Maori Land

Mihi

E nga mana, e nga reo o te motu, tena koutou katoa.

Kia ora koutou rau rangatira ma

Tēnā rawa atu koutou i runga i ō tātou tini aituā, o ia marae, kua whetūrangitia.
Kei te mihi atu, kei te tangi atu.
Rātou te hunga mate ki a rātou.
Tātou te hunga ora ki a tātou.
No reira, tēnā anō tātou katoa

Ko Vance Winiata taku ingoa
Ngati Raukawa te iwi
Nga Tokowaru te marae.

Mauri ora kia tatou.

 

Historical snapshot

Land valuers were appointed not in fairness to Maori but to support provincial Governments and Local Bodies which needed to raise money based on a property’s value, and to central Government which from 1866 based death duties on property value.

A system of independent judgement of land values on which to base taxes, local body rates and loans was not introduced until 1896 when the Government Valuation of Land Department was created.

Independent land valuing came more than 50 years after the crown started acquiring land from Maori.

 

Maori Concept of Value

There is a fundamental difference between the perception of ‘value’ as adopted by the Valuation profession and that as perceived by Maori.

The traditional or tikanga value is viewed somewhat differently to the valuation definition of Market Value.

Land provides iwi with their sense of identity, belonging and continuity. It is the people’s link with their iwi and as tangata te whenua of the land. Maori land represents turangawaewae.

The bundle of rights associated with tikanga Maori land includes spiritual and cultural links and is outside the scope of accepted valuation methods.

This concept of value limits the alienation of the land and ownership, the exchange and concept of value for land are unique to Maori.

The Mangatu case involved a Court of Appeal decision concerning the Mangatu blocks (Valuer General v Mangatu Inc [1997] 3 NZLR 641 which required the Land Valuation Tribunal to take into account the statutory restrictions on the sale for Mäori freehold land when determining its value. A discount of between 5 – 15% was made in recognising the historical links with the land, a large unidentified class of preferred alienee and the ownership structure.

Recent LVT decisions suggest the Mangatu decision has little impact in practise as a result of evidence of sales of Mäori freehold land which have taken place in recent years suggesting Mäori freehold land was being sold reasonably regularly on the open market, despite the restrictions of Te Ture Whenua Mäori Act. There seems to be quite a bit of proof suggesting that the Mäori Land Court is vigilant to ensure that open market value is being paid.

Any discount reflects the extra costs incurred around sales depending on the particular circumstances of each block as opposed to the perception of non saleability.

Related Pages

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