The Māori Land Court is conducting an inquiry to establish the successors to SILNA lands pursuant to Section 29, Te Ture Whenua Māori Act 1993 in accordance with an application filled by the Minister of Māori Affairs, currently under application A20180009373.
This means that wills do not apply, and all legal children are entitled to succeed, equally. The applications are free. Download the application form for Hāwea-Wanaka Download the application form for Toitoi To apply, please email the completed form and any supporting evidence to mlcsilna@justice.govt.nz or bring the completed application into any of the Māori Land Court offices to send to the Christchurch office.
THOSE PERSON(S) ARE ENTITLED TO SUCCEED — Select the statement that applies. by virtue of a will.
Documents/Forms/MLC-Form-20-Certificate-by-administrator.pdf (378 kb)
PROPOSED TRUSTEES TO BE APPOINTED: Name: Name: Name: Name: Name: Name: Signed by the Applicant (s): Dated: / / Dated: / / NOTE: (i) Consents of all beneficiaries to an estate must be filed.
Documents/Forms/MLC-Form-23-Application-Whanau-Trust.pdf (149 kb)
Occupation orders can now be granted not only to the landowner or any person entitled to succeed to their interest, but also to beneficiaries of the whānau trust that holds a beneficial interest in the land.
I also filed two section 45 applications in relation to those succession applications which were made in the 1970s.
The main priorities for the Court now are first, to remedy errors in the lists, using s 86 of TTWMA, and second, to update the list of successors based on previous and new evidence, the latter of which requires hearings to be held so evidence can be heard. An application form based on the existing form for successions has been modified for the purposes of SILNA determinations, and individual applications are linked to a central file to ensure consistency.
APPLICATION FEE Due to the nature of these applications, and in terms of the Court’s inquiry under section 29 of Te Ture Whenua Māori Act 1993 and also in recognition of the provisions of Part 15 of the Ngāi Tahu Deed of Settlement, the Registrar for Te Waipounamu District has approved a waiver of filing fees for applications filed on this form.
Documents/SILNA/S113-29-93-Appln-to-Determine-Successors-for-SILNA-Lands-Hawea-Wanaka.pdf (407 kb)
Also include the name of the application, the name of the block and its legal description.
Documents/Guides-Templates-Factsheets/2021-03-12-Example-Occupation-Order.pdf (150 kb)
Our Act provides various safeguards to ensure that Māori land may only be transferred by court order following an application to succeed, gift, or sell to the PCA. Ownership interests can only be transferred outside of the PCA if members of the PCA decline to apply for those interests.
