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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
Initially the appellants had sought customary ownership of the riverbed in the Maori Land Court.But the claim was blocked by the 1962 Court of Appeal decision, Re the Bed of the Wanganui River [1962] NZLR 600 which, "assumed that ownership of the riverbed had been determined, and customary rights extinguished, when ownership of the neighbouring riverbank was investigated by the Native Land Court.
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 ...
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]
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The boundaries of the territory under Te Kahu-o-te-Rangi's control became important in disputes about land ownership before the Maori Land Court in the late nineteenth and early twentieth centuries. According to a Ngāti Pāhauwera account given by Wepiha Te Wainohu in 1879, Te Kahu-o-te-rangi decided to lay down his boundary, starting on the ...