In 2019, the Māori Appellate Court in Moke v Trustees of Ngāti TarāwhaiIwi Trust held that the Māori Land Court (MLC) has jurisdiction over common law trusts established as post-settlement governance entities (PSGEs). In this article, I argue that while the Court's reasoning in Moke was unsound, the decision was never- theless a positive development because it gave PSGEs a choice of forum for administering their lands and resolving disputes. Prior to Moke, PSGEs generally assumed that they were supervised by the High Court alone. While Moke affirmed the MLC's jurisdiction, the Court's reasoning is difficult to reconcile with Te Ture Whenua Maori Act 1993 and existing case law. Nevertheless, it is desirable for PSGEs to be able to access the MLC. For smaller, less sophis- ticated PSGEs, the MLC is more effective than the High Court at facilitating dispute resolution in a manner consistent with tikanga Māori and helping the PSGE realise its aspirations with regard to its settlement lands. However, for larger, more sophisticated PSGEs, the High Court can better promote commercial efficiency. Given that a diverse range of PSGEs operate in the post-Treaty-settlement era, I recommend that Parliament allow some PSGEs to partially opt out of the MLC's jurisdiction if they can demonstrate sufficient capacity for self-regulation.
