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New Zealand Land Ownership Laws

The term «general land» refers to ordinary land owned by private owners, and the category «general land owned by Maori» refers to general land now owned either by a Maori or by a group of people, the majority of whom are Maori. The Land Transfer Act 2017 contains extensive regulatory powers to support the management of the land registration system, as provided for in Article 227. When the Act came into force, it repealed the Land Transfer Regulations 2002 and replaced the Land Transfer Act 1952. The court replaced a system that had been established in 1862. Under the Aboriginal Lands Act of that year, settlers were able to purchase Maori land directly for the first time since the mid-1840s. Maori played a major role in the decision on land ownership. Eleven Maori became judges of the local court system, which was tried with some success in the north. All this changed after 1865. Maori judges were reduced to assessors and no longer played a decisive role in Maori customary cases. New Zealand`s successful handling of the coronavirus pandemic, coupled with its rapid economic recovery, has sparked renewed interest in the country`s property market among foreign buyers. This system establishes and maintains the integrity of land ownership and interests in New Zealand. These include cadastral surveys and geodetic subsystems. In August 2018, the government amended the Law Amending the Foreign Investment Law, which prohibits most non-resident foreigners from buying existing homes by classifying such properties as «sensitive land» and introducing a residency test.

The law preserves the foundations of our Torrens-based land registry system. In this way, registered landowners continue to benefit from state-guaranteed property protection, which is supported by a statutory compensation system. The legislation makes it possible to manage and update the register in a digital environment, so that it is able to adapt to changes in working practices for the transfer of ownership and land registration, as well as to technological developments. This is land where Maori customary rights have been converted to property rights by the Maori Land Court or its predecessors by a freehold order. This land has never belonged to the Maori. Most Maori land titles were created by the county courts in the 19th and early 20th centuries to convert communal property into individual titles. Freehold Maori land remains Maori land until the Maori Land Court changes its status. The way in which the land titles were issued testifies to this. Parliament tried to ensure that the 10 named owners of a parcel of land were the trustees of the rest of their tribe.

The first Chief Justice, Francis Dart Fenton, simply ignored that. He believed that this type of community property was not the purpose of the 1865 Act. As a result, large numbers of Maori have been deprived of their land. Maori communities have formed their own tribal committees as an alternative to the Indigenous Land Court. The Crown has recognized them only as advisory bodies to the Court. The Land Transfer Act 2017 (the Act) governs how land ownership is registered in New Zealand. The law simplified the previous legislation to make it more accessible, while maintaining the security of property rights and allowing electronic management of the registry. There are two types of «Maori land»: Maori land and usual Maori land. However, a third category of land – general Maori land – is also subject to certain provisions of the Te Ture Whenua Māori Act. The 1835 signing was a temporary British attempt with the Maori to prevent the French from claiming the Northland/Ngapuhi land as a state – and was not officially recognised by Britain as a sovereign basic document, and those who signed it made it obsolete by signing the Treaty of Waitangi of 1840. The latter document replaced it when they relinquished sovereignty in exchange for the rights of British citizens, and Kawanatanga, i.e.

control of their lands and property, and Te Tiro Rangatiratanga, control of their fate and the right to negotiate with the crown. New Zealand: Passage of a bill banning foreigners from buying houses. 2018. Website. However, foreigners with residency status in New Zealand are not affected by the ban, as are Australian and Singaporean nationals due to existing free trade agreements between the countries. Freehold, also known as fee simple, is the most common type of property in New Zealand. Developers and local authorities also have a role to play in the system. For example, developers apply for subdivision or rezoning of land for resale or construction, and territorial authorities accept the subdivision and approve property plans.

Even successful plaintiffs found that it was so expensive to obtain titles (including court fees and payments to lawyers, interpreters, appraisers, hoteliers, etc.) that they had to sell a portion of the shares of the land allocated to them. Debt traps have become a standard technique for unscrupulous land speculators, and there have been many fraudulent transactions. The Land Transfer Regulations 2018 prescribe various matters necessary for the management of the land registration process, including: Admittedly, there is a long history of Maori protests in New Zealand involving people from several tribes (iwi) (such as Indians, Maori consist of many different groups) and various issues, including land rights and resource conservation; cultural and language rights; and broader claims related to self-determination and historical and modern violations of the Treaty of Waitangi signed by the British Crown and Maori in 1840. Excellent article. I was wondering whether Maori in New Zealand generally retained ownership of local resources or whether investment went through the state apparatus. The amendments apply to persons who are not ordinarily resident in New Zealand or who are not New Zealand citizens. The definition of «habitual residence in New Zealand» in the bill includes persons who hold a residence category visa and who have resided in New Zealand for at least twelve months.