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Salient. Official Newspaper of the Victoria University Students' Association. Vol 41 No. 10. May 15 1978

The Maori Land Court

The Maori Land Court

The Maori Land Court has been the principle legislative tool of the pakeha since 1865. In its early days it became known as "god-father". The Maori was seen as the nation's younger brother and had to be gently guided, nurtured and accustomed to the wheeling-dealing world of commerce. The Maori Land Court's role was labelled "quasi-parental" (4). But was it really?

There can be no doubting the genuine concern of the judges on the Maori Land Court bench—many developed a deep and abiding affection and respect for the Maori. To a large extent this respect was reciprocated. However the question that seemed inherent in much of the Court's reasoning was "how will this help assimilate the Maori people?" Once again the pakeha's arrogant assumption of cultural superiority became evident.

This inherent tendancy for assimilation received considerable legal sanction in 1967 with the passing of the Maori Affairs Amendment Act. The Court's powers of control over alienation were substantially fettered. It could no longer prevent the sale of Maori land (under multiple ownership) if it thought the sale in-equitable" i.e. contrary to the Maori interests, and thus became a rubber stamp. Its powers of scrutiny could only ensure that:
a)the consideration (price) was adequate.
b)the alienation would not result in the undue aggregation of farm land.

Mat Rata did not return the Court's parental jurisdiction during his ministry, but he did tighten up the quorum requirements for meetings of owners. 75% support of the owners had to be given to any sale of land under multiple ownership. The corollary of Rata's Amendment Act was the greatly increased usage of section 438.