Transfer or sell your land

You can transfer your Māori land interests as a gift or by way of sale by applying to us for either a:

  • Vesting Order – where you are transferring or selling the interests to someone within the preferred class of alienee (PCA) or
  • Confirmation of alienation – where you are transferring or selling the interests to anyone else.

Vesting Order

So long as the person or people receiving Māori land belong to the preferred class of alienee (PCA), you may apply to us for a Vesting Order under section 164 of Te Ture Whenua Māori Act 1993 (our Act) to transfer Māori land shares:

  • from one person to another person (or group of people) as a gift or by sale
  • from many people to one person (or a group of people) as a gift or by sale
  • to the trustee(s) of any person entitled to the shares
  • from a trustee holding shares to a person entitled to those shares
  • to provide a dwelling site for an owner
  • between owners to facilitate the partition of the land.

Find out more about the preferred class of alienee (PCA) 

To get a Vesting Order, we will ask you:

  1. to fill in the application for a Vesting Order – form 30
    Form 30 - Application for Vesting Order [PDF, 200 KB]
  2. also include the following:
    1. evidence as to the relationship between the parties – to establish that they are members of the preferred class of alienee (PCA)
    2. evidence that you have discussed the transfer with your children or descendants (if any)
  3. if the transfer is by way of sale, also include the following:
    1. evidence as to the value of the shares being sold
    2. evidence or agreement to support a lower value sale (if below valuation)
  4. to file your completed application with the court and pay the filing fee of $60 

We ask for a valuation so we can confirm the purchase price is a fair one, given the valuation of the land.

A rates notice or entry from the valuation roll of the local council is sufficient evidence to establish a value, although if the value of the transfer is significant you may be directed by the Court to supply a special valuation to the land.

If the price is significantly different from the valuation, but you have special reasons why this is the case (such as a lower price because you are selling to family), you may file an application to seek an exemption from having to lodge a valuation.

If you want to seek an exemption, we will ask you:

  1. to fill in an application for exemption from having to file a special valuation
    Form 26 - Exemption from special valuation [PDF, 70 KB]
  2. to attach it to a completed application for a Vesting Order
  3. to file your completed application with the court and pay the filing fee of $120 

Find out more about Transferring Māori Land Shares – Te Whakawhitihea Whenua Māori

Contact us for more assistance 

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Confirmation of alienation

Selling or gifting your Māori land to anyone outside of the preferred class of alienee (PCA) must be confirmed by the Court.

Before you consider transferring your land to someone outside the preferred class, you must show that:

  • you have given sufficient notice to anyone who is a member of the PCA to purchase the land at the price you have set
  • any offers you do receive have been declined (not reaching the required price) or you have received no expressions of interest to negotiate a price
  • you have a conditional agreement to sell the land from someone outside of the preferred class.

You must show that you have made an offer, or tried to make an offer, to other land owners or any member of the preferred class. This may be by notice in local newspapers in the area in which the land is located or by direct offer by mail or email.

Ultimately it is your responsibility to satisfy a judge that you have at least attempted to sell the land to members of the preferred class.

Following a reasonable notice and offer period you may then seek confirmation from us of a sale or gift.

When seeking a court confirmed transfer, we will ask you:

  1. to fill in an application for confirmation of alienation
    Form 25 - Confirmation of alienation [PDF, 99 KB]
  2. also include the following:
    1. evidence that demonstrates you have sought offers from members of the PCA which have been unsuccessful
    2. evidence of a conditional offer to purchase your interests (either by a separate contract or you can use our agreement to sell or gift interests – form 31)
    3. evidence that you have discussed the transfer with your children or descendants (if any)
    4. a registered valuation for the Māori land which is being transferred
  3. to file your completed application with the court and pay the filing fee of $200

Find out more about Transferring Māori Land Shares – Te Whakawhitihea Whenua Māori

Contact us for more assistance

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