In a novel twist, the Maori Land Court allowed a Taranaki hapu assume ownership of Maori land as an incorporated society, despite the society being a ‘legal person’ which cannot ever satisfy the usual test requiring new owners to prove ancestral links to the land.
Judge Warren said rules in Pukerangiora Manatopu’s constitution ensure control remains with individuals having the necessary ancestral links.
In existence for three decades, Pukerangiora Incorporated, now known as Pukerangiora Manatopu, is based at Waitara, near New Plymouth. Its primary purpose is to preserve and promote the hapu’s cultural identity.
The Maori Land Court was told the hapu proposed purchasing a block of land, currently registered as Maori freehold land.
In advance of the purchase, Pukerangiora sought Maori Land Court consent to ownership being taken in name of their existing incorporated society.
An incorporated society is a legal person, separate from its membership.
Judge Warren ruled approval depended upon the incorporated society’s rules.
The court was told membership of Pukerangiora is limited to adults approved by the hapu whakapapa committee. Non-hapu members are not eligible for membership.
Any proposal to sell land owned by Pukerangiora Manatopu requires approval from 75 per cent of members.
Should the incorporated society be dissolved, all assets must be transferred to an organisation having a similar purpose.
Approval was given for ownership of the Maori land offered for sale to be transferred to the hapu’s incorporated society.
Pukerangiora Manatopu exists exclusively for the benefit of one hapu, Judge Warren said.
The effect of Maori land being held in name of a hapu-controlled incorporated society means the Maori Land Court will exercise only indirect supervision; primary control lies within Incorporated Societies Act rules.
Moratti v. Pukerangiora Manatopu – Maori Land Court (24.04.26)
26.146