Informal Maori whangai adoptions cut across rules that ancestral land devolves along blood lines, leading to disputes within whanau whether family members with no biological link should become part-owners of ancestral land. Maori Land Court rulings must take into account local sensitivities.
It is routine practice in Maori society to have children raised by family who are not their biological parents. Family circumstances, whanau tradition and infertility can all lead to a child being passed on to others.
There is no paperwork. It is an oral agreement.
In contrast, paperwork completed for a statutory Adoption Act adoption sees a child legally considered the child of adoptive parents, severing all links with biological parents.
After Sharon Marino’s death in 2018, there was a dispute whether her whangai son Ricky should join Sharon’s grand-daughter Shayleigh Puhia as successors to her interest in ancestral land, with each taking a half share of Sharon’s interest.
The court was told Sharon had two sons: a natural child John who pre-deceased her, leaving daughter Shayleigh; and Ricky, a whangai son.
Ricky is a biological nephew of John’s father.
He was raised by Sharon from age six months, growing up in the same household and treated by whanau as brother to John.
Te Ture Whenua Maori Act allows whangai descendants to inherit ancestral land, provided that is the custom within a particular iwi or hapu.
The Maori Land Court was told local custom prescribed in this case that all whanau must agree to whangai children inheriting communally owned ancestral land. Sharon’s sister and one brother objected, blocking a grant of succession rights to Ricky. Another of Sharon’s brothers said Ricky should inherit.
Judge Thomas ruled against succession, but granted a life interest; Ricky is entitled to receive during his lifetime income distributions paid on the ancestral landholding passing to Shayleigh on succession from her grandmother Sharon.
re Succession to Sharon Marino – Maori Land Court (8.09.25)
25.201