Māori Status in New Zealand Law · Jurisdiction Ledger · Part 33 · Current law

Where does the Māori Land Court get jurisdiction over Māori land and succession?

The Māori Land Court is a statutory court. Te Ture Whenua Māori Act 1993 defines its jurisdiction over Māori land, succession, trusts, representation and related matters while preserving tikanga-based concepts within that statutory framework.

The Māori Land Court does not derive its present coercive jurisdiction simply from a rangatira title or from British subjecthood. It is constituted and empowered by statute.

Te Ture Whenua Māori Act 1993 continues the Māori Land Court, gives it general and special jurisdiction, and creates detailed rules for Māori freehold land, trusts, representation, administration and succession.

Part 4 provides for administration of estates. Sections 109 and following contain Māori-land succession rules, while sections 113 and 113A give the Court and Registrar authority to determine succession to beneficial interests in Māori freehold land.

This is a useful model for the whole ledger: Crown-law jurisdiction can be statutory while the rights it administers remain distinctly Māori in character.