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March 05, 2026
#national: Government Proposal to Remove Māori Land Court Oversight Sparks Concern
Matthew Tukaki
Posted On March 5, 2026
The Government is proposing legislative changes that would remove the supervisory powers of the Māori Land Court over many Post-Settlement Governance Entities (PSGEs), a move that is already drawing strong criticism from some Māori leaders and legal advocates.
The proposal would allow settlement entities created through Treaty settlements to opt out of sections of Te Ture Whenua Māori Act that currently give the Māori Land Court jurisdiction over certain trust matters. Under the proposed changes, disputes involving those entities would instead be taken to the High Court.
The issue has come to the fore following a 2024 Supreme Court ruling involving Te Uru Taumatua, the post-settlement governance entity for Tūhoe. The decision confirmed that the Māori Land Court had jurisdiction over aspects of the organisation’s governance under existing law.
Cabinet approved work on new legislation in 2025 after concerns were raised that the ruling created uncertainty for iwi settlement entities about the scope of the court’s authority over their operations.
However, the proposed change has alarmed some Māori leaders who argue the Māori Land Court provides an accessible forum for resolving disputes involving collective Māori assets and governance structures.
Members of Te Kaunihera Kaumātua o Tūhoe, who were involved in the legal challenge that led to the Supreme Court decision, say removing the court’s oversight would weaken access to justice for Māori and reduce independent scrutiny of settlement entities.
Legal advocates for the group say the Māori Land Court offers a culturally grounded and relatively accessible pathway for resolving disputes, while the High Court process can be significantly more expensive and difficult for whānau and community members to pursue.
They argue the change risks limiting the ability of beneficiaries to challenge governance decisions within large iwi settlement organisations.
Supporters of the proposal, including leadership within some settlement entities, say the Supreme Court decision created legal confusion about how iwi governance structures operate and that it was never intended for the Māori Land Court to supervise those bodies once settlements were completed.
They argue post-settlement governance entities were designed to operate independently as part of iwi self-determination arrangements negotiated through Treaty settlements.
The debate highlights broader tensions around accountability and autonomy in the management of Treaty settlement assets, which are often held in trust on behalf of large numbers of iwi beneficiaries.
For many Māori, the Māori Land Court has long played a central role in overseeing Māori land and governance matters, with processes that incorporate tikanga and are generally more accessible to whānau than mainstream courts.
Critics of the proposed change say removing the court’s jurisdiction could weaken important safeguards that allow beneficiaries to hold settlement entities accountable.
The Government is expected to introduce legislation to implement the proposal, which will then be considered by Parliament and subject to the select committee process.
As discussion continues, the proposal is likely to remain a significant issue across te ao Māori, particularly for iwi organisations and whānau seeking clarity about how collective assets and governance structures will be overseen in the future.
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