What is customary title?

Officials' advice to the Government in 1998 - extracts:

Customary title (also referred to as aboriginal title) is a common law concept. Common law is developed by decisions of the court, not from acts of Parliament. Common law recognises that when a state acquires sovereignty over another country, the pre-existing rights of the indigenous population remain.

These pre-existing rights are known as customary rights. The Crown acquires the right to govern and becomes the holder of the underlying title to all land but the Crown's underlying title to the land is subject to the customary rights of the indigenous population ...

Customary rights continue until they are either voluntarily given up or are extinguished by a colonising power. Extinguishment is either by sale of the land or by legislation. The courts have said that extinguishment must be with the consent of the indigenous owners (at least in times of peace). Although at times compulsory acquisition may be required, in such a case compensation should be paid ...

Article II of the Treaty of Waitangi confirms Maori customary title to land [The Queen confirms and guarantees to the chiefs the full exclusive and undisturbed possession of the lands and estates, forests and fisheries and other properties] ...

Te Ture Whenua Act 1993 gives the Maori Land Court the jurisdiction to consider this claim ... Section 131 gives the court the jurisdiction to determine and declare, by a status order, the particular status of any parcel of land. There are six statutes of land under the act: Maori customary land; Maori freehold land; general land owned by Maori; general land; Crown land; and Crown land reserved for Maori.

Section 132 states that "the Maori land court shall continue to have exclusive jurisdiction to investigate the title to Maori customary land and to determine the relative interests of the owner of the land."

- Source: Briefing to Maori Affairs Minister (Tau Henare), Marlborough Sounds Foreshore and Seabed Proceedings.