Māori Land Court Standard Ahu Whenua/Whenua Toopū Trust Order Checklist The purpose of this checklist is to provide a reference to the terms within this draft trust order which require further consideration by the owners.
You can however customise the trust order to take account of your circumstances.
Documents/Guides-Templates-Factsheets/2021-12-07-Ahu-Whenua-Trust-Order-Template.pdf (398 kb)
The enclosed terms of trust are an example of a COMPREHENSIVE trust order which you may use for your whānau trust.
In most instances, the trust order sets out how voting shall take place. If the trust order doesn’t state this, the meeting attendees should decide what they prefer.
Documents/Guides-Templates-Factsheets/20210715-Trustees-Role-and-Duties.pdf (349 kb)
A copy of the draft trust order is attached to this application; or 7.
Documents/Forms/MLC-Form-36-Application-to-constitute-a-whanau-trust-202104.pdf (201 kb)
Every trustee must keep a copy of the trust deed (trust order) and any variations made to it. At least one trustee must hold other core trust documents such as records of the trust’s property, records of trustee decisions, and accounting records and financial statements.
Documents/Guides-Templates-Factsheets/Factsheet-for-landowners-Trustee-Act.pdf (68 kb)
If the trust order does prevent a mortgage, an application will have to be filed to amend the trust order per s 244 of the Act. 4.
The beneficiaries are called the beneficial owners. 8. Common term for a trust order is a trust deed, which is the term used in the Trusts Act 2019. 9.
Documents/Guides-Templates-Factsheets/MOJ0217.1E-OCT21-Maori-Land-Trusts.pdf (341 kb)
The prototype trust order was known as the “Panguru D3 model” and was followed by the “Rawhiti model” which incorporated common use areas in a Māori reservation.
Their powers, rights, and obligations are set out in the trust order. Trustees must not spend money unnecessarily or without proper authority, as this is a breach of the trust order.
Uploads/MOJ0217.1E-Maori-Land-Trusts-May19-v2-WEB.pdf (166 kb)
