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The Māori Land Court (Māori: Te Kōti Whenua Māori) is the specialist court of record in New Zealand that hears matters relating to Māori land. Established in 1865 as the Native Land Court , its purpose was to translate customary communal landholdings into individual titles recognisable under English law .
The Native Lands Act 1865 was an Act of Parliament in New Zealand that was designed to remove land from Māori ownership for purchase by European settlers as part of settler colonisation. [1] The act established the Native Land Courts , individualised ownership interests in Māori land replacing customary communal ownership and allowed up to 5% ...
Te Ture Whenua Māori Act 1993 gives the Māori Land Court the jurisdiction to consider this claim. [6] Without limiting any rights of the High Court to make determinations, the Māori Land Court may declare the particular status of any land. [7] For the purposes of the act, all New Zealand land has one of six statuses: Māori customary land
The Māori Land Court determined that it could consider the issue, but was overruled by the High Court. On 19 June 2003, New Zealand's Court of Appeal ruled in Ngati Apa v Attorney-General, amongst other matters, that: "The definition of 'land' in Te Ture Whenua Maori Act 1993 did not necessarily exclude foreshore and seabed"; [2]
In 2002, the Privy Council confirmed that the Maori Land Court, which does not have judicial review jurisdiction, was the exclusive forum for territorial aboriginal title claims (i.e. those equivalent to a customary title claim) [103] In 2003, Ngati Apa v Attorney-General overruled In Re the Ninety-Mile Beach and Wi Parata, declaring that ...
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