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Legislative changes affecting trusts
Effective from Waitangi Day, 6 February 2021
Updated provisions for removing a trustee
The Act now allows for the Māori Land Court to remove a
trustee if it is satisfied that they have lost the capacity to
perform their functions as a trustee, or that their removal is
desirable for the proper execution of the trust (for example
because they repeatedly refuse or fail to act as a trustee, they
become an undischarged bankrupt, or they are no longer
suitab...
At least one trustee must hold other core trust documents such
as records of the trust’s property, records of trustee decisions, and
accounting records and financial statements.
Use this form to create a Whānau Trust by vesting some or all of your interests in trustees to hold on behalf of the
descendants of a given person or tupuna (the beneficiaries)
If you are creating a Whānau Trust as part of a succession application please complete form 23.
What the Māori Freehold Land Registration Project has done has been to provide an invaluable updated base of knowledge for a new generation of policy makers keen to review and improve the manner in which owners, their whanau or hapu hold title. But the real challenge remains what it has always been for us all – the administration of Māori land and the delivery of services in accordance with the aspirations or rangatiratanga of Māori to retain, utilise and develop their land for the benef...
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 underline th...
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...
