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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. [14] In pre-European times, the system of Māori land ownership was based on rights to occupy and use ancestral land.
The Native Lands Act 1865 was an Act of Parliament in New Zealand that was designed to remove land from Māori ownership for purchase by settlers as part of settler colonisation. [1] The act established the Native Land Courts , individualised ownership interests in Māori land replacing customary communal ownership and allowed up to 5% of ...
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]
Te Ture Whenua Māori Act replaced the Maori Affairs Act 1953 [4] and is administered by Te Puni Kōkiri (the Ministry of Māori Development). [5] Under previous acts, like the Native Act 1894, any communally owned Māori land could be converted to freehold land (sometimes automatically).
Ngati Apa v Attorney-General was a landmark legal decision that sparked the New Zealand foreshore and seabed controversy.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]
Applicants to the Māori Land Court could apply to have land vested in trustee ownership. The Maori Affairs Amendment Act 1967 introduced compulsory conversion of Māori freehold land with four or fewer owners into general land. It increased the powers of the Māori Trustee to compulsorily acquire and sell so-called uneconomic interests in ...
Instead, Grey drafted what would later become the New Zealand Constitution Act 1852, which determined the right to vote based on land-ownership franchise. Since most Māori land was communally owned, very few Māori had the right to vote for the institutions of the colonial government. [127]
[3] [4] In the English version, Māori ceded the sovereignty of New Zealand to Britain; Māori gave the Crown the exclusive right to purchase lands they wished to sell, and, in return, Māori were guaranteed full ownership of their lands, forests, fisheries and other possessions and were given the rights of British subjects.