Secondly, when trustees find themselves in difficulty with the result that a trust suffers substantial losses, the Court is criticised for failing to properly supervise trusts and for appointing individuals lacking the necessary ability, experience and knowledge to administer trusts effectively.
A list of the current persons through the generations who would have
succeeded to the seven owners last listed by the Court in 1902, in their
proportions.
2. Findings on the status of the land, including:
a.
• A whenua tōpū trust holds and manages the land for the use of hapū or iwi.
The process for constituting an ahu whenua or whenua tōpū trust is similar.
Community Law - Free legal help
In your application, you’ll need to provide evidence that the trustees have been acting in a way that breaches their trust order. If the judge finds sufficient evidence to proceed, they may require the trustees to provide a report or to appear in court for questioning.
The
extent to which they are included depends on:
• whether they are related by blood to the deceased
• their connection to the whenua
• the tikanga of the relevant iwi or hapū
Payment of funds
Section 242 of Te Ture Whenua Māori Act 1993
If money is being held on behalf of the deceased by a trust or incorporation, the Court can make an
order for the payment of those funds to the people determined entitled under the succession
application.
We used evidence from previous successions in the Court record to find as many successors as possible, and whānau have since come to succeed and we have updated the list accordingly.