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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).
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.
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.
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.
Ka
taea e ngā rōpū tikanga kaitiaki pēnei me
ngā rōpū kaitiaki tikanga ā whānau, ngā rōpū
kaitiaki pūtea 2 me ngā rōpū kaitiaki 3 anō, te
mahi ki raro i te marara o te kaporeihana Māori.
The minimum number of trustees for a
reservation is two people (unless the trustee
is a body corporate 7, such as a Māori trust
board or a Māori incorporation).
Te roa o te tūnga kaitiaki
Ka mau tonu te kaitiaki i taua tūnga kia
whakahau rā anō te kōti, kua ea te wā ki a ia.
Ka āhei anō te kaitiaki ki te rihaina i te wā e
hiahia ana a ia, ā, mā te Kooti Whenua Māori
rānei a ia e whakamutu mēnā ka rangona
1 He whenua ehara nō Māori, ehara nō te
Karauna.
2 Ko te Kuini tonu te rangatira whai mana o
Aotearoa hei tā te Karauna.
(b) Where a person dies intestate
(without a will), a grant of letters of
administration is obtained.
5 The administrator/s are responsible for
ensuring that these assets are transferred to
those entitled to them.
6 A change of ownership of land gives the
recipient of that interest the ownership and
its associated rights (land may be vested in a
trustee, or shares may be vested in another
person).
7 In broad terms, land that i...