Determined to stay living at Kainga Ora accommodation in Auckland following death of his mother, Jonathan Albert’s claim that the property had become Maori customary land he was entitled to inherit was dismissed by the Maori Land Court.
Ellen Albert died in October 2025, while a residential tenant at a Kainga Ora property on Beatrix Street in Avondale. Family members, including son Jonathon, lived with her.
Jonathan refused to leave.
Tenancy Tribunal ruled the tenancy came to an end on Ellen’s death; Jonathon had to leave.
In the Maori Land Court, Jonathon argued that his mother’s Beatrix Street tenancy had evolved into a customary right protected by the Treaty of Waitangi Act. As a blood relative, he had inherited these rights of occupation, Jonathon claimed. He was entitled to an occupation licence in his name recording his rights of occupation, he told the court.
Evidence was given that Land Information title to Beatrix Street has been registered in name of the Crown since 1942 and specifically Housing New Zealand since 1981.
Land Transfer Act principles make it clear that Housing New Zealand has absolute rights of ownership by reason of title registration, Judge Williams ruled.
There was no evidence of any trust over the Beatrix Street property in favour of the Albert family, he said.
Jonathon’s application for an occupation licence was dismissed.
Albert v. Kainga Ora Homes and Communities – Maori Land Court (2.04.26)
26.127