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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 was established in 1865 as the Native Land Court of New Zealand under the Native Lands Act. [1] The court was established to facilitate the purchase of Māori land by the Crown by converting collectively owned Māori customary land into Māori freehold land. [ 2 ]
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 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 definition of Māori land is provided by section 129 of Te Ture Whenua Māori Act 1993. The Act recognises Māori land as taonga tuku iho, a treasure to be handed down. The Māori Land Court promotes the retention and use of Māori land; and facilitates the occupation, development and use of that land. The Māori Land Court is the ...
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.
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 ...
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.