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Appeals from the Māori Land Court are heard by the Māori Appellate Court, which consists of a panel of three (or more) judges of the Māori Land Court. [13] The Māori Land Court or the Māori Appellate Court may request an opinion on a matter of law from the High Court of New Zealand ; such decisions are binding on the Māori Land Court.
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 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]
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]
The case arose from an application by eight northern South Island iwi for orders declaring the foreshore and seabed of the Marlborough Sounds Maori customary land. [1] After lower court decisions and consequent appeals in the Maori Land Court, the Maori Appellate Court and the High Court; the Court of Appeal unanimously held that the Maori Land ...
This assistance includes aiding the delivery of court services for most of New Zealand's known courts: the Supreme Court, Court of Appeal, High Court, the 58 District Courts, the Coroners Court, Environment Court, Employment Court, and Maori Land Court. [18]
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]
In 1865 a Native Land Court was established to "define the land rights of Māori people under Māori custom and to translate those rights or customary titles into land titles recognisable under European law". [18] It has since been heavily criticised for acting as a device for removing Māori from their land.
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