Hon Te Ururoa Flavell

Te Minita Whakawhanake Māori

Minister for Māori Development

31 March 2017

Ture Whenua Māori Bill to address inequities in Māori land law

Minister for Māori Development Te Ururoa Flavell has announced changes that address inequities in the current Māori land law and further strengthen the protection mechanisms for Māori land.

These changes emphasise the three pou or key principles of Te Ture Whenua Māori Bill - taonga tuku iho, mana motuhake and whakawhanake.

“Taonga tuku iho, will enhance protections to ensure that the remaining Māori land stays in Māori hands, while mana motuhake will provide Māori land owners with greater autonomy to make decisions about their land and whakawhanake will provide better support to land owners to develop their land.”

The changes include amendments to the Public Works Act 1981, rating of Māori land and the Family Protection Act 1955.

“The taking of land for public works has had a significant impact on Māori land. In the past, legislation allowed easier acquisition of Māori land with less access to compensation reducing Māori land to just over 5% of all land.
“The changes to the Public Works Act 1981 will require authorities to have a strong justification to acquire Māori land, and where possible the amount of land taken and the interest in the land should be minimised,” Mr Flavell says.

“Changes to the offer back process in the Public Works Act will also mean more former Māori land can be returned to Māori ownership if it becomes surplus.”

Rating of Māori land is a long standing issue that relates to land tenure and land use.

“The changes to rating will provide for papakāinga housing on marae to be non-rateable for up to two dwellings. This recognises the role of papakāinga in supporting the operation of the marae on which they are located.”

Mr Flavell says Te Ture Whenua Māori legislation will now restore the Māori Land Court’s jurisdiction under the Family Protection Act 1955 and confer jurisdiction under the Law Reform (Testamentary Promises) Act 1949 when claims relate to estates with interests in Māori freehold land.

“Judges of the Māori Land Court have a close understanding of the dynamics of Māori families and society enabling them to bring expertise and empathy to the determination of claims of this kind. The Māori Land Court’s jurisdiction would be concurrent with the existing jurisdiction of the High Court and Family Court and would be subject to the same conditions as the Family Court’s jurisdiction,” Mr Flavell says.

The primary objective of the Ture Whenua reforms is keeping Māori land in Māori ownership for future generations and supporting owners’ aspirations for their land.

“The new legislative powers, and a dedicated Māori Land Service will enable Māori to carve a new and bold pathway for the future removing barriers and addressing issues that for years have unfairly alienated owners from their land and restricted the development of Māori land,” Mr Flavell says.

ENDS

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