Māori Land & Business

Māori Land & Business

Māori land development and utilisation

We are experts in the development and utilisation of Māori land and can assist owners to strike the right balance between their commercial and cultural aspirations for their land.

We are frequently called upon to resolve historical title and access difficulties affecting Māori land, as well as represent clients’ interests where third parties are wishing to use their land in some way.

Recent work

• Advised on the process for correcting historical title problems to complete the transfer of treaty settlement assets (forestry) to iwi
• Assisted in the negotiation of financial and non-financial compensation for new energy easement over Marae reservation land.
• Assisted clients obtain permanent access right over a neighbouring farm owned by a large national corporate despite concerted opposition.
• Assisted trustees with management structure, land use consents, finance and contracting issues for completion of a papakainaga development on Māori land.

Māori Land & Business

Trusts and Incorporations

We are well-known for providing cost-effective legal advice and support to administrators of Māori land. We act for a significant number of Māori land trusts and incorporations, and we understand the complex legal and cultural environment in which our clients operate.

We have the expertise necessary to assist you with everything from trust reviews and strategic planning to full governance restructures.

Recent work

• Advised various trusts and incorporations in relation to Nitrogen discharge agreements.
• Assisted trustees to amalgamate several previously un-administered and uneconomic Māori land parcels in the Bay of Plenty to create one dairy farm.
• Assisted clients overturn flawed election result for Māori incorporation.
• Negotiating forestry rights in respect of Māori land on behalf of Māori landowners or forest owners dealing with Māori owners.
• Advising on lease structures for farming, orchard and forestry land uses.
• Joint venture agreements between neighbouring land trusts in respect of long-term forestry and other land utilisation.
• Assisting with the alienation of land for a trust under financial pressure with court approval of the sale.
• Assisting trustees of a large Māori estate to determine ownership of various interests and manage trustee obligations in the administration of a disputed estate.
• Joint venture agreements between neighbouring land trusts in respect of long-term forestry and other land utilisation.
• Assisting with the alienation of land for a trust under financial pressure with court approval of the sale.
• Assisting trustees of a large Māori estate to determine ownership of various interests and manage trustee obligations in the administration of a disputed estate.

Māori Land & Business

Post-settlement governance and structures

We provide commercial, governance and strategic advice to a number of PSGE’s across the North Island and we are regularly asked to develop or comment upon iwi governance structures, taking into account the iwi profile, the aspirations of the iwi, and the nature of the redress.

We assist these bodies with commercial structures and transactions, and we have a strong working knowledge of the various legislative schemes that affect lands and other interests held by PSGEs including the Māori Fisheries Act, the Reserves Act, the Charities Act and the Te Ture Whenua Māori Act. 

Recent work

• Development of post-settlement entity structures including structures to receive jointly held land assets for multiple iwi
• Development of compliant Māori Fisheries Act Mandated Iwi Organisations and advising on multi-year ACE leasing arrangements
• Restructuring and variation of post-settlement entity structures to achieve cost-effective and relevant voting and asset holding structures.
• Advising in respect of Reserve Management Plans and providing advice and strategy for utilisation and development of lands held under the Reserves Act.
• Development of charitable subsidiaries for settlement entities and land trusts.
• Development of commercial structures for post-settlement entities for holding and developing commercial assets, investment and joint venture opportunities.
• Advising on change of land status and subdivision/land development options to protect culturally sensitive lands while maximising commercial returns.  

Māori Land & Business

Forestry, horticulture, fisheries and geothermal

We routinely advise on leasing and licensing arrangements for forestry, other agricultural/horticultural land uses and geothermal projects involving Māori land.  We have experience assisting landowners and other commercial parties to negotiate and document commercial and land development arrangements. The strength of this experience allows us to work alongside our clients to quickly identify and respond to the key issues and risks.

We also have an in-depth understanding of the Māori Fisheries Act and the obligations of Mandated Iwi Organisations and Asset Holding Companies.  We have helped iwi to achieve recognition under that Act and have advised on multi-year ACE leasing arrangements.

Recent work

• Advised on the surrender of a two-rotation forestry lease, including the transfer of a mature standing forest and a significant capital payment.
• Advised in relation to development agreements and compensation proposals for the use of a geothermal resource.
• Advised on terms of agreement for financial compensation for geothermal pipeline easements over Māori freehold land.
• Assisted trustees to exit an existing grazing licence and negotiate replacement complex farming lease to neighbouring land trust involving multiple land use and nitrate allocation issues.
• Negotiation and review of leases and other joint venture structures for several new kiwifruit orchards to be developed on Māori land.
• Assisting trustees with the interpretation of stumpage clauses and rotational issues within existing forestry right documentation

Māori Land & Business

Governance issues

We provide guidance and advice on governance issues that arise within Māori businesses.  Our clients range from small Māori land trusts and incorporations through to large PSGE’s and a broad spectrum of Māori-owned and operated businesses and organisations.

In some cases, an independent view as to the powers of the governance body is all that is required. In another case, it may be necessary to guide the business through a complete restructure.  We are confident assisting at either end of that spectrum and will always aim to do what is best for the organisation and the individuals within it.

We also work for companies and organisations that wish to collaborate with iwi or Māori-owned and operated businesses. By providing a solid ground for working with iwi, we assist both parties to foster relationships that are mutually beneficial and strike a balance between commercial and cultural interests.  

Recent work

• Advising on issues of rotation and election processes for ahu whenua trusts and PSGEs, presenting to owners and achieving special resolutions to amend constitutional deeds.
• Advising on issues of conflict and appropriate use of codes of conduct and internal policies for trustees and management of substantial Māori owned charitable business.
• Advising on the appointment of independent directors and boards for commercial subsidiaries and providing support on accountability and relationships with a parent board.
• Advising on issues of collective responsibility and limits of authority in respect of individual trustees, and the relationship between a board and management within a large charitable social service provider.

Māori Land & Business

Māori Land Court

We regularly appear as counsel for parties in both contentious and non-contentious matters. 

We have an in-depth understanding of the legal principles under Te Ture Whenua Māori Act and other legislation that impacts on Māori freehold land and how it is administered, including the Trustee Act, the Forestry Rights Registration Act, the Property Law Act, the Administration Act and others.

Recent work

• Assisted and resolved a long-running dispute involving a beneficial owner who had occupied trust land without authority or consent for over ten years.
• Assisted trustees to obtain amendments to a trust in order to allow the appointment of a wholly-owned company as Custodian Trustee
• Assisted trustees obtain an easement over adjoining land to provide reasonable access for papakainga development on Māori land.