If you do not intend to seek a grant of probate or administration in the estate you should complete the application for
succession without administration on Form 22.
This appraisal report allows the Court to seek an authority from the Chief
Archivist on the potential transfer of records - once that authority is granted - then a
separate process will be undertaken to determine what, if any, records will be transferred.
If the Māori incorporation holds land that has
been determined to be “investment land” in
terms of section 256 of the Act, it may gift
or sell that land without restriction.
Granting a lease
The Māori incorporation can grant a lease
of any land it holds, but any lease over
Māori freehold land for a term of more
than 52 years must be agreed to by a
resolution passed by the shareholders
owning at least 50 percent of the shares
and approved by the Māori Land Court.
If the Māori incorporation holds land that has
been determined to be “investment land” in
terms of section 256 of the Act, it may gift
or sell that land without restriction.
Granting a lease
The Māori incorporation can grant a lease
of any land it holds, but any lease over
Māori freehold land for a term of more
than 52 years must be agreed to by a
resolution passed by the shareholders
owning at least 50 percent of the shares
and approved by the Māori Land Court.
For
example, for an application for succession, you’ll need a
death certificate, any grant of administration (grant of
probate2 or letters of administration3) or the original will,
minutes of a whānau meeting if a whānau trust is required,
and consents of the proposed trustees.
Any person who
is entitled, or will be entitled, to a beneficial
interest in the land is entitled to appear and
to be heard at the Court hearing.
Granting a vesting order
Before granting a vesting order to transfer
shares or interests, the Māori Land Court
must be satisfied that:
• any instruments of alienation have been
executed and attested (ie signed and
witnessed) in the manner required
by the Rules of the Court.