Amendments to Te Ture Whenua Maori Act 1993 December 2020
Before 6 February 2021 A beneficiary of a whānau trust is not able to apply for an occupation order to use trust land for housing purposes.
Before 6 February 2021 A beneficiary of a whānau trust is not able to apply for an occupation order to use trust land for housing purposes.
• Whānau trust This is a whānau-oriented trust. It allows the whānau to bring together their Māori land interests for the benefit of the whānau and their descendants
Documents/Guides-Templates-Factsheets/MOJ0217.1E-OCT21-Maori-Land-Trusts.pdf (341 kb)
Ko tēnei te tiaki whenua motuhake mō te whānau. E whakahuihui ana tēnei tikanga i ngā hea o te whānau i roto i tētahi whenua Māori hei painga mō te whānau me ngā uri kei te heke mai.
Documents/Guides-Templates-Factsheets/MLC-maori-land-trusts-tereo.pdf (754 kb)
With shares held by individuals becoming increasingly fractionated but shares held in whānau trusts being relatively stable, I foresee a time when these whānau trusts will be major shareholders in trusts and incorporations.
Since 1 July 1993, shares in a Māori incorporation are deemed to be interests in Māori land and unless there’s an exemption, they’re treated the same as Māori land interests. Whānau trusts A whānau trust can be set up at the time of succession.
Documents/Guides-Templates-Factsheets/MOJ0217.7E-SEP21-Succession-Factsheet.pdf (362 kb)
Decide on voting threshold for a poll vote (for voting by shareholding) 14.4 This is the standard treatment of whānau trusts that put their shares into ahu whenua trusts.
Documents/Guides-Templates-Factsheets/Ahu-Whenua-Trust-Order-Template-18082025.pdf (444 kb)
Māori Land Trusts includes a section on whānau and pūtea trusts.
Māori Land Trusts includes a section on whānau and pūtea trusts.
Documents/Guides-Templates-Factsheets/MLC-incorporations-english.pdf (856 kb)
The enclosed terms of trust are an example of a COMPREHENSIVE trust order which you may use for your whānau trust.
You will also need to provide: a copy of their death certificate or other evidence of death an original or certified copy of the will written confirmation from any spouse or partner who wishes to surrender a lifetime right (if applicable) consents agreeing to include succession by whāngai (if applicable) a completed Whānau Trust application, draft trust order, written consent from trustees, and minutes from the hui agreeing to constitute a Whānau Trust (if...