Building on Māori land
In the case of Māori freehold land, there may be multiple registered owners based on Māori Land Court records, and being an owner does not always mean that the applicant has a right to build. Before a building consent may be processed, Council requires proof that an applicant has a right to build on the land.
Your questions answered:
If some of the registered/legal owners are unable to provide written permission, proof must be provided of this. For example, in the case of deceased owners, death certificates must be provided.
A licence to occupy may grant an individual permission to occupy a house site on Māori freehold land. The agreement is sought directly with the registered owners, the Trustees, or the Incorporation’s Management Committee, and the licence to occupy is registered with the Māori Land Court.
Information about obtaining a licence to occupy can be found through the following link:
An occupation order grants people the right to occupy a house site on Māori freehold land and is granted by the Māori Land Court.
Information about applying for an occupation order can be found through the following link:
License to build or occupy on Maori freehold land
If the information above can’t be supplied at the time of application, the application will be deemed to be incomplete and returned clearly advising the nature of the incomplete or incorrect information and that the application will be required to be resubmitted.
Please visit building consents and information for further information on building consent applications.
If you have a question not listed here, please get in touch with us at 0800 920 029 or at ask.us@fndc.govt.nz with any queries, and our staff would be happy to help.
Resource Consents:
It is likely that your whenua will require a resource consent to be developed on. The Operative District plan outlines the requirements for developing Maori Freehold Land. Click here for further information.
A resource consent is a consent to do something that would otherwise breach a rule in a Resource Management Act plan or regulation. District Councils process resource consent applications for subdivision and landuse. The Resource Management Act and the Far North District Plan set out the matters the Council must consider when processing applications.
A pre-application or concept development meeting is an opportunity for you to discuss your proposed project with Council staff. Pre-application meetings are available for projects requiring building consents and/or resource consents. A building consent establishes that your planned building work complies with Building Act 2004 and the building code. A resource consent is a consent granted under the Resource Management Act 1991 for activities that are not permitted activities. You may need one or both types of consents for your proposal.
A concept development meeting can be especially helpful at design stage for:
- Large scale or complex subdivisions
- Change of use (e.g. residential home into a shop)
- Commercial (including commercial activities adjoining living zones)
You may also consider applying for a project information memorandum (PIM) to obtain Council records relevant to your proposal.
Building Consents:
In the case of Māori freehold land, there may be multiple registered owners based on Māori Land Court records, and being an owner does not always mean that the applicant has a right to build. Before a building consent may be processed, Council requires proof that an applicant has a right to build on the land.
To make sure that Council issues building consents only to those who have a right to build, one of the following is required when applying for a building consent on Māori freehold land:
- Written authorisation (e.g. minutes of meeting, consent form with all signatories) from the Trustees of the land or Incorporation’s Management Committee
- Written authorisation of all/the majority of registered/legal owners
- A licence to occupy issued by the Trustees of the land or Incorporation’s Management Committee that encompasses the building proposal
- An occupation order issued by the Māori Land Court that encompasses the building proposal.
Staff follow a clear step-by-step process when processing building consents for Māori freehold land. This process is continuously monitored and reviewed to ensure that nothing slips through the cracks so that we can continue to enable development on Māori freehold land.