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He taitara
hanga ka whiwhi ki ia kaipupuri e kī ana:
(a) He hea wātea nā te tangata rīhi kei
roto i te poraka
(b) He rīhi tūturu motuhake ki te pito
whenua rā.
11 He tangata whai mana ki te whakahaere
rawa nō ngā kaipupuri me ngā kaiwhiwhi.
For
instance, they may own block A and also have an interest in
block B. With the consent of the other owners of both blocks,
and by making an application to the MLC for a combined
partition, the interests could be combined to create the new
block Z.
I have advised the owners:
(a) That an occupation order may pass by succession; YES NO; and
(b) that an occupation order may be for a definite term
or until a specified event;
YES NO; and
(c) of the term for which the order is sought; YES NO
6.
The Māori Land Court’s role is to identify all successors and their relative beneficial interests by identifying all persons entitled to succeed to the interest of an original beneficiary in SILNA lands: (a) As though the land was Māori freehold land; and (b) As though the deceased person died intestate (applying the principles of s 109 of Te Ture Whenua Māori Act 1993 (TTWMA)).
For example, conflicts of interest might be relevant or the need to obtain a suitable spread of skills amongst the trustees;
if the Court is not minded to appoint the leading candidates through an election it must still be satisfied that the requirements of s 222(2)(b) are met;
the discretion to appoint is not broad and unfettered.
SECTION APPLICANT SUBJECT
SP17 9:30 AM AP-20240000013097 135/93 Deputy
Registrar
Hauhungaroa B – Change from
General land to Māori freehold land
Judicial Conference
The Court may convene to make
orders.