Allowing whanau to live rent free on Northland Maori land did not give rights of permanent occupation, with the Maori Land Court ordering Pompey Brown leave a Kaikohe property owned by his half-brother.
The home at Taheke Road, on outskirts of Kaikohe, is Maori freehold land.
Rights over Maori freehold land are an amalgam of customary Maori land law and English-based property law.
Those holding title to Maori freehold land have rights of individual ownership, but any offers to sell must first be made to blood relatives.
Pompey Brown came to occupy Taheke Road after his sister had lived there rent free for nearly twenty years. Ownership lies with his younger half-brother Clarence, who was named in their father’s will as the one to inherit.
The Maori Land Court was told Clarence agreed Pompey could shift into Taheke Road to look after his sister’s possessions when she moved into residential care. Pompey did not have to pay rent. He did have to pay rates.
Clarence told the Land Court that Pompey was asked to leave in mid-2024. Clarence took over payment of rates from that date.
Pompey refused to leave. He clams ancestral rights to the land, by descent through his mother. He aggressively resisted any suggestions he leave.
Pompey claims his ancestral rights were recognised in 1996 when the Maori Land Court refused Clarence’s application to change the status of Taheke Road from Maori freehold land to general land. The judge refused re-registration to general land, saying this would allow Clarence to sell to any person, removing his existing obligation to offer blood relatives from his father’s first marriage a chance to purchase.
Clarence’s rights to ownership of Taheke Road come from terms of his father’s will.
This bequest of Maori freehold land to a son is recognised and protected by the Te Ture Whenua Maori Act, Judge Williams ruled.
As owner, Clarence has rights to possession.
By refusing to leave, Pompey was trespassing.
Pompey was ordered to leave within seven days, was not to cause any damage on his departure and was further ordered not to return to the property.
Brown v. Brown – Maori Land Court (16.07.25)
25.160