Defining Māori land is complex and technical, so it requires a legal definition and a history of the definition.
How land went from Māori customary land to Māori freehold land
Māori customary land became Māori freehold land by 2 means.
Firstly, the Crown set aside land from Māori customary land it purchased for the settlement of New Zealand. Specific Māori individuals were granted Crown Grants for joint ownership of this land.
Secondly, the Māori Land Court investigated ownership of Māori customary land that had not been alienated. The Court set limits of up to 10 Māori individuals who could be joint owners of a parcel of this land. Once the Court appointed the joint owners for each parcel of land the title was granted by the Crown.
Why the Crown created Māori freehold land
The Crown created Māori freehold land as it wished to move from the Māori practice of joint customary ownership to the European practice of individual ownership. Individual ownership made land ownership more certain from a settler perspective. It provided confidence that prospective buyers were dealing with the legal owners of the land.
The 1.3 million hectares of Māori land that remain today are the remainder of those original Crown Grants that have not been sold to non-Māori ownership or have not been converted to general land by its Māori owners.
Change of Status of land
Section 129 Te Ture Whenua Māori Act 1993 provides for several different types of status of land. Now the status of land will only change from Māori freehold land to general land upon registration of an Order of the Māori Land Court.