However, it is possible to make application to the Court to have an area excluded from a reservation pursuant to section 338(5), and then to set up an ahu whenua trust in relation to the excluded area with the object of allowing housing development to take place.
In Ellis v R [2020] NZSC 89, submissions were sought on the application of tikanga on the question of whether the Court has jurisdiction to hear an appeal against conviction after the death of the appellant.
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
That forum is where any beneficiaries may raise objections to appointments (criminal convictions or whatever).
Consultation with whānau I have consulted with my immediate whānau about this application; and There are no objections from my whānau 4.
Trustees must carry out their duties within the terms and objectives of the trust, act honestly and for the benefit of beneficiaries14 of the trust.
Documents/Guides-Templates-Factsheets/MOJ0217.1E-OCT21-Maori-Land-Trusts.pdf (341 kb)
Details as to how ownership of the land is to be apportioned after partition Details of notice of the application or proposal to the owners, the minutes of any meetings held for this purpose, and the amount of support for the proposal Copy of the current (certificate of) title (if any) of any land included in partition Local Authority approval (where applicable) Consents of owners Consents of Trustees (where applicable) Consent of Committee of Management of Māori Inc...
Documents/Forms/MLC-Form-39-Application-for-a-partition.pdf (302 kb)
These principles are: • a trust should be administered in a way that is consistent with its terms and objectives, and • a trust should be administered in a way that avoids unnecessary cost and complexity.
Documents/Guides-Templates-Factsheets/Factsheet-for-landowners-Trustee-Act.pdf (68 kb)
For any such appeal or rehearing: (a) Where a lawyer has been appointed on application by a party, a new application must be filed in advance of any appeal or rehearing.
Documents/Practice-notes/2023.10.17-MLC-Special-Aid-Practice-Note-FINAL.pdf (367 kb)
For some applications, landowners will need to notify other owners of their application to the Court ahead of time so they can attend hui, support the application, make a payment offer, or object to the application.
As a result I believe this should be one of the main objectives of the MLIS enhancement projects and that a concerted joint effort should be mounted across agencies who have the names and addresses of Māori owners, so that these addresses can be made available to an owner wanting to utilise his or her land and who is required by Te Ture Whenua Māori Act to notify those owners.
