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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]
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 the 1920s, land commissions investigated the grievances of hapū whose land had been confiscated or otherwise fraudulently obtained in the previous century, and many were found to be valid. [11] By the 1940s, settlements in the form of modest annual payments had been arranged with some hapū.
Shortly after the decision, Eddie Durie, Chief Judge of the Maori Land Court said, "Until the Court of Appeal decision two years ago which halted the transfer of assets to state-owned enterprises, Maori people had not won a case since 1847. You had a sort of judicial scoreboard - Settlers: 60, Maori: 1." [12] Glazebrook J has described the case ...
Fact Check: Members of Parliament in New Zealand representing the Maori people, labeled as Te Pāti Māori, interrupted a reading of the ‘Treaty Principles Bill’ on Thursday, November 14th ...
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 ]