Māori Land Court

Court records are full of legal terms and te reo Māori. Knowing what the words mean makes everything after this much easier, so start here. Search for a word, or filter by group.

These meanings are in plain English and are a general guide only, not legal definitions. They are based on the Māori Land Court's own glossary and guidance.

Succession is where the story of our whenua usually starts, because it is how land passes from one generation to the next.

What succession is

Succession is the legal transfer of a person's interests (their shares) in Māori land to the people entitled to receive them after the person has passed away. Most often that means their descendants, with the land passing from a parent or grandparent to children and mokopuna.

Why it matters

Māori freehold land can have one owner or hundreds. The court says accurate succession records are what let owners make decisions together about how the land is used, for the benefit of owners, whānau and future generations. Once succession is confirmed, the whakapapa that connects a person to the land becomes part of the permanent court record, and the new owners become kaitiaki of the whenua, responsible for looking after it.

Until succession is done, the court record still shows the person who has passed as the owner. That means the people who should be part of the decisions are not on the record.

Who can apply

Usually the whānau who are inheriting the land, or the people legally authorised to manage the person's estate. A whānau member can also apply on someone else's behalf if they prefer. Whoever applies, the court researches the whakapapa and confirms all of the rightful new owners.

With a will, or without

• No will and no formal administration. You can still apply. A judge or registrar decides who is entitled and makes an order transferring the interests.
• A will, but no probate sought. You will need a certified copy of the will, so the person's wishes for their land can be considered.
• A will and High Court administration. You provide the will and the letters of administration or grant of probate.
• A grant already held. If probate, letters of administration or an election to administer has already been granted, you can apply on that basis.

Who can succeed

If there are children or descendants, they succeed. A surviving spouse or partner cannot become an owner through succession, but keeps the income from the interests and can keep living in the whānau home for life, unless they remarry, enter a civil union or de facto relationship, or give those rights up. After that, the income and the right to live in the home pass to the children or descendants.

If there are no living descendants, the court works through an order of priority. Brothers and sisters come first. If there are none, it moves to the parents (the people the land came from), then the parents' brothers and sisters, then the grandparents, and finally the closest living blood descendant of a grandparent. The court uses the whakapapa you give it to work out who has the closest connection. The court's own guide sets out the full detail.

Whāngai and adopted children

Whāngai is a custom where a child is raised by someone other than their birth parents, often a relative. Whether a whāngai child can succeed is decided by the tikanga of the relevant hapū or iwi. The court also looks at the views of whānau, any blood connection to the owner, when the child came into the owner's care, and the views of any birth children. If the child is not entitled under that tikanga, the court works with whānau toward an agreed outcome, which can include the right to live in the family home, the right to some or all of the income, or both. A legally adopted child is treated as a natural child of the person who has died and succeeds to the land, even without a blood connection.

How it works in practice

A registrar can decide simple, uncontested applications, which is less formal and usually cheaper. Simple means all the beneficiaries are the person's natural children receiving equal shares (or an earlier succession is being shared out the same way), and uncontested means nobody has objected after being notified. If it is not simple, you will be asked to attend a court sitting. There is also a separate application for further interests, such as shares that were missed or interests received from another whānau member after the first succession.

To get started, gather the person's whakapapa, including the names and contact details of their parents, siblings, children and partners. You will also need a death certificate or other proof of death, the will if there is one, written confirmation from any spouse who is giving up a lifetime right, and consents for whāngai succession where that applies.

At the time of writing the application fee is $70, and $24 for further interests of someone you have already succeeded to. Fees can change, so check the court's site. You can apply online through Pātaka Whenua, or contact the court by phone, email or post. If whānau also want to set up a whānau trust, that is a separate application with its own paperwork, including minutes from a hui agreeing to form the trust.

Once you know the words, you can start finding where our whenua sits in the court record.

Start with whānau

Before you search, work out three things with your whānau: which land blocks you might own shares in, an accurate whakapapa, and how you came to be an owner or beneficiary. Our Whakapapa page can help you find your branch, and your branch can help fill in the rest.

Search Pātaka Whenua

Pātaka Whenua is the court's online portal and holds the electronic court record. You do not need to register to search the block map, documents, ownership and the court record, and you can also make an enquiry or file an application. Registering lets you save an unfinished application, track its progress, get court notifications and download reports. The record holds current and historic ownership, block and trust information, minutes and orders, and can include historical memorial schedules, judgments, survey plans and title orders.

Some things are not part of the public record: will files, personal files (including grants of administration), adoption files, anything too old or fragile to handle safely, and anything the court has suppressed.

Look at the land itself

Tōku Whenua, on Te Puni Kōkiri's Tupu site, shows a block's boundaries on a map with aerial photos and information about its soil, water, slope and vegetation. For historical transfers, survey titles, or land that has been converted to general land, Toitū Te Whenua (Land Information New Zealand) holds the records and you can ask for copies.

Older and paper records

Most of the court record can be viewed in hard copy at the district office closest to the land. Tell them in advance which documents you want. They can email PDFs free of charge or post copies, and at the time of writing photocopies cost 20 cents per black and white page and 40 cents per colour page. Much of the old record is fragile, so it is not always possible to view the original. Call or email the office before you go. The University of Auckland's open-access Minute Books Index also covers the Native and Māori Land Court minute books from 1865 to 1910.

When you are ready to act, here is where to turn. You do not have to work it all out on your own.

Talk with your branch first

Succession and land decisions affect the whole whānau, so the best first step is kōrero. Find your branch on the Whakapapa page, look for the next Hui, or start a topic in the Forum. Topics can be kept to your own branch if you would rather talk it through there first.

Decide well together

With this many owners, how we decide matters as much as what we decide. Our Deciding together page sets out what good collective decision making looks like for Māori land, from owners' meetings and trustees to running a good hui.

Applications and forms

The court's application forms and instructions are on its website. You can apply online through Pātaka Whenua or by contacting the court by phone, email or post.

Ask the court

The court has district offices around the country and an enquiry form. If you are not sure where to start, make an enquiry through Pātaka Whenua or contact your nearest office.

Free and independent help

Community Law centres offer free initial advice, and their Māori land chapter is written in plain English. Where the Māori Trustee (Te Tumu Paeroa) has been appointed to a Māori land trust, they provide professional trustee services. For anything involving ownership, succession, trusts, whāngai or an estate someone is contesting, check with the Māori Land Court or a lawyer before you act.