In August 2020, the Government passed targeted changes to Te Ture Whenua Māori Act 1993 to simplify the legal processes for owning, occupying and using Māori land. What has changed? Succession is the legal transfer of interests or shares in Māori land from a person who has passed away to the people who are legally entitled to own those interests.
As for incorporations, the Act provides that every Māori incorporation holds the land and assets “on trust” for the incorporated owners in proportion to their several interests in the land (s 250(4)).
Documents/Judges-corner-articles/MLC-2014-Jun-Judges-Corner-Ambler-J.pdf (191 kb)
The Trustees may at any time apply to the Court to vary this Order, PROVIDED THAT: (a) the Beneficiaries have had sufficient notice of the variation and sufficient opportunity to discuss and consider it; and (b) there is a sufficient degree of support for the variation among the Beneficiaries. Additional interests 7 7.3 If, after the constitution of this Trust, any additional Māori land interests are vested in the name of any person who has vested Māori
The authority given by an owner of an interest in land to another person to vote on their behalf.
Documents/Guides-Templates-Factsheets/MOJ0217.8E-SEP21-Maori-Incorporations-Factsheet.pdf (370 kb)
Exactly what sort of interests in the land did the people listed in the memorial of title actually have?
Documents/Guides-Templates-Factsheets/MLC-150-years-of-the-Maori-Land-Court.pdf (11 mb)
• Ahu whenua trust This is the most common Māori land trust. It’s designed to promote the use and administration of the land in the interest of the owners.
Uploads/MOJ0217.1E-Maori-Land-Trusts-May19-v2-WEB.pdf (166 kb)
• Ahu whenua trust This is the most common Māori land trust. It’s designed to promote the use and administration of the land in the interest of the owners.
Uploads/MOJ0217-v2.1E-Maori-Land-Trusts-May19-v2-WEB.pdf (166 kb)
• Ahu whenua trust This is the most common Māori land trust. It’s designed to promote the use and administration of the land in the interest of the owners.
Documents/Guides-Templates-Factsheets/MOJ0217.1E-Maori-Land-Trusts-May19-v2-WEB.pdf (166 kb)
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.
Documents/Guides-Templates-Factsheets/Factsheet-Succession-for-whangai-web-version.pdf (172 kb)
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.
Documents/Guides-Templates-Factsheets/Factsheet-Legislative-changes-affecting-trusts.pdf (303 kb)
