#national: Concerns Raised Over Plan to Remove Māori Land Court Oversight of Settlement Entities

Legal experts and Māori leaders are raising concerns about a government proposal that would remove the supervisory role of the Māori Land Court over post-settlement governance entities, warning the change could weaken accountability and access to justice for whānau and hapū.

The proposal would allow many settlement entities to opt out of key provisions of Te Ture Whenua Māori Act, shifting oversight and dispute resolution away from the Māori Land Court and into the High Court system.

For some legal observers, including lawyer Tania Waikato, the move represents a significant change in how collective iwi assets are governed and how beneficiaries can challenge decisions made by the organisations responsible for managing Treaty settlement resources.

Post-settlement governance entities, commonly known as PSGEs, were created to receive and manage assets returned to iwi through Treaty settlement processes. These organisations often oversee large portfolios that include land, commercial investments and social development programmes intended to benefit current and future generations.

Under existing legal frameworks, sections of Te Ture Whenua Māori Act allow the Māori Land Court to supervise certain governance matters and provide a pathway for whānau or hapū members to raise disputes.

Supporters of the current system say the Māori Land Court offers a forum that is generally more accessible and culturally grounded than the mainstream court system, incorporating tikanga considerations and operating at a lower cost than the High Court.

Critics of the proposed changes argue that shifting disputes to the High Court could create significant barriers for individuals seeking to challenge decisions made by settlement entities.

High Court proceedings are typically more complex and expensive, which may discourage whānau from pursuing legal action even when they believe governance decisions are inconsistent with the interests of beneficiaries.

Legal experts also warn that removing the Māori Land Court’s oversight could reduce transparency and weaken accountability mechanisms that currently exist for trustees managing settlement assets.

Sections 237 and 245 of Te Ture Whenua Māori Act currently provide dispute-resolution pathways that help beneficiaries seek clarification or challenge governance decisions where concerns arise.

If settlement entities are allowed to opt out of those provisions, critics say fewer checks may exist on how decisions are made within organisations responsible for managing large pools of collective assets.

The proposal follows a recent Supreme Court decision confirming that the Māori Land Court does have jurisdiction over certain aspects of settlement governance structures, including a case involving the Tūhoe post-settlement entity Te Uru Taumatua.

Some observers say the Government’s proposed legislative change appears to respond directly to that ruling by narrowing the circumstances in which the Māori Land Court can exercise authority over settlement bodies.

The issue has also sparked wider debate about the relationship between Treaty settlement structures and the Crown’s ongoing obligations under Te Tiriti o Waitangi.

For many Māori communities, governance of settlement assets is closely tied to tikanga, whakapapa relationships and collective responsibility to future generations.

Legal commentators say any changes to oversight structures must carefully consider how to balance organisational autonomy with mechanisms that ensure accountability to iwi members.

As the proposal moves toward legislation, the debate is expected to draw significant interest from iwi organisations, legal experts and Māori communities concerned about how settlement assets and governance structures will be protected in the future.