Te Ture Whenua Maori Act 1993 - Maori Land Act 1993

Purpose (2011, 2012, 2015, 2020, 2018)
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Terms in this set (12)
Purpose (2011, 2012, 2015, 2020, 2018)
The principal purpose of this part is to facilitate the use and occupation by the owners of land owned by Maori by rationalizing particular landholdings and providing access or additional or improved access to land.
What are the different modes of partition (2012, 2018, 2015, 2011)
Parcels held by:
a) single owners in severalty:
b) 2 or more owners as join tenants:
c) any number of owners as tenants in common together with owners holding as joint tenants:
d) 2 or more owners as tenants in common
A partition order my comply with provisions of RMA 1991 relating to subdivision, except when? (2011,2015,2020,2018,2012)
except for a partition into parcels to be held by owners who are members of the same hapu.
Section 308(1) deals with aggregation orders. Describe what the order relates to? (2018, 2020)
court satisfied that any land with 2 or more areas of land under separate titles, can be more conveniently worked or dealt with as if under common ownership, but 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.
Section 307(1) deals with amalgamation orders. Describe what the order relates to? (2018, 2020)
court satisfied that any land with 2 or more areas of land under separate titles, can be more conveniently worked or dealt with if it were held in common ownership under 1 title it may cancel the several titles and make an amalgamation order substituting those titles into 1 title for the whole land.
Pursuant to Section 315(1), list the categories of land that the Maori Land Court may create easements over and for what purpose?
1) Court may create:
a) easements over any land for the purpose of being annexed to or used or enjoyed with any other land; or
b) easements over any general land for the purpose of being annexed to or used or enjoyed with any other land; or
c) easement in gross over any land

2) Grant of any easement subject to conditions of payment of compensation or any other condition set by the court.

3)easment to provide access shall be accordance with succeeding provisions
For the purpose of providing access... pursuant to Section 316, describes situations as stated in this section that the Maori Land court may lay out roadways? (2018, 2015,2015,2012,2011)
for purpose of providing access, or additional or improved access ...
1) the court may, by order, lay our roadways in accordance with succeeding provisions of this part.
2) the court may layout roadways over any other land.
3) the court may layout roadways over any land to which this part applies.
4) any order laying out roadways may be a separate order, or may be incorporated in a partition order or other appropriate order of the court.
What consent/conditions is required under Section 317 before road ways can be laid out? (2012,2020,2015,2011)
a) Over any Maori Freehold land
b) over and General land
c) over any Crown land
d) connecting with any State Highway
e) customary land
f) Public road
a) Owners have had sufficient notice of application, with sufficient time to discuss and consider it, and their is a sufficient degree of support for the application amount the owners
b) Consent from each owner
c) Consent from Commissioner of Crowns Lands
d) Consent from NZTA and the TA
e) Consent from agent appoint by the court representing the interest of those ppl
f) Consent from TA
Landlocked land meaning? (2018)
means a piece of land that has no reasonable access to it and is either
a) Maori freehold land; or
b) general land owner by Maori that ceased to be Maori land under Part 1 of the Maori Affair Amendment Act 1967
Section 326B 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? (2018, 2020)
a) if the applicant purchased the land, the nature and quality of the access (if any) ti the landlocked land that existed when the applicant purchased the land; and
b) the circumstances in which the landlocked land become landlocked; and
c) the conduct of the applicant, and other parties, including attempts made to negotiate reasonable access.
d) the hardship that would be cause to the applicant in relation to the hardship cause to any other person
e) the relationship that the applicant has to the landlocked land
f) culture ad traditionally impact on applicant