Plain language law

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Public Works Act 1981

Dealing with land held for public works

41: Disposal of former Maori land when no longer required

You could also call this:

“Rules for giving back Māori land the government doesn't need anymore”

When the government no longer needs land that was once Māori land, they have to follow special rules. This applies to land that was Māori freehold land or General land owned by Māori before the government took it. The land must have been owned by more than four people and not held by trustees.

In these cases, the person in charge (called the chief executive) or the local council has two choices. They can either follow the normal rules for giving back land, or they can ask the Māori Land Court for help. The Māori Land Court is a special court that deals with Māori land issues.

There’s also a new rule that came into effect recently. It says that if the land was once Māori land, there are additional rules to follow when transferring or getting rid of the land. These rules are part of a law called the Urban Development Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46068.

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40: Disposal to former owner of land not required for public work, or

"Giving back land the government doesn't need anymore"

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Part 3 Dealing with land held for public works

41Disposal of former Maori land when no longer required

  1. Notwithstanding anything in sections 40 and 42, where any land to which section 40(2) applies was, immediately before its taking or acquisition,—

  2. Maori freehold land or General land owned by Maori (as those terms are defined in section 4 of Te Ture Whenua Maori Act 1993); and
    1. beneficially owned by more than 4 persons; and
      1. not vested in any trustee or trustees—
          1. the chief executive of the department within the meaning of section 2 of the Survey Act 1986 or local authority, as the case may be, shall—
        1. comply with the requirements of section 40; or
          1. apply to the Maori Land Court for the district in which the land is situated for an order under section 134 of Te Ture Whenua Maori Act 1993.

            1. This section is subject to subpart 5 of Part 5 of the Urban Development Act 2020 (transfer or disposal of former Māori land).

            Notes
            • Section 41(1): amended, on , by section 5 of the Survey Amendment Act 1996 (1996 No 55).
            • Section 41(1)(a): substituted, on , by section 362(1) of Te Ture Whenua Maori Act 1993 (1993 No 4).
            • Section 41(1)(e): amended, on , by section 362(1) of Te Ture Whenua Maori Act 1993 (1993 No 4).
            • Section 41(2): inserted, on , by section 300 of the Urban Development Act 2020 (2020 No 42).