Before Pākehā came to Aotearoa, access to land and its resources was managed through joint customary rights.
When Europeans began to settle New Zealand, the Crown encouraged a move to individual ‘freehold’ ownership of land. Individual ownership meant that settlers could be more confident they were dealing with the legal owners of a block of land.
How land changed from Māori customary land to Māori freehold land
The Crown used two methods to change Māori customary land into Māori freehold land.
The Crown purchased Māori customary land for the settlement of New Zealand. Most of the land was sold to European settlers. Some of this land was granted to Māori individuals as ‘Crown grants’, which gave them joint freehold ownership of the land.
The Māori Land Court investigated ownership of Māori customary land that had not been ‘alienated’. (Alienation is when the land changes hands, and includes land that was sold, given as a gift, or confiscated by the government.) The court decided who the joint owners were of a parcel of land, but no more than 10 people could listed as the owners. Once the court appointed the owners for each parcel of land, the title was granted by the Crown.
Some Māori freehold land still remains
Around 1.3 million hectares of Māori land exists today. This is what remains of the Crown grants that are still:
- in Māori ownership
- classified as Māori freehold land.
Changing the status of land
The only way to change Māori freehold land into general land is through the Māori Land Court.
The Māori Land Court can also change the status of general land that is owned by Māori, and turn it into Māori freehold land.