Reflections after nearly 20 years as a Māori Land Court
01 Nov 2013 | NewsBut a workable and popular model for kin group holding without individual shares has been found in the whānau trust.
But a workable and popular model for kin group holding without individual shares has been found in the whānau trust.
Having the ability to appoint up to two mediators is helpful, given that at times one single mediator may not necessarily have all of the relevant skills, particularly if there are a range of property law matters, together with issues of tikanga or where the parties wish to hold the mediation in te reo Māori. There may be occasions, for example whereby a sole mediator may have strengths in the law and property issues, but may not have the ability to manage tikanga issues that u...
Documents/Judges-corner-articles/Judges-Corner-Article-by-Judge-Aidan-Warren-on-Dispute-Resolution2.pdf (154 kb)
The order will be written up in the Court title records if it affects land, and sent to every person who has to act on it, for example, to the Māori trustee if they’ve been ordered to pay money they’re holding, or a Māori incorporation5 if the order affects shares in that incorporation.
Documents/Guides-Templates-Factsheets/MOJ0217.6E-OCT21-Applications.pdf (335 kb)
Similarly, many will hold shares in publicly listed companies. Generally, these interests will be such that they are unlikely to be affected by a particular piece of litigation and they are commonly disregarded.
Documents/Guides-Templates-Factsheets/Maori-Land-Court-Recusal-Guidelines.pdf (226 kb)
How prescriptive do trust orders need to be to impose minimum standards of notice for the calling of a trust’s meetings for the purpose of holding an election? Once again, some of the larger, more sophisticated trusts have included in their trust orders reference to the specific newspapers that are to be used for notice purposes and the frequency with which the notice must run as well as reference to iwi radio and tribal newspapers for example.
In the case of a Special General Meeting, the notice will state first the reason for holding the meeting. 3.18 The notice will be posted on the Marae Facebook Page and any other relevant portals and will also be announced over iwi radio.
Documents/Guides-Templates-Factsheets/05-08-2025-Marae-Charter-Template.pdf (632 kb)
The order will then be written up in the Court title records if it affects land, and will be sent to any party who has to act on it, for example the Māori trustee if the Māori trustee has been ordered to pay money he/she is holding, or a Māori incorporation if the order affects shares in that incorporation.
Documents/Guides-Templates-Factsheets/MLC-applications-english.pdf (327 kb)
Where land is vested in trustees, the trustees own the land as legal owners on behalf of the beneficiaries. The beneficiaries hold their individual shares in the land as beneficial owners.
Documents/Guides-Templates-Factsheets/MOJ0217.3E-OCT21-Transferring-Maori-Land-Shares.pdf (78 kb)
We hold court sittings, paneke, outreach hui, and trustee training sessions, both kanohi ki te kanohi and online.
If death has been established at a previous hearing, a further death certificate may not be required. 2 Names of immediate family members The information provided in question 5 helps the Court staff in their research to prepared the application for the Court hearing — any additional whakapapa could also help the Court in its search. 3 Next of kin Next of kin for the purposes of this succession are children of the deceased.
Documents/SILNA/S113-29-93-Appln-to-Determine-Successors-for-SILNA-Lands-Hawea-Wanaka.pdf (407 kb)