New Zealand and Maori land trusts

Abstract

New Zealand, as in other jurisdictions, has a range of recognized trusts that would be familiar to many. These include express trusts, resulting trusts, constructive trusts, and charitable trusts. Perhaps more unfamiliar, at least to those outside New Zealand, are trusts that are unique to the New Zealand legal landscape and that are specific to Maori land. This article explores the relevance, and importance, of such trusts within New Zealand—Aotearoa. In doing so, the author considers a number of these Maori land trusts, and critically evaluates a range of issues, which includes governance; conflict of interest; unsatisfactory conduct; and dysfunction. While Maori land trusts are subject to the general laws of trust, it can be seen from the article how valuable such trusts are in recognizing and protecting Maori interests. As such, their unique nature reflects their fundamental relevance in indigenous culture, and also generally as an effective management tool for much Maori land.