Finding Solutions for the Legislative Gaps in Determining Rights to the Family Home on Colonially Defined Indigenous Lands

Abstract

This article queries: what happens to the family home if the owner dies or the couple separate when it has been built on, in Canada, Indian reserve land, or in NZ on Māori freehold land? This is a critical issue where the general law of a 50/50 split does not apply to Indigenous tenure land. The author explores the Canadian proposed legislation and illustrate the need for NZ to develop its own legal answers.