Māori Status in New Zealand Law · Jurisdiction Ledger · Part 34 · Current law

What legal instrument lets the Crown or councils acquire Māori land for public works?

The Public Works Act supplies compulsory-acquisition powers and contains special machinery for Māori freehold land. The source of the power is statutory, while Māori Land Court procedures modify how some multiply owned Māori land is dealt with.

Public works law shows the difference between general governmental power and Māori-specific procedural protection.

The Public Works Act 1981 authorises the Crown and local authorities to acquire land for public works. Where Māori freehold land is multiply owned and not vested in trustees, sections such as 17 and related provisions permit applications to the Māori Land Court for representation machinery.

The power to acquire is not sourced from Māori subjecthood.It comes from the Public Works Act. Māori land status changes the procedure and can trigger Māori Land Court involvement, but it does not by itself remove the land from public-works legislation.

Jurisdiction claimed overLand required for authorised public works.

Primary instrumentPublic Works Act 1981.

Māori-specific interfaceSpecial provisions where Māori freehold land is multiply owned; interaction with Te Ture Whenua Māori Act.

Return/disposalThe Act also contains offer-back and disposal rules, with specific provisions where former Māori land is involved.

The legal issue in any particular taking is therefore not simply “is the owner Māori?” It is: was the statutory acquisition power available, were its conditions satisfied, and were Māori-land-specific requirements followed?

Primary statutePublic Works Act 1981.

← Series index · Previous · Next →