of providing access, or additional or improved access, and pursuant to Section 316 of Part 14, describe two situations where the Maori Land Court may lay out roadways.

Answer 5

316 Court may lay out roadways

(1) For the purpose of providing access, or additional or improved access, the court may, by order, lay out roadways in accordance with the succeeding provisions of this section and of this Part.
(2) For the purpose of providing access, or additional or improved access, to any land to which this Part applies, the court may lay out roadways over any other land.
(3) For the purpose of providing access, or additional or improved access, to any land other than land to which this Part applies, the court may lay out roadways over any land to which this Part applies.
(4) Any order laying out roadways may be a separate order, or may be incorporated in a partition order or other appropriate order of the court

Question 6

What conditions must be met under Section 317 before roadways can be laid out in the following circumstances?

• Over any Maori Freehold Land
• Connecting with any State Highway
• Over general land
• Over any Crown Land

Answer 6

317 Required consents

(1) The court shall not lay out roadways over any Maori freehold land unless it is satisfied that the owners have had sufficient notice of the application to the court for an order laying out roadways and sufficient opportunity to discuss and consider it, and that there is a sufficient degree of support for the application among the owners, having regard to the nature and importance of the matter.
(2) The court shall not lay out roadways over any customary land without the consent of an agent appointed by the court pursuant to Part 10 to represent the interests of those persons who may be entitled to apply for a freehold order in respect of the application for an order laying out roadways.
(3) The court shall not lay out roadways over any General land without the consent of each owner.
(4) The court shall not lay out roadways over any Crown land without the consent of the Commissioner of Crown Lands.
(5) The court shall not lay out roadways connecting with any State highway without the consent of the New Zealand Transport Agency and the territorial authority for the district in which the connection would be effected.
(6) The court shall not lay out roadways connecting with any public road without the consent of the territorial authority for the district in which the connection would be effected.
(7) Notwithstanding anything in subsections (5) and (6), where a roadway is laid off as part of a partition to which section 301 applies, a separate consent to the laying out of the roadway shall not be required from the territorial authority for the district in which the land to be partitioned is situated.

Question 7

State the principal purpose of Part 14 as stipulated under Section 286(1) Te Ture Whenua Maori Act 1993?

Answer 7

The principal purpose of this Part is to facilitate the use and occupation by the owners of land owned by Maori by rationalising particular landholdings and providing access or additional or improved access to the land

Question 8

There are a number of modes in which the Maori Land Court may partition land under Part 14 of this Act. List the modes of partition as stipulated under Section 290(1) Te Ture Whenua Maori Act 1993.

Answer 8

(a) into parcels held by single owners in severalty:
(b) into parcels held by 2 or more owners as joint tenants:
(c) into parcels held by any number of owners as tenants in common together with owners holding as joint tenants:
(d) into parcels held by 2 or more owners as tenants in common.

Question 9

A partition order must comply with the provisions of the Resource Management Act 1991, except in one particular circumstance as provided for under Section 301(1) Te Ture Whenua Maori Act 1993. Explain what this particular circumstance is?

Answer 9

This section applies to every partition of land by the court except for a partition into parcels to be held by owners who are members of the same hapu.

Question 10

Section 307 Te Ture Whenua Maori Act 1993 deals with amalgamation orders, whilst Section 308 Te Ture Whenua Maori Act 1993 deals with aggregation orders. Describe what the two orders relate to?

Answer 10

Section 307(1) – Where the court is satisfied that any land to which this Part applies, and that comprises 2 or more areas held in separate titles, can be conveniently worked or dealt with as if it were held in common ownership under 1 title, the court may cancel the several titles under which the land is held and make an amalgamation order substituting for those titles 1 title for the whole of the land.
Section 308(1) - Where the court is satisfied that any 2 or more areas of land to which this Part applies could be more conveniently worked or dealt with if they were held in common ownership, but that there is no reason to cancel the existing titles, it may make an aggregation order vesting the area of land in the aggregate of the owners of those areas.

Question 11

For the purpose of providing access, or additional or improved access, pursuant to Section 316 Te Ture Whenua Maori Act 1993, describe the two situations as stated in this section that the Maori Land Court may lay out roadways?

Answer 11

(2) For the purpose of providing access, or additional or improved access, to any land which this Part applies, the court may lay out roadways over any other land.
(3) For the purpose of providing access, or additional or improved access, to any land other than land to which this Part applies, the court may lay out roadways over any land to which this Part applies.

Question 12

Provide the meaning of “landlocked land” as defined under Section 326A Te Ture Whenua Maori Act 1993 and the two types of land it applies to?

Answer 12

“Landlocked land” means a piece of land that has no reasonable access to it and is either

(a) Maori freehold land: or
(b) General land owned by Maori that ceased to be Maori land under Part 1 of the Maori Affairs Amendment Act 1967.

Question 13

Section 326B Te Ture Whenua Maori Act 1993 allows the Maori Land Court to make an order granting reasonable access to landlocked Maori land. List four of these matters that the Court must have regard to when considering an application for reasonable access that are provided in subsection (4)

Answer 13

(a) the nature and quality of the access (if any) to the landlocked land that existed when the applicant purchased or otherwise acquired the land; and
(b) the circumstances in which the landlocked land became landlocked; and
(c) the conduct of the applicant and the other parties, including any attempts that they may have made to negotiate reasonable access to the landlocked land; and
(d) the hardship that would be caused to the applicant by the refusal to make an order in relation to the hardship that would be caused to any other person by the making of the order; and
(e) the requirements of Part 3B of the Conservation Act 1987, if the application affects a conservation area; and
(f) issues of public safety raised by a rail operator, if the application affects a railway line; and
(g) such other matters as the court considers relevant.

Question 14

State the principal purpose of Part 14 as stipulated under Section 286(1) Te Ture Whenua Maori Act 1993

Answer 14

The principal purpose of this Part is to facilitate the use and occupation by the owners of land owned by Maori by rationalising particular landholdings and providing access or additional or improved access to the land

Question 15

A partition order must comply with the provisions of the Resource Management Act 1991, except in one particular circumstance as provided for under Section 301(1) Te Ture Whenua Maori Act 1993. Explain what this particular circumstance is.

Answer 15

This section applies to every partition of land by the court except for a partition into parcels to be held by owners who are members of the same hapu.

Question 16

Section 307 Te Ture Whenua Maori Act 1993 deals with amalgamation orders, whilst Section 308 Te Ture Whenua Maori Act 1993 deals with aggregation orders. Describe how the two orders apply?

Answer 16

Section 307(1) – Where the court is satisfied that any land to which this Part applies, and that comprises 2 or more areas held in separate titles, can be conveniently worked or dealt with as if it were held in common ownership under 1 title, the court may cancel the several titles under which the land is held and make an amalgamation order substituting for those titles 1 title for the whole of the land.
Section 308(1) - Where the court is satisfied that any 2 or more areas of land to which this Part applies could be more conveniently worked or dealt with if they were held in common ownership, but that there is no reason to cancel the existing titles, it may make an aggregation order vesting the area of land in the aggregate of the owners of those areas.

Question 17

Pursuant to Section 315(1) Te Ture Whenua Maori Act 1993, list the categories of land the Maori Land Court may create easements over and for what purpose.

Answer 17

The court may

(a) create easements over any land to which this Part applies for the purpose of being annexed to or used or enjoyed with any other land; or
(b) create easements over any General land for the purpose of being annexed to or used or enjoyed with any land to which this Part applies; or
(c) create easements in gross over any land to which this Part applies

Question 18

What consent is required under Section 317 Te Ture Whenua Maori Act 1993 before roadways can be laid out in the following circumstances?

a) Over any Maori freehold land
b) Over General land
c) Over Crown land
d) Connecting with any State highway.

Answer 18

(1) The court shall not lay out roadways over any Maori freehold land unless it is satisfied that the owners have had sufficient notice of the application to the court for an order laying out roadways and sufficient opportunity to discuss and consider it, and that there is a sufficient degree of support for the application among the owners, having regard to the nature and importance of the matter.
(3) The court shall not lay out roadways over any General land without the consent of each owner.
(4) The court shall not lay out roadways over any Crown land without the consent of the Commissioner of Crown Lands.
(5) The court shall not lay out roadways connecting with any State highway without the consent of the New Zealand Transport Agency and the territorial authority for the district in which the connection would be effected

Question 19

Section 320(4) Te Ture Whenua Maori Act 1993 states that no roadway shall be declared a road or street, without the consent in writing from two authorities. Who are these two authorities and the principal purposes of their respective control?

Answer 19

No roadway shall be declared a road or street pursuant to this section without the consent
in writing of
(a) the New Zealand Transport Agency and the territorial authority for the district in which the land is situated, in the case of a State highway or a proposed State highway; or
(b) the territorial authority for the district in which the road or proposed road is situated.

Question 20

Section 326B Te Ture Whenua Maori Act 1993 allows the Court to make an order granting reasonable access to landlocked Maori land. List at least four matters that the Court must have regard to when considering an application for reasonable access that are provided in subsection (4)

Answer 20

(a) the nature and quality of the access (if any) to the landlocked land that existed when the applicant purchased or otherwise acquired the land; and
(b) the circumstances in which the landlocked land became landlocked; and
(c) the conduct of the applicant and the other parties, including any attempts that they may have made to negotiate reasonable access to the landlocked land; and
(d) the hardship that would be caused to the applicant by the refusal to make an order in relation to the hardship that would be caused to any other person by the making of the order; and
(e) the requirements of Part 3B of the Conservation Act 1987, if the application affects a conservation area; and
(f) issues of public safety raised by a rail operator, if the application affects a railway line; and
(g) such other matters as the court considers relevant.

Question 21

State the two situations, pursuant to Section 332(1) Te Ture Whenua Maori Act 1993, where the Maori Land Court, or the Registrar, can require a survey of any Maori land to be undertaken.

Answer 21

(a) the court is of the opinion that a survey of any Maori land is necessary or expedient for the completion of any order of the court or for the exercise of any powers or jurisdiction of the court in relation to that land; or
(b) the court, on the application of any owner of any Maori land, makes an order requiring a survey of any Maori land to be made for any purpose,

Question 22

Section 332(1) Te Ture Whenua Maori Act 1993, also states that the Maori Land Court, or the Registrar, may transmit to the Chief Surveyor of the district in which the land is situated a document for such a survey to be undertaken. What is this document?

Answer 22

“the court or the Registrar may transmit to the Chief Surveyor of the district in which the land is situated a requisition for such a survey, together with such particulars as to the nature or purpose of the survey as may be necessary”