How the Māori Protection Mechanism works
When a government department wants to sell land it no longer needs, it must first make sure it has met any legal and policy obligations the Crown has as the owner of the land.
Who does what?
Toitū Te Whenua
- Manages properties in the Treaty Settlement Landbank. Properties come into the landbank when a government department decides it no longer needs them and there is the possibility that they could be used as either cultural or commercial redress in a Treaty settlement. There are more than 900 properties in the landbank, including former prisons, hospitals and schools, as well as houses.
- Manages the property on behalf of the Crown. This property is part of a portfolio of properties held for Treaty settlement.
- Includes information about the landbank on its website on behalf of Te Arawhiti.
- Supports government departments that want to sell land they no longer need. This includes making sure the department has met any legal and policy obligations the Crown has as the owner of the land.
- Maintains and manages properties until the Treaty settlement is completed. In some situations this includes renting out properties and maintaining the property.
Te Arawhiti
- Manages the application process for adding surplus Crown-owned land to the landbank. This is called the Māori Protection Mechanism.
- If Minister’s agree, the land will be purchased by the Treaty Settlements Landbank. The land can then be used as cultural or commercial redress in a settlement.
- The Crown as a whole has a responsibility to protect any wahi tapu, or other sites of significance to Māori, that are on surplus Crown-owned land. This is done separately to the Māori Protection Mechanism process.
Find more information on Te Arawhiti website
Surplus Crown-owned Land - October 2024
Protection Mechanism and Sites of Significance
Applications for Landbanking and/or Sites of Significance for properties in this schedule close 8 November 2024.
How to apply to landbank a property
Any Māori group or individual who has a registered claim with the Waitangi Tribunal in the same area as the advertised land can apply to have it protected for use in a future Treaty settlement.
If the Crown agrees to keep the land it will be purchased by the Treaty Settlements Landbank. The land can then be used as cultural or commercial redress in a settlement.
Read more about how landbanking fits into the disposal process
Sites of significance to Māori
The Crown also has a responsibility to protect any wahi tapu, or other sites of significance to Māori, that are on surplus Crown-owned land. This is done separately to the Māori Protection Mechanism process.
Applications to have significant sites on surplus Crown-owned land recognised are made through Te Arawhiti.
Using a landbank property in settlements
Landbank properties can be used as either cultural or commercial redress in a Treaty settlement. Properties are not put aside for any particular claimant group, even if that group applied to add them to the landbank.
Claimants don’t have to accept landbank property as part of their settlement.
Private land
Land that is privately owned is generally not available for use in Treaty settlements, but claimants can make their own arrangements with the owners if both parties agree. The Crown does not get involved in matters related to private land.
Who to contact
- For information about the Māori Protection Mechanism call Te Arawhiti on 04 494 9800 and ask for the Settlement Advisor – Protection Mechanism, or use Te Arawhiti's online form
- For information about a Landbank property in your area of interest email Treaty@linz.govt.nz
- For inquiries about leasing or renting a landbank property, call Colliers International NZ on 04 473 7910 and ask for the Treaty Settlement Property Management Team.