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Maori Land

Maori Land is land which is subject to the Te Ture Whenua Act 1993. It is also land that is registered at the Maori Land Court. 
Not all Maori land has a certificate of title which means that is cannot be searched at the Land Transfer Office. If it does have a title, it will have a memorial registered on it stating that it is Maori Land. If the status has been changed recently by the Maori Land Court, the change may not have been registered on the title. It is worth checking with the Maori Land Court if it is important to know the status.

If Maori land does not have a certificate of title, it may not have been surveyed. Multiply owned Maori land is where there are 3 or more owners. 
If there are one or two owners it is “solely” owned. Maori land is treated differently in the Rating Powers Act 1988. 

Land owned by Maori that does not have Maori status, for example general land, is treated as if it did have Maori status where the land is seceded to by all issue (children). It therefore becomes multiply owned but technically with general status.

General Land

General Land in this context is land that is not subject to the Te Ture Whenua Act 1993.

Papakainga Land 

Housing development which can only occur on multiply owned Maori land or ancestral land.

Partition

Partition in this context is the division of multiple owned Maori Land subject to the Te Ture Whenua Act 1993. Partitioning land is similar to subdividing land, however this process is done through the Maori Land and not the local authority. Application forms for partition can be obtained at the Maori Land Court.

Trust

What is a Trust? Simply, it is a group of trustees or a body nominated by the owners to manage their shares in the land or to deal with the land as a whole. When granted by the Court, the Trust is deemed the legal owner. For more information about trusts, refer to Setting up a Trust below: 

How is a Trust set up? 
An application can be made to the Maori Land Court by any interested owner.

 A trustee or member of the community of management of an incorporation can make applications in regard to the setting up of a Putea Trust. Nominations for trustees are not officially appointed until granted by the court. 

How many types of Trust are there? 
There are five types of trusts: 

• Ahu Whenua Trusts –These are established over the whole of the land. This trust is similar to the former Section 438/53 trusts. They are available to promote development and assist the use and administration of land in the interests of owners. This type of trust continues individuals' rights to succession. Existing Section 438 trusts are deemed under the Te Ture Whenua Maori Act 1993 as Ahu Whenua Trusts.
• Whanau Trusts –These are established over shares, in one or more blocks of land. Alternatively, they could be established over the whole of the land. This trust is designed to enable whanau to pool together their shareholdings. A Whanau Trust is established in the name of a common tupuna/ancestor (living or deceased) to the owners of the shares. The assets and income of the trust are then used for the benefit of the descendants of the tupuna/ancestor named in the Court order.
• Whenua Topu Trusts – Theses are established over the whole of the land for the benefit of an iwi or hapu. The assets and income of the trust are held for “Maori Community Purposes” for the general benefit of the members or descendants of the iwi or hapu. No person can secede to any interest in a Whenua Topu Trust. However, holders of large interests in the land which are to be put into such a trust may apply to the Court to have those interests held for particular people. Income from those interest will then be paid to those specific people and their successors.
• Kai Tiaki Trusts – These can be set up for an individual who is unable to manage their own affairs through disability (e.g., a minor, a mentally ill or disabled person, or a person held in an institution or penal institution). Trusts already established for persons under disability through the Maori Affairs Act 1953 will continue under the Te Ture Whenua Maori Act 1993 as if they were Kai Tiaki Trusts. This trust can be established for interests in any land and any personal property to which the person, owns, or is entitled to, which will be specified by the Court order.
• Putea Trusts – These may be established to deal with interest in Maori land or shares in a Maori incorporation or General land owned by Maori. (This is defined as at least five owners whom the majority are Maori). These trusts will deal with small land holdings which have become difficult to administer as separate interests or shareholdings whose owners cannot be identified or located. Before applying the Maori Land Court to form a Putea Trust, the applicant(s) must attempt to inform the owners of the shares in question, and give those owners sufficient opportunity to consider the matter, or in the case of a fixed minimum share unit such a resolution must be passed at a general meeting of the owners.

Occupation Order 

An occupation order is issued by the Maori Land Court to an owner or shareholder of multiply owned Maori Land to occupy land for which they have shares or own. 
Refer to Section 328/93 of the Te Ture Whenua Act . This section outlines when a person in actual occupation of land is liable for rates.

Licence to Occupy 

This is the right to occupy multiply owned Maori Land, the right is issued by the Ahu Whenua Trust and registered in the Maori Land Court.

Statute Barred Rates

When rates on Maori land, or General land have not been paid, they become Statute Barred. Statute Barred rates are rates that have been levied 6 or more years before, and where no legal action has been taken for recovery. 

Statute Barred rates are identified and written off early in July each year.  A note “Write-off Statute Barred” will be attached to the account showing full amount of rates and penalties written off, and the year it applies to. Section 142 of the Rating Powers Act 1988 prevents any legal action being taken for recovery of rates that were levied more than 6 years ago.

Apportionments/Strata Rating

Occupiers and some owners like to have their own separate accounts to pay their rates. They want to receive a rate demand that they are responsible for, only. They want the payments they make to show on their account. Under the provisions of the Rating Powers Act 1988, anyone who has a Papakainga Housing licence on Maori Land is not an occupier in their own right because of the term on these licences. The terms of the licences are generally for terms of 30 years, or “life”. As “life” is an uncertain term, the licences do not fit the definition of ratepayer

Description of Strata Assessments 

Strata assessments are not the rates account, but an apportionment of the rates account. They are set up in an occupier's or owner's name for their share/percentage of the rates that it is agreed they are responsible for.

Generally, this is outlined in the Occupation Order.

Uniform Annual charges will be levied as a percentage of the total charge. Land value based charges will be levied on the land value for the strata assessment. The land value will be apportioned from the parent assessment on the agreed percentage. Rate demands will be sent to the strata occupier which will show only their share of the rates and their payments etc.

Debt collection will be taken against the strata occupier in the first instance, then if there is refusal or neglect to pay by the shareholder or occupier, the trust if any or other owners will become liable for any legal action.

Maori Reserve 

A Maori Reserve constituted under Section 439 of the former Maori Affairs Act 1953 or Section 338 or Section 340 of the Te Ture Whenua Maori Act 1993.

Maori Land Court

The Maori Land Court (MLC) was constituted under Te Ture Whenua Maori Land Act 1993, and has legal authority to hear matters relating to Maori land.

 The function of MLC is to contribute to the administration of Maori land, the preservation of Maori taonga (treasures), and the promotion of the management of Maori land by its owners by maintaining the records of title and ownership information of Maori land. 

The principle areas of its authority are: 

• Appointment of trustees to carry out certain functions for the benefit of the beneficial owners.
• Succession vesting orders in respect of interests in Maori land.
• Partition and vesting orders transferring of gifting land or interests in land.
• Orders creating incorporations of Maori land owners.
• Powers to call meetings of owners to consider alienation of use of Maori land.
• Confirmation of alienation of Maori Land.
• Charging orders in respect of rates owing.
• Appointment of agents for various purposes.

Quotable Value NZ Limited

QVNZ was formed in July 1998 and is NZ's largest valuation and property information company.

 QV is divided into 3 business groups:

1.  QV Valuations - valuation of NZ properties
2.  QV Online - sales and valuation information on NZ properties
3.  QV Rating - conduct valuations for rating purposes for local authorities

Office of the Maori Trustee 

The position of the Maori Trustee was created in 1921 to look after Maori land. The Maori Trust Office can arrange for land to be leased, collect rental, pay out rental to owners, regularly check how well the tenant is looking after the land, arrange meetings of owners, and other tasks owners may require.

The Maori Trust Office manages over 2,200 leases for over 100,000 owners and keeps a list of owners' names and addresses for the land it manages. It gives owners a say in how their land is managed and answers their questions about their land and money.