ABSTRACT
Since 1865, legislation has facilitated the wholesale alienation of Māori land. By the 1970s, Māori land had diminished to barely 5 per cent of the land area of Aotearoa-New Zealand. In 1993, after decades of lobbying, the law was changed to provide for the retention of Māori land, resulting in a significant decline in the volume of alienations. Despite a statutory prohibition against alienation without Māori Land Court confirmation, the practice has continued. The higher courts have held that, on questions of indefeasibility, the Torrens regime trumps Māori land law. With the passing of a new Land Transfer Act in 2017, a doorway into potential remedies has been opened. This discussion considers the previous case law and explores the possibility of relief for owners deprived of their titles or of the ability to exercise a right of first refusal. Several ideas for future reform are also discussed.
