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The Maori Land Court in New Zealand deals with the legality of Maori native land, including inheritance, sales, administration, and usage. It recognizes the special relationship natives have with the land and covers areas such as Maori incorporations and probate. The court is presided over by a Chief Justice and a Deputy Chief Justice, with decisions reviewed by the Maori Court of Appeal. The court’s role was strengthened by the Maori Land Act in 1993, which addressed Maori land rights first established by the Treaty of Waitangi in 1840.
The Maori Land Court is a court in New Zealand that deals with the legality of Maori native land. Originally established as the Native Land Court in 1865, the court hears cases on land inheritance, sales, administration and how land can be better used and occupied by the Maori people. The court recognizes the special relationship natives have had with the land, so its decisions are based on property law and Maori tradition.
The Maori Land Court covers areas such as the rules that apply to Maori incorporations and how they manage blocks of land that can be owned by hundreds. Probate is also difficult in cases like this, which often come before the court. The establishment of Maori reserves, the duties of trustees, and the transfer of land shares are matters dealt with by the court, as is the improvement of title.
Judicial proceedings in the Maori Land Court are presided over by a Chief Justice and a Deputy Chief Justice, but there are also District Judges throughout New Zealand. Decisions made by the court are reviewed by the Maori Court of Appeal. A statute of the New Zealand Parliament outlining how Maori land should be governed is covered by the Maori Land Act, or Te Ture Whenua Maori Act, 1993.
This legislation was the first in 40 years to affect Maori land. In it, the role of the Maori Land Court was strengthened and its scope was expanded. A new provision stipulated that in the event of a dispute over Maori rights or customs, the chief judge was required to call expert witnesses or appoint at least two lay members.
The Native Land Court was established as a result of the Native Lands Acts in 1862 and 1865. The history of the court has been checkered. Since its founding in 1865, it has served as the primary symbol of English law for the Maori people. Many people consider it to have been primarily an oppressive tool of the British legal system that deprived Maori of their land under the guise of protecting them from exploitation.
Maori land rights were first addressed by the British with the signing of the Treaty of Waitangi in 1840. About 500 Maori chiefs signed the treaty, which established a British governor in New Zealand and gave Maori equal rights with the British. It has since become controversial due to differences between the English and Maori interpretations of the document. Another difficulty is the difference in how words like ‘governance’, ‘property’ and ‘property’ are understood by the two cultures.
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