Glossary of Terms
Alienation
The transfer of Māori Land out of Māoriownership. The Māori Land Court’s web site1 gives the following definition: “Alienation is when landowners grant certain rights of their land to another person. For example: selling land gives the new owner the ownership rights; leasing land gives the lessee a limited right to occupy land in return for payment of rent (and other conditions); …”
Fiduciary
The Māori Trustee’s decisions in relation to his clients’ investment funds. We do not comment on this aspect of the Trustee’s role in the report.
General Land
Land (other than Māori Freehold Land and General Land owned by Māori) that has been alienated from the Crown. General Land is registered under the Land Transfer Act 1952 in the Land Titles Registry administered by Land Information New Zealand.
Judiciary
The Māori Land Court Judges.
Māori Customary Land
Land that is held by Māori in accordance with tikanga Māori.
Māori Freehold Land
Land, the beneficial ownership of which the Māori Land Court has Land determined by freehold order (that is, the Court has created a title for the land and determined the beneficial owners to that land), and land that, for any reason, held the status of Māori Freehold Land when Te Ture Whenua Māori Act 1993 came into force. Freehold titles are often divided by a Partition Order. The land retains the status of Māori Land and will continue to be Māori Land unless and until the Māori Land Court makes an order changing the status of the land. Most Māori Land is of this type.
Māori Land
This term is used throughout the report to refer to Māori Freehold Land and Māori Customary Land, as distinct from General Land owned by Māori.
Māori Land sector
We use this collective term to describe government agencies with sector an involvement in Māori Land issues. These agencies include the Ministry of Māori Development Te Puni Kōkiri and Land Information New Zealand.
Māori Land system
The Māori Land system is a product of history – arising from the system efforts of past governments to reconcile customary Māori communal ownership of land with an individual title system based on British land laws. In the context of this report, we use the term to include all matters relating to the ownership and administration of Māori Land.
Partition
The separation of a parcel of Māori Freehold Land into two or more parcels, with new titles being created for each parcel. This is done by the Māori Land Court through a Partition Order.
raupatu
Confiscation of land by the Crown in accordance with the New Zealand Settlements Act 1863.
taonga tuku iho
A treasure to be handed down.
tikanga Māori
Māori customary values and practices.
wahi tapu
Land set apart as being a place of special significance according to tikanga Māori.
1: http://www.justice.govt.nz/maorilandcourt/glossary.htm#ax
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