๐ข Department for Courts, Maori Land Court, Aotea District
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1. The Directory of Official Information 1995-1997, The Ministry of Justice (1995, Wellington).
2. Excerpts from The Maori Land Court as a source of information, Brian Herlihy, Aotea District Maori Land Court,
Wanganui (date unknown). Note that some minor amendments to the original text have been made by Archives NZ.
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The Maori Land Court have jurisdiction to hear matters relating to Maori Land. The Maori Land Court has three functions. These are to contribute to the administration of Maori land, the preservation of taonga Maori and the promotion of the management of Maori land by its owners.
The Maori Land Court deals with the following matters:
-appointment of trustees for persons under disability.
-succession vesting orders in respect of interests in Maori land.
-partition orders and vesting orders transferring or gifting land or interests in land under section 164 of the Te Ture Whenua Maori Act 1993.
-orders creating incorporation of Maori land owners under section 247 of Te Ture Whenua Maori Land Act 1993.
-calling meetings of owners to consider alienation of use of Maori land.
-confirmation of alienation of Maori land under section 326 of the Te Ture Whenua Maori Land Act 1993.
-appointment of trustees to carry out certain functions for the benefit of the beneficial owners.
-recommendations to the Secretary for Justice for the creation of Maori reservations.
-charging orders in respect of rates owning.
-appointment of agents for various purposes.
The Governor-General appoints the Chief Judge and Judges of the Maori Land Court. Judges of the Maori Land Court are also Judges of the Maori Appellate Court. Three or more Judges have the power to act as a Maori Appellate Court. Decisions of a High Court and the Court of Appeal are binding on both the Maori Land Court and the Maori Appellate Court.
The Maori Appellate Court hears appeals from the Maori Land Court.
The Maori Land Court has eight offices, located in Whangarei, Hamilton, Rotorua, Gisborne, Whanganui, Turangi (which is a sub-office of Whanganui), Hastings and Christchurch. The Head Office is in Wellington, where the Chief Judge and Deputy Chief Judge are located. Each office of the Maori Land Court is a Maori Land Title Registry.
2. The Maori Land Court as a source of information
Minute Books
From the beginnings of the Maori Land Court hearings in the latter half of the nineteenth century, records of proceedings have been kept in Court minute books which are handwritten by the presiding judge, and this system remains to the present day in spite of more modern and much more efficient recording techniques being available. The records in a particular minute book generally refer to areas in which the Court sat, e.g. Tokaanu minute books refer to sittings in the Taumarunui-Tokaanu area, although there also minutes which were kept by particular judges, e.g. we have Judge Ward’s minute books, Judge Scanlon’s minute books, etc.
All minute books have an index in the front which contains:
(a) the names of persons succeeded to; and
(b) the names of blocks which were the subject of an application to the Court.
It is therefore possible, if one knows approximately when a person died or was succeeded to, or approximately when a block was dealt with, to locate the appropriate minute book reference. (Note that all indices listing the owners of Maori land are in alphabetical order of Christian name.)
Application Files
These include papers dealing with applications lodged with the Maori Land Court. Many of the early ones deal with investigation of title, i.e. claims by Maoris to the ownership of land. Older application files were filed away in date order and some, at least, of those contain very interesting materials, one example being the handwritten lists of owners which were handed into the Court by claimants at the original hearing.
Many subjects other than investigation of title were dealt with but these are probably the most interesting from the point of view of the researcher. Nowadays application files are filed in the Registry in minute book order.
Title Binders
These contain the title to each and every block of Maori land (which is usually a partition order), together with a list of the original owners at the time of partition, plus the current list of owners and details of leases, amendments to area, etc. The order of papers in a title binder is standardised and each section contains:
(a) the current list of owners plus succession order schedules;
(b) memorial schedules containing details of alienations, e.g. leases, timber grants, a appointment of trustees, etc;
(c) the partition order which includes a list of owners at the time of partition;
(d) the survey diagram, provided of course that the block has been surveyed. There are still many Maori Land Court partition orders which have not been completed by survey.
Block Order Files
If you want to know changes of ownership between the time the title was first set up and the present day, this information is contained in the block order files. These are set in a date order and, in many cases, the files are divided up into sections, each containing the record of a particular subdivision of the parent block.
If various subdivisions are not shown separately, one must wade through the whole series of files looking for information which may be relevant. This can be very time consuming however, we are working towards having all block order files broken up into subdivisions which will make research that easier.
Alienation Files
These deal with the alienation of Maori land by sale or lease, timber grants, etc. The oldest files dealing with land sold many years ago are with Archives New Zealand. This information can be very important when a transfer signed many years ago has not been registered in the Land Transfer Office and the document is lost.
Application can be made to the Maori Land Court for an order restoring the effect of the last instrument and information on the alienation files is vital to this exercise.
Probate or Letters of Administration
Until the 1967 Maori Affairs Amendment Act came into force the Maori Land Court had jurisdiction to make grants of Probate or Letters of Administration. Files dealing with these grants, together with the original Wills, are held in the Maori Land Court.
Adoption Files
Similarly, the Maori Land Court had jurisdiction to make adoption orders and relevant papers are filed in our records. These show details of natural parents, adoptive parents, the child’s original name, and his or her adoptive name if different.
Whakapapa or Family Trees
Over the years, Court staff have had on many occasions to prove or disprove a right to succession of the correctness or otherwise of an earlier succession. This work in most cases necessitates the drawing up of a whakapapa and these are sometimes very extensive. This work is time-consuming and, over recent years, fairly extensive whakapapa files and the information on these can be made available. Older minute books also contain a number of whakapapa.
Nominal Card Index (Aotea district)
There has always been difficulty in ascertaining the extent of a Maori owner’s land interest and when a beneficiary died and was succeeded to, various interests were often left out because their existence was not known. An extensive nominal index has been compiled which contains the name of every owner of Maori land in the Aotea district and a complete list of his or her land interests.
Cards are not removed when a beneficiary dies and is succeeded to but details of the succession are entered on the card. This means the index contains the names of all beneficiaries who were owners at the time the index was set up or who have come in as owners since, but does not include owners who had died or were succeeded to prior to the setting up of the index. These cards are filed in alphabetical order of Christian name.
Succession Indices (Aotea district)
These make up, to a certain extent, the deficiencies in the nominal index as these indices provide details (i.e. minute book references) of all successions prior to the setting up of the nominal index. These indices are not exhaustive but can be very useful.
Beneficiary Cards (Aotea district)
These are not in the Court Registry but are kept by the Trust Accounts Section in the Department of Maori Affairs’ Wanganui office. These are very like old bank ledger cards and contain information regarding any moneys which have ever accrued to the beneficiary and contain references to how the particular beneficiary came on to the title and of succession after death.
These cards are not available for public searching but the information can be obtained by search clerks from the Court Section to assist in their own searches or when they are helping a member of the public with a search.
Valuation Cards (Aotea district)
We have a complete set on valuation cards covering every block of Maori land in the Aotea district and these contain details of valuation from each five-years valuation review, and also of any special valuations carried out of sale of lease purposes.
Plans and Maps (Aotea district)
We have Lands and Survey cadastral maps covering the whole district. On these, land currently in Maori ownership are coloured yellow and this makes the location of Maori land much easier and also provides an immediate answer to the question of the density of Maori land in any particular area.
The cadastral maps are being supplemented by a complete series of plans used by the Valuation Department. These are a considerable larger scale than the cadastrals and this makes identification of smaller areas much easier. Valuation maps also have the Maori land coloured yellow.
Microfilms
At various times all Court minute books have been microfilmed. This work was initially carried out by the Mormon Church and latterly by the Government Printer. Copies are all the microfilms are held by Archives New Zealand. Other institutions (e.g. the Alexander Turnbull Library and the University of Auckland Library) hold some copies also.
Each Court Registry has a microfilm index and we find these valuable for other purposes. The index lists all the minute books, the venues of the Court sitting, the dates of the sitting and the presiding Judge. Thus, if you know the Maori Land Court sat in New Plymouth in 1903, the index will help you locate the minute book in which the minutes of the sitting are recorded.
Types of Order
You may ask what types of cases do Maori Land Courts deal with, i.e. what is recorded in the minute books?Examples of some of these are;
(a) successions – these are perhaps the most important. An owner in Maori land dies and orders must be made to pass his or her land interests on to the children who are the ones primarily entitled to succeed;
(b) partition – this refer to the subdivision of Maori land;
(c) transfer of shares under section 213 – this is a simple means by which a Maori owner can transfer his or her shares to another Maori either by way of sale of gift;
(d) trusts under section 438 – the appointment of trustees who are charged with the management of land under multiple ownership;
(e) the creation of Maori reservations as marae, burial grounds, places of historial interest, etc.
Incorrect Evidence
Orders of the Maori Land Court from earliest times right up to the present have to a large extent been based on verbal evidence given under oath and it must follows that from time to time incorrect evidence is given. This, of course, leads to incorrect orders being made, but these can be remedied by an application to the Chief Judge (at present under section 452). Files dealing with such applications are available for inspection and research.
If you disagree with the Court’s decision you may lodge an appeal and this is heard by the Maori Appellate Court usually made up of three Maori Land Court Judges. Here again, the full proceedings of the Maori Appellate Court are available for public inspection.
The Land Transfer Office
Some Maori Land Court orders are registered in the Land Transfer Office. Land Transfer Office records are only correct insofar as they show the order which have been registered. Therefore, if (particularly for legal purposes) you want the full picture as to a block of Maori land, it is imperative that you search the records of both the Land Transfer Officer and the Maori Land Court.
Brian Herlihy
Aotea District Maori Land Court
Wanganui
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Show History
The Maori Land Court have jurisdiction to hear matters relating to Maori Land. The Maori Land Court has three functions. These are to contribute to the administration of Maori land, the preservation of taonga Maori and the promotion of the management of Maori land by its owners.
The Maori Land Court deals with the following matters:
-appointment of trustees for persons under disability.
-succession vesting orders in respect of interests in Maori land.
-partition orders and vesting orders transferring or gifting land or interests in land under section 164 of the Te Ture Whenua Maori Act 1993.
-orders creating incorporation of Maori land owners under section 247 of Te Ture Whenua Maori Land Act 1993.
-calling meetings of owners to consider alienation of use of Maori land.
-confirmation of alienation of Maori land under section 326 of the Te Ture Whenua Maori Land Act 1993.
-appointment of trustees to carry out certain functions for the benefit of the beneficial owners.
-recommendations to the Secretary for Justice for the creation of Maori reservations.
-charging orders in respect of rates owning.
-appointment of agents for various purposes.
The Governor-General appoints the Chief Judge and Judges of the Maori Land Court. Judges of the Maori Land Court are also Judges of the Maori Appellate Court. Three or more Judges have the power to act as a Maori Appellate Court. Decisions of a High Court and the Court of Appeal are binding on both the Maori Land Court and the Maori Appellate Court.
The Maori Appellate Court hears appeals from the Maori Land Court.
The Maori Land Court has eight offices, located in Whangarei, Hamilton, Rotorua, Gisborne, Whanganui, Turangi (which is a sub-office of Whanganui), Hastings and Christchurch. The Head Office is in Wellington, where the Chief Judge and Deputy Chief Judge are located. Each office of the Maori Land Court is a Maori Land Title Registry.
2. The Maori Land Court as a source of information
Minute Books
From the beginnings of the Maori Land Court hearings in the latter half of the nineteenth century, records of proceedings have been kept in Court minute books which are handwritten by the presiding judge, and this system remains to the present day in spite of more modern and much more efficient recording techniques being available. The records in a particular minute book generally refer to areas in which the Court sat, e.g. Tokaanu minute books refer to sittings in the Taumarunui-Tokaanu area, although there also minutes which were kept by particular judges, e.g. we have Judge Ward’s minute books, Judge Scanlon’s minute books, etc.
All minute books have an index in the front which contains:
(a) the names of persons succeeded to; and
(b) the names of blocks which were the subject of an application to the Court.
It is therefore possible, if one knows approximately when a person died or was succeeded to, or approximately when a block was dealt with, to locate the appropriate minute book reference. (Note that all indices listing the owners of Maori land are in alphabetical order of Christian name.)
Application Files
These include papers dealing with applications lodged with the Maori Land Court. Many of the early ones deal with investigation of title, i.e. claims by Maoris to the ownership of land. Older application files were filed away in date order and some, at least, of those contain very interesting materials, one example being the handwritten lists of owners which were handed into the Court by claimants at the original hearing.
Many subjects other than investigation of title were dealt with but these are probably the most interesting from the point of view of the researcher. Nowadays application files are filed in the Registry in minute book order.
Title Binders
These contain the title to each and every block of Maori land (which is usually a partition order), together with a list of the original owners at the time of partition, plus the current list of owners and details of leases, amendments to area, etc. The order of papers in a title binder is standardised and each section contains:
(a) the current list of owners plus succession order schedules;
(b) memorial schedules containing details of alienations, e.g. leases, timber grants, a appointment of trustees, etc;
(c) the partition order which includes a list of owners at the time of partition;
(d) the survey diagram, provided of course that the block has been surveyed. There are still many Maori Land Court partition orders which have not been completed by survey.
Block Order Files
If you want to know changes of ownership between the time the title was first set up and the present day, this information is contained in the block order files. These are set in a date order and, in many cases, the files are divided up into sections, each containing the record of a particular subdivision of the parent block.
If various subdivisions are not shown separately, one must wade through the whole series of files looking for information which may be relevant. This can be very time consuming however, we are working towards having all block order files broken up into subdivisions which will make research that easier.
Alienation Files
These deal with the alienation of Maori land by sale or lease, timber grants, etc. The oldest files dealing with land sold many years ago are with Archives New Zealand. This information can be very important when a transfer signed many years ago has not been registered in the Land Transfer Office and the document is lost.
Application can be made to the Maori Land Court for an order restoring the effect of the last instrument and information on the alienation files is vital to this exercise.
Probate or Letters of Administration
Until the 1967 Maori Affairs Amendment Act came into force the Maori Land Court had jurisdiction to make grants of Probate or Letters of Administration. Files dealing with these grants, together with the original Wills, are held in the Maori Land Court.
Adoption Files
Similarly, the Maori Land Court had jurisdiction to make adoption orders and relevant papers are filed in our records. These show details of natural parents, adoptive parents, the child’s original name, and his or her adoptive name if different.
Whakapapa or Family Trees
Over the years, Court staff have had on many occasions to prove or disprove a right to succession of the correctness or otherwise of an earlier succession. This work in most cases necessitates the drawing up of a whakapapa and these are sometimes very extensive. This work is time-consuming and, over recent years, fairly extensive whakapapa files and the information on these can be made available. Older minute books also contain a number of whakapapa.
Nominal Card Index (Aotea district)
There has always been difficulty in ascertaining the extent of a Maori owner’s land interest and when a beneficiary died and was succeeded to, various interests were often left out because their existence was not known. An extensive nominal index has been compiled which contains the name of every owner of Maori land in the Aotea district and a complete list of his or her land interests.
Cards are not removed when a beneficiary dies and is succeeded to but details of the succession are entered on the card. This means the index contains the names of all beneficiaries who were owners at the time the index was set up or who have come in as owners since, but does not include owners who had died or were succeeded to prior to the setting up of the index. These cards are filed in alphabetical order of Christian name.
Succession Indices (Aotea district)
These make up, to a certain extent, the deficiencies in the nominal index as these indices provide details (i.e. minute book references) of all successions prior to the setting up of the nominal index. These indices are not exhaustive but can be very useful.
Beneficiary Cards (Aotea district)
These are not in the Court Registry but are kept by the Trust Accounts Section in the Department of Maori Affairs’ Wanganui office. These are very like old bank ledger cards and contain information regarding any moneys which have ever accrued to the beneficiary and contain references to how the particular beneficiary came on to the title and of succession after death.
These cards are not available for public searching but the information can be obtained by search clerks from the Court Section to assist in their own searches or when they are helping a member of the public with a search.
Valuation Cards (Aotea district)
We have a complete set on valuation cards covering every block of Maori land in the Aotea district and these contain details of valuation from each five-years valuation review, and also of any special valuations carried out of sale of lease purposes.
Plans and Maps (Aotea district)
We have Lands and Survey cadastral maps covering the whole district. On these, land currently in Maori ownership are coloured yellow and this makes the location of Maori land much easier and also provides an immediate answer to the question of the density of Maori land in any particular area.
The cadastral maps are being supplemented by a complete series of plans used by the Valuation Department. These are a considerable larger scale than the cadastrals and this makes identification of smaller areas much easier. Valuation maps also have the Maori land coloured yellow.
Microfilms
At various times all Court minute books have been microfilmed. This work was initially carried out by the Mormon Church and latterly by the Government Printer. Copies are all the microfilms are held by Archives New Zealand. Other institutions (e.g. the Alexander Turnbull Library and the University of Auckland Library) hold some copies also.
Each Court Registry has a microfilm index and we find these valuable for other purposes. The index lists all the minute books, the venues of the Court sitting, the dates of the sitting and the presiding Judge. Thus, if you know the Maori Land Court sat in New Plymouth in 1903, the index will help you locate the minute book in which the minutes of the sitting are recorded.
Types of Order
You may ask what types of cases do Maori Land Courts deal with, i.e. what is recorded in the minute books?Examples of some of these are;
(a) successions – these are perhaps the most important. An owner in Maori land dies and orders must be made to pass his or her land interests on to the children who are the ones primarily entitled to succeed;
(b) partition – this refer to the subdivision of Maori land;
(c) transfer of shares under section 213 – this is a simple means by which a Maori owner can transfer his or her shares to another Maori either by way of sale of gift;
(d) trusts under section 438 – the appointment of trustees who are charged with the management of land under multiple ownership;
(e) the creation of Maori reservations as marae, burial grounds, places of historial interest, etc.
Incorrect Evidence
Orders of the Maori Land Court from earliest times right up to the present have to a large extent been based on verbal evidence given under oath and it must follows that from time to time incorrect evidence is given. This, of course, leads to incorrect orders being made, but these can be remedied by an application to the Chief Judge (at present under section 452). Files dealing with such applications are available for inspection and research.
If you disagree with the Court’s decision you may lodge an appeal and this is heard by the Maori Appellate Court usually made up of three Maori Land Court Judges. Here again, the full proceedings of the Maori Appellate Court are available for public inspection.
The Land Transfer Office
Some Maori Land Court orders are registered in the Land Transfer Office. Land Transfer Office records are only correct insofar as they show the order which have been registered. Therefore, if (particularly for legal purposes) you want the full picture as to a block of Maori land, it is imperative that you search the records of both the Land Transfer Officer and the Maori Land Court.
Brian Herlihy
Aotea District Maori Land Court
Wanganui
1. The Directory of Official Information 1995-1997, The Ministry of Justice (1995, Wellington).
2. Excerpts from The Maori Land Court as a source of information, Brian Herlihy, Aotea District Maori Land Court,
Wanganui (date unknown). Note that some minor amendments to the original text have been made by Archives NZ.
- Te Ture Whenua Maori/Maori Land Act 1993
- Native Land Court Act 1894
- Maori Purposes Act 1947
- ๐ผ Adoption (1881 ‑ )
- ๐ Maori Land Court, Appellate Court Minute Books (1865 ‑ )
- ๐ข Department for Courts, Head Office (1995 ‑ 2003)
- ๐ข Maori Land Court, Head Office (1865 ‑ )
- ๐ข Department of Justice, Head Office (1872 ‑ 1995)
- ๐ Realm of New Zealand (1947 ‑ )
- ๐ Dominion of New Zealand (1907 ‑ 1947)
- ๐ Self-Governing Colony of New Zealand (1865 ‑ 1907)
Searching within Agency Department for Courts, Maori Land Court, Aotea District (1 Related Series)
One related item
Land Information New Zealand, National Office > Maori Land Court, Appellate Court Minute Books
| ID | Name | Date | Held At |
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Item 1958 Wellington repository Physical Open Text 191 |
1958 | Wellington |
Archives NZ results via API under CC BY 2.0 license
This Agency is responsible for:
| ID | Name | Browse | Date | Held At |
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Browse | 1961 ‑ 1976 | Wellington |
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Browse | 1866 ‑ 1979 | Wellington |