Learn how the Supreme Court’s decision affirms the Māori Land Court’s authority over Post-Settlement Governance Entities (PSGEs), and what this means for iwi trusts and land-owning entities in New Zealand.

Supreme Court Confirms Māori Land Court’s Jurisdiction Over Post-Settlement Governance Entities (PSGEs)

In a landmark ruling, the Supreme Court of New Zealand has overturned a previous Court of Appeal decision, confirming that the Māori Land Court has supervisory jurisdiction over a Post-Settlement Governance Entity (PSGE) structured as a trust and owning land. This decision carries significant legal implications for many iwi, hapū, and Māori trusts operating as PSGEs across the country.

Background of the Case

The case centred on a dispute involving two trustee positions within a PSGE. The Māori Land Court had initially ruled that fresh elections were required, exercising its supervisory role over the trust. While the Court of Appeal had reversed this decision, the Supreme Court reinstated the original ruling, confirming that the Māori Land Court retains jurisdiction over such entities—especially when the PSGE is a trust holding Māori freehold land or general land.

Implications for Māori Trusts and PSGEs

This decision reinforces that the Māori Land Court can exercise all the powers of the High Court when it comes to trusts that manage Māori or general land. These include:

• Supervising trust administration and performance
• Compelling trustees to provide reports
• Enforcing trustees’ legal and fiduciary obligations
• Appointing or removing trustees
• Approving variations to trust deeds
• Terminating a trust over all or part of the land

As such, iwi and hapū trusts structured as PSGEs must now be mindful of their obligations under Māori land law, especially where Māori freehold land or general land is involved.

Are All PSGEs Affected?

Not all PSGEs fall under this ruling. Exceptions include:

• PSGEs that do not own land (general or Māori)
• PSGEs whose settlement legislation explicitly excludes Māori Land Court jurisdiction

For those PSGEs that do own land and do not have such exclusions, this Supreme Court decision confirms that their governance is subject to ongoing oversight by the Māori Land Court.

Legal Advice for PSGE Governance and Trust Law

At Core Legal, with offices in Masterton and Wellington, we advise iwi, hapū, and trustees on Māori land law, trust obligations, and post-settlement governance structures. If you are unsure how this decision affects your PSGE or land-holding trust, we offer fixed-fee initial consultations to help clarify your legal position and next steps.

???? Contact Core Legal today for practical, cost-effective advice on Māori trust governance and compliance with this important Supreme Court ruling.