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These principles are:
• a trust should be administered in a way that is consistent
with its terms and objectives, and
• a trust should be administered in a way that avoids
unnecessary cost and complexity.
Historically, most succession applications were heard by a
Māori Land Court judge.
Now, if your succession application is assessed to be ‘simple
and uncontested’, then it can be decided by a Māori Land
Court registrar without a court sitting (unless you request to
be heard by a judge in a court sitting).
Where the relevant tikanga does not recognise a relationship
that entitles whāngai to succeed, the Māori Land Court may
issue a court order giving whāngai a lifetime right to receive
income or grants from the land or the right to occupy the
family home on the land, or both.
Inquiry about delayed judgments
If you are concerned about a delay in delivering a reserved judgment in the Māori Land
Court in a case in which you have an interest (or are the legal representative for
someone with an interest), an inquiry should be made to Chief Registrar.
First, what it is that might possibly lead to a reasonable apprehension by a fully
informed observer that the judge might decide the case other than on its merits;
and
2.
Any other documents, plans, materials, or records that –
a) A Judge or Registrar considers necessary to preserve the Court’s historical record of title
and ownership; or
b) A Judge or Registrar considers necessary for the Court to function as a court of record;
or
c) Are required to be kept of maintained under Te Ture Whenua Māori Act 1993; and
F.
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• Alienation: Some offices kept specific series
relating to the lease and sale of Māori Land
which required confirmation of the local District
Māori Land Board
• Judicial: In some cases, early judicial officers
would maintain their own minute book series for
specific investigations or because they would be
away from a regional centre for long periods of
time
• Quasi-judicial: Where a Registrar or Deputy
Registrar acted in a quasi-jud...
1
An index of past and present judicial officers of
the Māori Land Court and Native Land Court
1 May 2018
Judicial officers of the Native Land Court from 1864 to 1947
Judge Date appointed
John Rogan 25 June 1864 (President)
9 January 1865 (Judge)
Wiremu Tipene 25 June 1864
Matikikuha 25 June 1864
Te Keene of Orakei 25 June 1864
Tamati Reweti 25 June 1864
George Clarke 25 October 1864 (President)
9 January 1865 (Judge)
Hone Mohi Tawhai 25 October 1864
P...
For example, an
application for succession will require a
death certificate, any grant of administration
(probate 2 or letters of administration 3) or the
original will, minutes of a whānau meeting if
a whānau trust is required and consents of
the proposed trustees.