A licence to occupy gives you permission to build on or occupy whenua.
The Māori Land court requires you to send notice of the application to the landowners, occupiers, and trustees 10.
The Māori Land court requires you to send notice of the application to the landowners, occupiers, and trustees 10.
Documents/Guides-Templates-Factsheets/MLC-title-improvement-english.pdf (385 kb)
However, the trustees must have the power to grant licences to occupy in their trust order.
Documents/Guides-Templates-Factsheets/MOJ0217.5E-OCT21-Title-Improvement.pdf (357 kb)
(h) Allow those granted a right to occupy to erect a dwelling on the site designated for occupation.
Documents/Guides-Templates-Factsheets/2021-12-07-Ahu-Whenua-Trust-Order-Template.pdf (398 kb)
If the Trustees are discussing and/or deciding whether to grant a right to occupy, a license or lease of Trust land to a Trustee ("Trustee X") or someone related to Trustee X, then Trustee X has a Conflict.
However, it is possible to make application to the Court to have an area excluded from a reservation pursuant to section 338(5), and then to set up an ahu whenua trust in relation to the excluded area with the object of allowing housing development to take place.
The Court may, on considering your notification, arrange for the application to be set down for a formal hearing if the application has yet to be determined or for a rehearing if the application has already been determined.
Documents/Panui/0108423-Ministry-of-Justice-National-Panui-March-2023-FINAL1.pdf (714 kb)
The Court may, on considering your notification, arrange for the application to be set down for a formal hearing if the application has yet to be determined or for a rehearing if the application has already been determined.
The Registrar may, on receiving your notification, arrange for the application to be set down for a formal hearing before a judge.
Documents/Panui/1213222-Ministry-of-Justice-National-Panui-February-2023-web2.pdf (752 kb)
