Disposing of Māori freehold land by will to children adopted out of the whānau

Estate of Ross Glencairn Hovell

Māori Land Court (2012) 25 Tairawhiti MB 258 (25 TRW 258)

5 October 2012

A child legally adopted out of the whānau remains a person who may be left an interest in Māori freehold land within the meaning of s 108 Te Ture Whenua Māori Act 1993.

Download Estate of Ross Glencairn Hovell (2012) 25 Tairawhiti MB 258 here (85KB PDF). read more

Transferring Māori freehold land by will to persons “related by blood”

Kameta v Nicholas

Court of Appeal [2012] NZCA 350

3 August 2012

A will maker can dispose of a beneficial interest in Māori freehold land to specified classes of people only. One is persons who are both related by blood to the testator and a member of the hapū associated with the land (s 108(2) Te Ture Whenua Māori Act 1993). The Court of Appeal held that although it is a question of degree, a whakapapa connection within the hapū associated with the land satisfies the statutory requirement to be “related by blood” to a will maker.

The Māori Appellate Court’s collective knowledge of tikanga and specialist expertise means it enjoys a particular advantage in determining questions of fact that the Court of Appeal will respect.

Download Kameta v Nicholas [2012] NZCA 350 here (217 KB PDF). read more