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Changes also strengthen the protections for Māori land. For example, when whenua is
changed from Māori customary land to Māori freehold land, the interests of the owners
will not be individualised.
You will also need to be clear what the plan is for building on
the land, including who the housing is for.
Contact a Māori Land Court offices for further information
about building on Māori land.
1 CJ Media statement, “Note from Chief Justice Winkelmann” released 25 March 2020. 2 Māori Land Court COVID-19 Court protocol as at 23 March 2020. 3 Māori Land Court COVID-19 Court protocol as at 20 April 2020. 4 Māori Land Court COVID-19 Court protocol as at 12 May 2020.
The Act now clarifies that Māori Land Court judges will follow
the tikanga of the hapū or iwi associated with the land being
succeeded to when deciding whether whāngai can succeed to
a land interest.
Kaiwhakawā Wilson Isaac
Ngāti Porou, Ngāi Tūhoe, Ngāti Kahungunu
Judge Wilson Isaac was appointed to the Māori Land Court on 11 March 1994, was appointed as Deputy Chief Judge of the Māori Land Court in 1999 and the Chief Judge of the Māori Land Court, and Chair of the Waitangi Tribunal on 13 August 2009.
S315 - masters
APPLICATION FOR AN EASEMENT
Te Ture Whenua Maori Act 1993, Section 315
In the Maori Land Court
of New Zealand
Aotea District
APPLICATION is hereby made for an easement laying out access as shown on the plan
filed herewith over the land known as
being:
(a) Maori freehold land; or
(b) European land that ceased to be Maori Land on or after 15 December 191...
For example, you will need to be able to record that a
surviving spouse is entitled to income from a land interest that
they do not own, and that some owners are not entitled to the
income from their land interest.
If there is a disagreement about access to the land, there are provisions for an internal review, and for the water service provider or the landowner to appeal to the Māori Land Court.
Your application will be considered ‘uncontested’ when:
• it has been notified according to Māori Land Court Rules;
and
• it has been published in the Māori Land Court’s National
Pānui; and
• no one has objected to the application.