Maori Relationship with Whenua – Land

Maori have traditionally shared a special relationship with whenua [land], from which cultural, spiritual, emotional, and physical sustenance is derived. This relationship is based on the world view that Ranginui and Papatuanuku (Sky Father & Earth Mother) are the primal parents from whom Maori descend. The term tangata whenua (people of the land) to which Maori refer themselves, captures the notion that because of this kinship relationship, land and people are inseparable.

Such concepts form the basis of Maori philosophy that land in a taonga tuku iho, a treasure. It is a resource to be preserved and respected according to the principle of kaitiakitanga, (guardianship) for those generations who have gone before and those yet to follow.

Whenua encompasses all aspects of Maori life. It is a tangible link with our ancestors, our turangawaewae affording us the right to participate in community affairs. Land is not ‘owned’ but held collectively by whanau, hapu and iwi groupings, who maintain ahi ka to ensure their use and occupation rights are secured. Whakapapa, our genealogical connection, are also an integral part of this process.

Prior to 1840 Maori customary lore and practice governed all land. Of the 66 million acres held in 1840, 3 million remained in Maori control by 1901. In 2002, approximately 5% of land in New Zealand is Maori Freehold Land. As Justice Edie Durie has noted ‘much [is] on poorer land, some 7% unworkable’.

Colonisation

Since the arrival of European Settlers in the early 1800's and the signing of the Treaty of Waitangi in 1840, Maori Land has undergone radical change. Richard Boast describes that process as a 'tenurial revolution'.The Crown, faced with the dilemma of making collectively held land accessible for settlement established the Native (now Maori) Land Court was in 1865. Its purpose was to ascertain the rights held by Maori under Maori custom; then translate those rights into an individualised title recognised by the English legal system by granting a Crown grant to the ‘owners’. Although different instruments have been employed over the years, including the '10 owner rule', the Public Works Act, this method successfully facilitated the alienation process and preserved Crown control.

This system was indeed wondrous to behold. The favour of the Native Land Court for alienation of Maori Land, particularly under Governor George Grey, earned it the title of Te Kooti Tango Whenua. The flow of land out of Maori control encompassed the Ngai Tahu Land ‘purchases’ of the South Island, the Raupatu or Land confiscations that took place in Tainui, Taranaki, and Whakatohea, and the multitude of transactions and misunderstandings that the history of this nation bears witness to. Now less than 5% remains in Maori communal ownership, a negligible amount in Maori customary title.

Legislation

Te Ture Whenua Maori / Maori Land Act was implemented in 1993, replacing a century and a half of legislation that had been described by many as a ‘veritable jungle’.

Te Ture Whenua Maori Act 1993
Search Maori Land on Line
Maori Land Tenure, Issues and Opportunities. A paper prepared for the New Zealand Institute of Surveyors Annual Conference, Auckland, October, 2004 by Dr Bill Robertson.
The MAori Land Court in NZ: a historic overview. Bryan D. Gilling, Victoria University of Wellington

Land loss had direct and dramatic consequences for Maori, socially, culturally, spiritually, politically, and economically. At the turn of the 20th century due to this loss and the ravages of disease, Maori were popularly considered to be a dying race.

Significant Events - Twentieth Century

Apirana Ngata and his Young Maori Party counterparts instigated Land initiatives. Although they were responsible for the Tohunga Suppression Act 1908, Ngata was involved in the revival of kapa haka and other retention of other Maori art forms such as whakairo and tukutuku.

Second wave of Tauiwi settlement
World War One, The Depression and World War Two
1950 Maori population at 3% as a result of disease and increased Tauiwi settlement in the previous 100 years
Urbanization of the Maori population 1950s –1970s driven by Government policy
Maori population growth
Treaty of Waitangi resurgence
1970s flashpoint Bastion Point, Raglan
Matiu Rata & The TOW Act implemented establishing the Waitangi Tribunal and Treaty claims process
Fourth Labour Government Restructuring
Cultural Renaissance
Language Revitalization– Te Ataarangi, Kohanga Reo & Kura Kaupapa
Settlement Process continues

Link to Declaration of Independence, the Treaty of Waitangi and the Waitangi Tribunal.

Present Day

Te Ture Whenua Maori 1993 now governs all Maori land, which is now defined as:

Maori Customary Land, is held in accordance with tikanga Maori and has not been ceded to the Crown or granted freehold title;
Maori Freehold Land, has not been out of Maori ownership
Maori General Land is general land held by 5 or more Maori.

Setting up a Maori Land Entity

The Maori Land Court has jurisdiction over all Maori land. In contrast to previous attitudes of the Court, it now acknowledges that land is a taonga tuku iho and that the Court’s role is to facilitate owner aspirations in terms of retention and utilisation of Maori land.

If you have land interests that are not in any entity, you are not alone. Approximately 16,000 titles are in no formal management structure. Due to the convoluted nature of succession, to begin this process usually involves searching the Maori Land Court Minutes.

The next step is to convene a meeting of owners to develop a business plan and agree on your course of action. You have several choices to consider. This will depend on what you want to do with your land.

Ahuwhenua Trust – the equivalent of the old s.438 Trusts, these promote land use and administration
Whenua Topu Trust – these encompass the interests of a hapu or iwi and have often been used for settlement purposes
Whanau Trust - designed for the benefit of family members
Putea Trust – serve ‘Maori community purposes’
Kaitiaki Trust – these are set up to take care of the interests of a ‘person under disability’
Incorporation – these operate in a similar manner to a company
Reservation – are set up to serve community purposes such as marae, sports ground, or to protect waahi tapu.

This is followed by making an application to the Maori Land Court, who will determine what is in the best interests of the landowners. Check out our star charts for more info.

Issues

Maori Freehold Land is often characterised as being in small, discontinuous parcels of marginal quality; subject to multiple, often fragmented, ownership and succession. Raising finance in such circumstances has been notoriously difficult owing to the multiple nature of ownership. Financial institutions are loath to risk dealing with such complex arrangements. Garnering owner agreement on land development options is often also a challenge.

Nevertheless, it is easy to focus on what is not working and be reinforcing these issues as barriers.

The focus of the Federation has always been on creativity - what do we want to achieve, and how can we make it happen within the current regime.

Maori Land Resources

Maori Land Information Base

Maori Land Court

Land Information Service LINZ

Maori Law Review

Waitangi Tribunal

Books:

Ka Whawai Tonu Matou, na Ranginui Walker Maori Land (1987) - na George Asher & David Naulls
Maori Land Law (1999) - na R. Boast, A.Erueti ma
Te Kooti Tango Whenua (1999) – na David Williams
A New Zealand Legal History (1995) – Chapter 4 na Richard Boast