Navigating the changing landscape: key proposals for Te Ture Whenua Māori Act 1993 and Resource Management Act 1994 legislation

The Government has recently announced proposals to amend Te Ture Whenua Māori Act 1993 (TTWMA) and the Resource Management Act 1991 (RMA).  These proposals are aimed at narrowing the scope of the current system, its effects and controls, with the guiding principle to centre legislation around the enjoyment of property rights.  For TTWMA, a key reason for the proposed changes is to improve the efficiencies of the Māori Land Court and assist with a vast number of applications before the Court. 

Resource Management Reforms

The Government intends to replace the RMA with two new pieces of legislation – The Planning Act – focuses on regulating use, development and enjoyment of land; and The Natural Environment Act – focuses on use, protection and enhancement of the natural environment.

The new legislation could remove the use of the current section 8 provision for decision-makers to take into account the principles of the Treaty/Te Tiriti with more of a focus shifting toward around recognising and upholding Treaty Settlements.  This is a significant change which could have extensive impact and effects on Māori and Te Ao Māori within the new framework.  While the legislation is yet to be introduced, now is a good time for relationship building between local council, iwi and hapū.  This can be as simple as having hui to open lines of communication and trust between parties.  You may share your concerns about the legislation and begin the kōrero of how this may practically affect your respective interests within your rohe.

Whenua Māori Reforms

The Government is also undertaking public consultation on proposed changes to TTWMA, to promote the development and retention of whenua Māori.  Feedback must be provided to Te Puni Kōkiri by Friday, 23 May 2025.  Further details and particulars around the proposed changes can be found here: Discussion document

The key proposed changes include:

• Enabling a central register of whenua Māori owners/trustees
• Enabling the Registrar of the Court to be able to file for a review of trust
• Widening the scope of the Court in relation to appointed agents
• Widening the powers of the Māori Land Court regarding amalgamated land
• Enabling the Court to vest a freehold interest in General land in the beneficiary of a will or administrator of an estate
• Extending the period for which a long-term lease can be granted without Court approval from 52 years to 99 years

Most of the proposed changes may assist in this way, particular thought should be given to proposed long-term lease arrangements and matters of appointed agents for whenua Māori where no governance structure is in place.  If you would like to hear more about the proposed changes, an online information session will be held on Thursday, 15 May.  The link for the May session is here: 15 May Online Session

While Te Puni Kōkiri have proposed a number of changes, they are also open to any feedback on how TTWMA can be improved.  Feedback on any of the proposed changes to TTWMA can be sent to either via email to ttwma@tpk.govt.nz or by physical copy to Te Puni Kōkiri National Office, 143 Lambton Quay, Wellington Central, Wellington, 6011.

Our whenua Māori and Taiao teams at McCaw Lewis are available to assist with a wide range of services within these spaces and are available for answering any pātai that you may have around these new changes and how they may affect you.

Tazmyn Prendiville-Stowers and Hakaraia Richards-Coxhead are in our Whenua and Taiao teams and can be contacted on:

Tazmyn: 07 958 7467

Hakaraia: 07 901 0712