Appointment and replacement of Trustees 3.2 Only the Court can appoint or replace Trustees. 3.3 If a new Trustee is to be appointed (including as a replacement for an existing Trustee), the Trustees must: (a) call a meeting of the Beneficiaries to discuss the appointment of a new Trustee; (b) conduct a vote at that meeting to determine whether the new Trustee should be appointed; and (c) in order...
An elected trustee formally becomes a responsible trustee when the Court has granted an order of appointment.
Documents/Guides-Templates-Factsheets/20210715-Trustees-Role-and-Duties.pdf (349 kb)
For example, for an application for succession, you’ll need a death certificate, any grant of administration (grant of probate2 or letters of administration3) or the original will, minutes of a whānau meeting if a whānau trust is required, and consents of the proposed trustees. Filing your application You can file your completed application in person at any MLC office.
Documents/Guides-Templates-Factsheets/MOJ0217.6E-OCT21-Applications.pdf (335 kb)
The committee of management needs to know that the shares belong to the trust and that trustees have been duly appointed by the Māori Land Court.
The committee of management needs to know that the shares belong to the trust and that trustees have been duly appointed by the Māori Land Court.
Documents/Guides-Templates-Factsheets/MLC-incorporations-english.pdf (856 kb)
Legislative changes affecting trusts Effective from Waitangi Day, 6 February 2021 Updated provisions for removing a trustee The Act now allows for the Māori Land Court to remove a trustee if it is satisfied that they have lost the capacity to perform their functions as a trustee, or that their removal is desirable for the proper execution of the trust (for example because they repeatedly refuse or fail to act as a trustee, they become an undischarged bankrupt, o...
Documents/Guides-Templates-Factsheets/Factsheet-Legislative-changes-affecting-trusts.pdf (303 kb)
A further complication is that section 338(12) provides that the trustees of a Māori reservation may, with the consent of the Court, grant a lease or occupation licence of a reservation for a term not exceeding 14 years (including any term or terms of renewal).
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. Each application will have different requirements and these are usually set out in the application form or can be checked with Court staff.
Documents/Guides-Templates-Factsheets/MLC-applications-english.pdf (327 kb)
FEE: $228.00 MĀORI LAND COURT CONTACT DETAILS This application should be lodged with the Registrar in the District in which the land is located TAITOKERAU Level 1 16 Rathbone Street WHANGĀREI DX Box AX10086 WHANGĀREI PH: (09) 983 9940 Fax: (09) 983 9941 mlctaitokerau@justice.govt.nz TAITOKERAU Auckland Information Office Avanti Finance Building 65B Main Highway Ellerslie, AUCKLAND DX Box EX10912 AUCKLAND PH: (09) 279 5850 Fax: (09) 279 5852 mlctamakimakaurau@justice.govt.nz WAIKA...
Documents/Forms/MLC-Form-33-Confirmation-of-resolution.pdf (179 kb)
Fee: $ 228.00 Page 4 For more information visit www.māorilandcourt.govt.nz MLC 07/25 - 34 MĀORI LAND COURT CONTACT DETAILS This application should be lodged with the Registrar in the District in which the land is located SCHEDULE 1: MATTERS THAT MAY BE DEALT WITH BY ASSEMBLED OWNERS Section 172, Te Ture Whenua Māori Act 1993: The assembled owners of any land may consider, and, where appropriate, pass resolutions concerning, any 1 or more of the following matters: (a) a proposal that th...
Documents/Forms/MLC-Form-34-Confirmation-family-gathering.pdf (192 kb)
