While the Māori Land Court is not required to consider the local authority district plan when determining an application for an urupā reservation on Māori freehold land, a stricter approach may be taken if the urupā is proposed to be placed on general land.
What is a ‘simple and uncontested’ application? ‘Simple’ succession applications have no complicating factors.
The lease or occupation license does not grant a title of ownership; this remains with the trust.
(If applicable) copy of the minutes of the meeting of owners where consent granted is attached.
Apply for a fee waiver in Pātaka Whenua Download the fee waiver application form Application fees Ngā tono me te kore utu Applications without fees Application for Dispute Resolution Application to form a Whānau Trust (when filed together with succession) An application under the Family Protection Act 1955 An application under the Law Reform (Testamentary Promises) Act 1949 Ngā tono $23 $23 applications...
Generally speaking, where next of kin die before the person from whom succession is sought, the children of the next of kin are entitled to the share they would have received had they survived the deceased. 4 Notice of hearing While an applicant is not required to give formal notice of hearing to other beneficiaries, he or she is expected to consult with them and advise them of the application and when it is to be heard.
The process for applying for succession has not changed. Apply by completing the appropriate application form.
Documents/Guides-Templates-Factsheets/Factsheet-Legislative-changes-affecting-trusts.pdf (303 kb)
Request a rehearing in Pātaka Whenua Download the application form Te pīra i tētahi whakatau (utu tāpae $399) Appeal a decision (filing fee $399) If you think the Māori Land Court has made an error when making a decision about an application, you can apply to the Chief Judge to appeal the decision.
(2) The following matters must be set out in the application: (a) in respect of the order or certificate of confirmation that is the subject of the application,— (i) the date of the order or certificate; and (ii) a description of the land affected; and (iii) the names of the owners affected or, in the case of succession, the name of the deceased: (b) in respect of the mistake or omission sought to be corrected,— (i) a statement of the nature of the mistake or omission,...
Generally speaking, where next of kin die before the person from whom succession is sought, the children of the next of kin are entitled to the share they would have received had they survived the deceased. 4 Notice of hearing While an applicant is not required to give formal notice of hearing to other beneficiaries, he or she is expected to consult with them and advise them of the application and when it is to be heard.
Documents/SILNA/S113-29-93-Appln-to-Determine-Successors-for-SILNA-Lands-Hawea-Wanaka.pdf (407 kb)
