New Zealand Law and Practice Examination key terms

The 1840 agreement between the British Crown and Māori chiefs, comprising a Māori text and an English text whose differences still shape legal argument. It underpins much New Zealand law and practice today.

The Māori-language version of the 1840 Treaty, signed by most chiefs. Its wording differs from the English text, particularly over the scope of ceded sovereignty, and it is the version central to Waitangi Tribunal interpretation.

Judicially and politically developed concepts - partnership, active protection, good faith and redress - used to apply the Treaty to modern decision-making. Statutes often require decision-makers to act consistently with these principles.

A provision in a statute requiring the Crown or a public body to act consistently with the principles of the Treaty of Waitangi. Such clauses limit discretion and can support challenges to decisions affecting Māori interests.

A permanent commission of inquiry established in 1975 that investigates claims by Māori that the Crown has breached the Treaty. It makes recommendations, which are generally not binding on the Crown.

A Waitangi Tribunal claim concerning Crown acts or omissions before 21 September 1992. Such claims must generally be filed by the statutory cut-off date to be investigated on their merits.

A Waitangi Tribunal claim about Crown conduct on or after 21 September 1992. Unlike historical claims, these are not subject to the same closing-date rules and can address current policy or legislation.

A court of record that determines Māori customary and freehold land interests, succession and related matters under Te Ture Whenua Māori Act. It also hears applications to incorporate Māori land trusts and incorporations.

Land whose beneficial ownership is held by Māori and which is administered under Te Ture Whenua Māori Act. Its status as Māori land is recorded in the court's records and affects how it can be dealt with.

The statute governing Māori land, including ownership records, trusts, incorporations and the jurisdiction of the Māori Land Court. It aims to retain land in Māori ownership and promote its effective use.

The government department responsible for the cadastre, land titles, surveying and geospatial information. It administers the Land Transfer Act and the overseas investment regime for sensitive land.

The statute that replaced the Land Transfer Act 1952 and governs registration of title in New Zealand. It sets out indefeasibility, the register, caveats, encumbrances and compensation for errors in the register.

A system of land registration in which title is recorded on a public register rather than proved by historical deeds. Registration gives the registered proprietor title subject to the interests recorded against it.

The principle that a registered proprietor's title is secure against most unregistered claims and prior interests, being subject only to interests recorded on the register and limited statutory exceptions such as fraud.

A notice lodged against a registered title to protect an unregistered interest in the land. It prevents registration of dealings inconsistent with the claimed interest until the caveat is withdrawn or removed by order.

The ranking of competing interests in land or in an asset. Under the Torrens system, registration generally determines priority, while in other contexts notice and statutory ordering rules may decide which interest prevails.

The statute governing foreign investment in sensitive New Zealand assets, including certain land, businesses and forestry. Decisions are made under a national-interest and benefit-to-New-Zealand test by the relevant ministers.

Approval granted by the relevant ministers under the Overseas Investment Act allowing an overseas person to acquire a sensitive asset. Acquiring without consent can lead to penalties and orders requiring disposal.

New Zealand's principal environmental planning statute, promoting sustainable management of natural and physical resources. It governs land use, subdivision, discharge of contaminants and coastal matters through plans and resource consents.

A permission granted under the Resource Management Act to undertake an activity that a plan or the Act controls, such as land use, subdivision, taking water or discharging contaminants. It may be subject to conditions.

A document prepared by a territorial authority under the Resource Management Act setting objectives, policies, rules and methods for managing land use and subdivision in its district. Rules in a plan can make activities permitted, controlled or discretionary.

The statute dealing with many aspects of property transactions, including sale of land, mortgages, leases, covenants and easements. It supplies default rules where contracts are silent and governs remedies for default.

The standard-form contract used for most New Zealand residential and commercial property transactions, commonly the REINZ/ADLS form. It sets out conditions, settlement date, deposit and default provisions.

A registered right to use another person's land for a limited purpose, such as a right of way or drainage. Easements run with the land and bind successive owners when properly created and registered.

A promise affecting land, often restricting its use. Restrictive covenants may bind later owners if properly created and notified, and are enforceable under the Property Law Act and general land law principles.

A form of ownership of part of a building or complex, such as an apartment, with shared ownership of common property. It is governed by the Unit Titles Act and body corporate rules.

The legal entity of owners in a unit title development, responsible for administering common property, setting levies and enforcing operational rules. It is constituted under the Unit Titles Act 2010.

The statute governing unit title developments, covering ownership boundaries, body corporate governance, long-term maintenance plans and disclosure obligations on sale. It was amended to strengthen governance and disclosure requirements.

The point in a property transaction when the purchase price is paid and title or possession passes to the buyer. Settlement is usually completed through the solicitor's or conveyancer's electronic dealing system.

The electronic system operated by Land Information New Zealand for lodging and registering land dealings and cadastral surveys. Most instruments affecting title must be submitted and processed through it.

The statute regulating lawyers and conveyancers, including practising requirements, client care, trust account rules and professional discipline. It established the New Zealand Law Society and Lawyers and Conveyancers Disciplinary Tribunal framework.

Rules made under the Lawyers and Conveyancers Act requiring lawyers to provide written information about services, fees, duties and complaints procedures. They underpin informed consent and transparent engagement with clients.

An account where a lawyer or conveyancer holds client money separately from their own funds, subject to strict accounting and audit requirements. Misuse is a serious disciplinary offence under the Lawyers and Conveyancers Act.

The regime requiring reporting entities, including lawyers and conveyancers, to conduct customer due diligence, monitor transactions and report suspicious activity. It is administered under the Anti-Money Laundering and Countering Financing of Terrorism Act.

The statute governing collection, use, storage and disclosure of personal information in New Zealand. It contains information privacy principles, breach notification duties and powers for the Privacy Commissioner.

The statute giving people a right to request information held by government agencies, subject to withholding grounds. It promotes open government and is relevant to practice involving public bodies and their records.

The High Court's supervisory jurisdiction over public decision-makers, examining whether a decision was lawful, reasonable and procedurally fair. It does not usually substitute the court's own decision on the merits.

The procedural fairness requirements that a decision-maker hear both sides and be free from bias. Breach can make a decision invalid, and the principles apply to courts, tribunals and many administrative decision-makers.