The respective whānau trusts are coordinated through an ahu whenua trust for the management of the whole block and in dealings with third parties such as the Rotorua District Council.
• 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)
To view a copy of this license you may visit http://creativecommons.org/licenses/by-nc-sa/3.0/nz/ Please note that the Ministry of Justice, Māori Land Court or New Zealand Government logos may not be used in any way which infringes any provision of the Flags, Emblems and Names Protection Act 1981 or would infringe such provision if the relevant use occurred within New Zealand.
Documents/Guides-Templates-Factsheets/MLC-150-years-of-the-Maori-Land-Court.pdf (11 mb)
Records may be separated by type of trust, and in some cases the records of particular types of trusts may be on the personal/personalty files.
Documents/Guides-Templates-Factsheets/MLC-2017-03-03-RDS-Report.pdf (1.1 mb)
Having a sound title registration system does not reduce the fragmentation of interests, and removing successors’ direct access to the Court will arguably add a major barrier to the key mechanism in the Act that reduces fragmentation of interests – the whānau trust. Thus, the report’s recommendations may well exacerbate fragmentation of interests.
Documents/Judges-corner-articles/MLC-2014-Jun-Judges-Corner-Ambler-J.pdf (191 kb)
If those entitled do wish to vest the deceased’s interests into a whānau trust please complete and attach application form 23.
Documents/Forms/MLC-Form-21-Application-for-succession2F.pdf (510 kb)
It is also called a trust order. A trust order sets out the general purpose of the trust and well as the responsibilities, rights, obligations, and limitations of the trustees.
Documents/Guides-Templates-Factsheets/MLC-2023-Glossary-of-terms.pdf (278 kb)
In the recent High Court decision of Ngāti Whātua Ōrākei Trust v Attorney-General [2022] NZHC 843, there was considerable discussion of tikanga Māori in the context of who exercised mana whenua where the following were found; - Tikanga Māori is a source of broadly shared core values (tāhuhu) that may inform the development of the law and in some contexts is law
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
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...
Where that land is vested in a trust or an incorporation, such an order will only be made with the consent of the trust or management committee, and may be made for a specified period.
