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Occupying or building on Māori land is one of the most common uses and it enables whānau to connect with their whenua. This can be a lengthy process, but there are many benefits. There are three key factors you’ll need to consider if you and your whānau want to occupy or build on your land.

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Converting your shares

You can ask the court to give you an occupation order over an area of Māori land big enough for you to build a house there if you:

* have the support and approval of a reasonable number of the other shareholders in the block where you want to put your house; and

* have enough shares in the block.

You can calculate whether you have enough shares by dividing the area of the whole block with the total number of shares in the block to work out what area of land each share relates to. You can then calculate whether the number of shares you own add up to an area large enough to be a site for a house. Here’s a tool for doing this:

Total area of the block in hectares divided by Total interests (shares) of the block multiplied by Owners interests (shares) in the block multiplied by Number of square metres (m²) in a hectare equals Area in square metres (m²)
8.2016ha divided by 55 multiplied by 0.0095 multiplied by  10,000m² equals 14.1664m²

Note: You may have to use the scroll button in the table above to view the entire formula.

You can find "Total area of the block in hectares", "Total interests (shares) of the block", and Owners interests (shares) in the block" in Pātaka Whenua. For "Number of square metres (m²) in a hectare", use Google.

You don’t need a large area - just enough to put the house on and an area around the house for a yard. 300sqm to 600 sqm will usually be enough. Obviously, the bigger the house the bigger the area you need, so a tiny home, for example, might need fewer than 300sqm. The local authority for your area may have rules about the size of the lot that you will need to check out. 

Sometimes people think that if they own a lot of shares in a block that means they are entitled to an occupation order over a large area. That is not the case. The purpose of an occupation order is simply to give an individual the right to the exclusive use of an area large enough for a house and yard. If the individual owns more shares than are needed for an occupation order of this size, the rest of the shares remain in the block for the use of all the shareholders.  

It is important to bear in mind that an occupation order is not like a partition, where your whole shareholding is taken out of the block. Partitions are granted now only rarely. Occupation orders are much easier to get. 

Another important aspect of getting an occupation order is letting your fellow-shareholders know exactly what you have in mind. That involves drawing a plan that shows precisely where the house site sits on the whenua, complete with measurements from boundaries. You need to have a hui with the other shareholders to get their support. 

Māori Land Court staff can give you advice to help you prepare what you need to take to the judge for the grant of your occupation order.

Permission from other owners

In most cases, Māori land is owned by more than one person, this is where the term ‘multiply owned’ land comes from. You'll need to work closely with any other owners to secure their support and permission to use, occupy, and/or develop your whenua. Although this will require time, effort, and patience, it is important to have support from other owners before submitting an application. The judge will always consider the wellbeing of the whenua and other owners when making a decision.

If you apply to occupy your land, you’ll need to have a conversation about your plans with as many of the other landowners as possible. For these discussions, you should have a sketch plan of where you want to occupy or build, a calculation of how much land you'll need, and information about how your occupation or building could benefit the other owners.

It can be difficult to contact the other owners of your whenua, but you must try to find and contact them to discuss your plans.

Permission from trustees or Māori incorporation

Māori land is often managed by a trust or incorporation on behalf of the owners or shareholders. In this case, you can talk directly to the trustees about occupying or building on the land and they can approve your plans without court involvement, if the trust order allows it.

As you would with other landowners, you’ll need to provide the trust or incorporation with a sketch plan of where you want to occupy or build, a calculation of how much land you'll need, and information about how your occupation or building could benefit the other owners.

Apply to occupy your land

  • A licence is a contract between you and other owners (or their representatives, such as trustees) that permits certain activities to occur on all or part of your land.

    A licence to occupy gives you permission to build on or occupy whenua. However, the title of ownership remains with the trust or management body and the licence can’t be passed on by succession.

    A licence to occupy:

    • will grant occupation of a defined area or site on land
    • will set a fixed term for the licence
    • may set out rights of assignment and compensation for improvement, and
    • can also provide for the payment of rent and rate

    Depending on the terms of the licence, you may be able to have a registrar note your documentation, or you may have to get court approval.  

    You must notify us if: 

    • the term is for a period of 21 years or more, including any terms of renewal
    • the term is for a period of more than 52 years or if 1 or more terms of renewal equate to more than 52 years (a long-term licence), or
    • a party to any licence obtains a transfer, variation, discharge or surrenders a licence which has a term of over 21 years.

    To apply for a licence of less than 52 years you will need to send us two copies of the licence documents. A registrar will update our records and return one copy to you with our endorsement. No court sitting is required.

    To apply for a transfer, variation, discharge or surrender of any existing licence, you’ll need to send us two copies of the transfer, variation, discharge, or surrender. A registrar will update our records and return one copy to you with our endorsement. No court sitting is required.

    To apply for a licence of more than 52 years (a long-term license), you’ll need to complete a General Form of Application, and include evidence that at least half of the owners or people who own 50% of the land or 50% of the shares (if the land is vested in an incorporation) have approved the long-term lease.

    Apply online

    Download the application form

    If you or any other party breach the terms of a licence, the matter can be heard by a judge. In these cases, we suggest you seek independent legal advice to discuss possible solutions.

  • Leases are agreements between landowners (or their representatives such as trustees), and another party or parties, that allow their land to be used for a given purpose, term, and rental payment.

    The conditions of a lease, including any restrictions on land use or the cost of rent, are determined by the landowners and the parties to the lease. The Court is not involved in these matters.

    When land has been subdivided, a lease is granted to the homeowner. That lease title can be mortgaged for a specific period of time and can include specific conditions.

    You must notify us if:

    • the term is for a period of 21 years or more, including any terms of renewal
    • the term is for a period of more than 52 years or if one or more terms of renewal are equal to more than 52 years (a long-term lease), or
    • a party to any lease obtains a transfer, variation, discharge or surrenders a lease which has a term of over 21 years.

    The term of the lease will determine whether your documentation can be noted by a registrar or whether you need court approval.

    To apply for a lease for less than 52 years, you’ll need to send us two copies of the lease documents. A registrar will update our records and return one copy to you with our endorsement. No court sitting is required.

    To apply for a transfer, variation, discharge, or surrender of an existing lease, you’ll need to send us two copies of the transfer, variation, discharge, or surrender. A registrar will update our records and return one copy to you with our endorsement. No court sitting is required.

    To apply for a lease of more than 52 years (a long-term lease), you’ll need to complete a General Form of Application, and include evidence that at least half of the owners or people who own 50% of the land or 50% of the shares (if the land is vested in an incorporation) have approved the long-term lease. A judge must approve a long-term lease at a court sitting, which will take place at the venue closest to the whenua.

    Apply online

    Download the application form

    If you or any other party breach the terms of a lease, the matter can be heard by a judge. In these cases, we suggest you seek independent legal advice to discuss possible solutions.

  • Occupation orders allow you to exclusively occupy or build on a specific area of Māori land. You must own an interest in the land or be the beneficiary of a whānau trust that owns an interest in the land.

    The title of ownership remains with the landowners, but the occupation order may be passed on by succession.

    To apply for an occupation order, you’ll need to:

    • ensure your shareholding is equal to the area you wish to occupy or build on
    • have a sketch plan that shows where your occupation area will be located, in relation to the rest of the block and any special access requirements
    • ensure you have called meetings or hui of the owners and have general support
    • have proof of who you have written to about your proposal
    • have written agreements from owners showing their general support, and
    • have the permission of any trustees or incorporations who manage the land
    • written preliminary advice from local authority that a dwelling is permitted on the site.

    Apply online

    Download the application form

Finances and mortgages

Māori land can be used to secure finance or a mortgage just like any other interest in land.

A mortgage or loan may be acquired by:

  • the sole owner of a Māori land block
  • all the owners of a Māori land block acting together
  • the trustees of a Māori land block who are empowered to raise finance against the block, or
  • a Māori Incorporation which holds Māori land.

If you are thinking about financing or mortgage arrangements, you should consider:

The value of the land – How much the land is worth on the open market?

Your ability to service a loan – Can you afford the repayments (including any interest)?

Applying for a mortgage or loan for Māori land

The Māori Land Court cannot influence a bank or lending institution when a decision is being made about granting a mortgage or loan to landowners.

As part of a mortgage application or loan application, you will be required to provide financial and income information, which the bank will review to determine your ability to repay the loan.

Loan or mortgage agreements require regular payments to repay the debt. Once you have made full and final payment of the loan amount and any interest, your bank or lending institution will discharge (close) the loan or mortgage.

  • To ensure our records are up to date, you'll need to make an application to the Court to request that a registrar notes the mortgages.

    You’ll need to provide us with any mortgage information, including two copies of the transfer, variation, discharge, or surrender. If you used an Authority and Instruction to Act (A&I) form to create a mortgage, you can provide a copy of this instead of a mortgage agreement.

    When we receive these documents, a registrar will update our records and return one copy to you with our endorsement. No court sitting is required.

    Apply online

    Download the application form

KIA MATAARA: It is extremely risky to use individual land interests in multiply owned Māori land as security for a loan. Banks and lending institutions can sell your land at market rate if you default on your payments, which can be a devastating loss for your whānau. The Māori Land Court has no power to stop this from happening. In any case, you cannot use a Māori land block as security without the permission and/or support of all other landowners.

When applying for a loan or a mortgage to use and/or develop Māori land, you will be asked to provide information about your assets. This could include the whenua you are using or developing, which can be used as ‘collateral’ or security against any approved finance.

If you're considering this option, make sure you inform the lender that the land is owned by many people, as it is rare for lenders to accept individual interests as security in multiply owned Māori land.

Please seek legal advice before considering the use of Māori land as security for finance. Your local Citizen's Advice Bureau can also help with budgeting if you're struggling financially.

Papakāinga

Read about Papakāinga on the Tupu website.

Community Law

Contact Community Law for free legal advice.

Tono tuihono
Apply online

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