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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 1865 act further individualised Māori land title with no more than ten owners, meaning the many others in the hapū or whānau that had ownership and usage rights to the land essentially had those right extinguished. [4] The Native Land Court was also known as Te Kooti Tango Whenua, The Land Taking Court. [5]
Māori expressed their frustration about continuing violations of the treaty and subsequent legislation by government officials, as well as inequitable legislation and unsympathetic decisions by the Māori Land Court alienating Māori land from its Māori owners. [13]
The New Zealand land confiscations took place during the 1860s to punish the Kīngitanga movement for attempting to set up an alternative Māori form of government that forbade the selling of land to European settlers. The confiscation law targeted Kīngitanga Māori against whom the government had waged war to restore the rule of British law.
The Native Land Court (later renamed the Māori Land Court) was established under the Native Lands Act 1865, which also finally abolished the Crown right to pre-emption. It was through this court that much Māori land was alienated, and the way in which it functioned is much criticised today. [156]
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
Frederick Edward Maning (5 July 1812 – 25 July 1883) was an early settler in New Zealand, a writer, and a judge of the Native Land Court. He published two books under the pseudonym of "a Pakeha Maori."
The hearing was heard by Maori Land Court Judge Miharo Armstrong along with Tribunal members Ron Crosby and Pou Temara. On the first day, Treaty of Waitangi lawyer Tom Bennion criticised the Government for its perceived "two-faced" approach towards Māori and seeking to undermine Māori customary marine claims. [ 62 ]