Plain language law

New Zealand law explained for everyone

Adoption Act 1955

Maori adoptions

19: Adoptions according to Maori custom not operative

You could also call this:

"Maori custom adoptions are not legally recognised after 1909"

Illustration for Adoption Act 1955

You cannot adopt a child in the traditional Maori way after the Native Land Act 1909 started. This means that if you try to adopt a child in the traditional Maori way, it will not be legally recognised. You will not be able to pass on Maori land to the adopted child without a proper adoption order.

If a Maori adoption was made and registered in the Maori Land Court before 31 March 1910, it is still valid. This adoption has the same legal effect as if it was made through a proper adoption order under Part 9 of the Native Land Act 1909. The adoption remains valid as long as it is still in effect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293306.

Topics:
Family and relationships > Adoption and guardianshipMāori affairs > Māori land
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18: Application of Act to Maoris, or

"The Adoption Act applies to all New Zealanders, no matter their culture."

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20: Adoption order may be varied or discharged, or

"A court can change or cancel an adoption order under certain conditions."

19Adoptions according to Maori custom not operative

  1. No person shall hereafter be capable or be deemed at any time since the commencement of the Native Land Act 1909 to have been capable of adopting any child in accordance with Maori custom, and, except as provided in subsection (2), no adoption in accordance with Maori custom shall be of any force or effect, whether in respect of intestate succession to Maori land or otherwise.

  2. Any adoption in accordance with Maori custom that was made and registered in the Maori Land Court before 31 March 1910 (being the date of the commencement of the Native Land Act 1909), shall during its subsistence be deemed to have and to have had the same force and effect as if it had been lawfully made by an adoption order under Part 9 of the Native Land Act 1909.

Compare
  • 1953 No 94 s 80