Te Ture Whenua Maori Act 1993 Flashcards
2020
4a. State the principal purpose of Part 14 as stipulated under Section 286(1) Te Ture Whenua Maori Act 1993.
- facilitate the use and occupation
- by the owners of the land owned by maori
- by rationalising (make more efficient) particular landholdings
- providing access or additional/improved access in land
The principal purpose of this Part is to facilitate the use and occupation by the owners of land owned by Maori by rationalising particular landholdings and providing access or additional or improved access to the land.
2020
4b. A partition order must comply with the provisions of the Resource Management Act 1991, except in one particular circumstance as provided for under Section 301(1) Te Ture Whenua Maori Act 1993. Explain what this particular circumstance is.
This section applies to every partition of land by the court except for a partition into
parcels to be held by owners who are members of the same hapu.
2020
4c. Section 307 Te Ture Whenua Maori Act 1993 deals with amalgamation orders - decribe how this order applies? (5)
- where the court is satisfied that any land to which this part applies
- comprises 2 or more areas held in separate titles
- can be conveniently dealt with as if it was held in common ownership under 1 title
- the court may cancel the individual titles
- make an amalgamation order substituting those titles for 1 title for the whole of the land
Section 307(1) – Where the court is satisfied that any land to which this Part applies, and that comprises 2 or more areas held in separate titles, can be conveniently worked or dealt with as if it were held in common ownership under 1 title, the court may cancel the several titles under which the land is held and make an amalgamation order substituting for those titles 1 title for the whole of the land. (1 mark)
2020
4c. Section 308 Te Ture Whenua Maori Act 1993 deals with aggregation orders - decribe how this order applies?
Section 308(1) - Where the court is satisfied that any 2 or more areas of land to which this Part applies could be more conveniently worked or dealt with if they were held in common ownership, but that there is no reason to cancel the existing titles, it may make an aggregation order vesting the area of land in the aggregate of the owners of those areas. (1 mark)
2020
4d. Pursuant to Section 315(1) Te Ture Whenua Maori Act 1993, list the categories of land the Maori Land Court may create easements over and for what purpose.
The court may—
(a) create easements over any land to which this Part applies for the purpose of being annexed to or used or enjoyed with any other land; or (1 mark)
(b) create easements over any General land for the purpose of being annexed to or used or enjoyed with any land to which this Part applies; or (1 mark)
(c) create easements in gross over any land to which this Part applies. (1 mark)
2020
4e. What consent is required under Section 317 Te Ture Whenua Maori Act 1993 before
roadways can be laid out in the following circumstances?
a) Over any Maori freehold land
b) Over General land
c) Over Crown land
d) Connecting with any State highway.
(a) The court shall not lay out roadways over any Maori freehold land unless it is…
- satisfied that the owners have had sufficient notice of the
application
- sufficient opportunity to discuss and consider it
- there is a sufficient degree of support for the application
among the owners (1 mark)
(b) The court shall not lay out roadways over any General land without the consent of each owner. (1 mark)
(c) The court shall not lay out roadways over any Crown land without the consent of the Commissioner of Crown Lands. (1 mark)
(d) The court shall not lay out roadways connecting with any State highway without the consent of the New Zealand Transport Agency and the territorial authority for the district in which the connection would be effected. (1 mark)
2020
4f. Section 320(4) Te Ture Whenua Maori Act 1993 states that no roadway shall be declared
a road or street, without the consent in writing from two authorities. Who are these two
authorities and the principal purposes of their respective control?
No roadway shall be declared a road or street pursuant to this section without the consent
in writing of—
(a) the New Zealand Transport Agency and the territorial authority for the district in
which the land is situated, in the case of a State highway or a proposed State
highway; or (1 mark)
(b) the territorial authority for the district in which the road or proposed road is
situated. (1 mark)
2020
4g. Section 326B Te Ture Whenua Maori Act 1993 allows the Court to make an order granting reasonable access to landlocked Maori land. List at least four matters that the Court must have regard to when considering an application for reasonable access that are provided in subsection (4).
(a) the nature and quality of the access (if any) to the landlocked land that existed when the applicant purchased or otherwise acquired the land; and (1 mark)
(b) the circumstances in which the landlocked land became landlocked; and (1 mark)
(c) the conduct of the applicant and the other parties, including any attempts that they may have made to negotiate reasonable access to the landlocked land; and (1 mark)
(d) the hardship that would be caused to the applicant by the refusal to make an order in relation to the hardship that would be caused to any other person by the making of the order; and (1 mark)
(e) the requirements of Part 3B of the Conservation Act 1987, if the application affects a conservation area; and (1 mark)
(f) issues of public safety raised by a rail operator, if the application affects a railway line; and (1 mark)
(g) such other matters as the court considers relevant. (1 mark)
2020
4h. State the two situations, pursuant to Section 332(1) Te Ture Whenua Maori Act 1993, where the Maori Land Court, or the Registrar, can require a survey of any Maori land to be undertaken.
- necessary for the completion of any order of the court OR for the exercise of any powers or jurisdicion of the court.
- on application by any owner of maori land.
(a) the court is of the opinion that a survey of any Maori land is necessary or expedient for the completion of any order of the court or for the exercise of any powers or jurisdiction of the court in relation to that land; or (1 mark)
(b) the court, on the application of any owner of any Maori land, makes an order requiring a survey of any Maori land to be made for any purpose, - (1 mark)
2020
4i. Section 332(1) Te Ture Whenua Maori Act 1993, also states that the Maori Land Court, or
the Registrar, may transmit to the Chief Surveyor of the district in which the land is situated
a document for such a survey to be undertaken. What is this document?
“the court or the Registrar may transmit to the Chief Surveyor of the district in which the
land is situated a requisition for such a survey, together with such particulars as to the
nature or purpose of the survey as may be necessary”.
2018
4a. State the principal purpose of Part 14 as stipulated under Section 286(1) Te Ture Whenua Maori Act 1993?
The principal purpose of this Part is to facilitate the use and occupation by the owners of land owned by Maori by rationalising particular landholdings and providing access or additional or improved access to the land.
2018
4b. There are a number of modes in which the Maori Land Court may partition land under Part 14 of this Act. List the modes of partition as stipulated under Section 290(1) Te Ture Whenua Maori Act 1993.
(a) into parcels held by single owners in severalty: (1 mark)
(b) into parcels held by 2 or more owners as joint tenants: (1 mark)
(c) into parcels held by any number of owners as tenants in common together with owners holding as joint tenants: (1 mark)
(d) into parcels held by 2 or more owners as tenants in common. (1 mark)
2018
4c. A partition order must comply with the provisions of the Resource Management Act 1991, except in one particular circumstance as provided for under Section 301(1) Te Ture Whenua Maori Act 1993. Explain what this particular circumstance is?
This section applies to every partition of land by the court except for a partition into parcels to be held by owners who are members of the same hapu.
2018
4d. Section 307 Te Ture Whenua Maori Act 1993 deals with amalgamation orders, whilst Section 308 Te Ture Whenua Maori Act 1993 deals with aggregation orders. Describe what the two orders relate to?
Section 307(1) – Where the court is satisfied that any land to which this Part applies, and that comprises 2 or more areas held in separate titles, can be conveniently worked or dealt with as if it were held in common ownership under 1 title, the court may cancel the several titles under which the land is held and make an amalgamation order substituting for those titles 1 title for the whole of the land. (1 mark)
Section 308(1) - Where the court is satisfied that any 2 or more areas of land to which this Part applies could be more conveniently worked or dealt with if they were held in common ownership, but that there is no reason to cancel the existing titles, it may make an aggregation order vesting the area of land in the aggregate of the owners of those areas. (1 mark)
2018
4e. For the purpose of providing access, or additional or improved access, pursuant to Section 316 Te Ture Whenua Maori Act 1993, describe the two situations as stated in this section that the Maori Land Court may lay out roadways?
(2) For the purpose of providing access, or additional or improved access, to any land which this Part applies, the court may lay out roadways over any other land. (1 mark)
(3) For the purpose of providing access, or additional or improved access, to any land other than land to which this Part applies, the court may lay out roadways over any land to which this Part applies. (1 mark)
