The principal purpose of this part of
the Act is to empower the Māori Land Court
to facilitate the use and occupation of land
by Māori landowners, enabling owners to
improve their land holdings through better title
configuration, and provide, add to or otherwise
enhance their access to the land.
The principal purpose of this part of
the Act is to empower the Māori Land Court
to facilitate the use and occupation of land
by Māori landowners, enabling owners to
improve their land holdings through better title
configuration, and provide, add to or otherwise
enhance their access to the land.
MOJ0217.5E_OCT21maorilandcourt.govt.nz
Contact the Māori Land Court
The DX number is the postal address.
LICENCE TO OCCUPY
A licence to occupy essentially has the same effect as an
occupation order.
Trustees:
• may not mortgage or sell the land
• may grant a lease or occupationlicence
• must seek the MLC’s consent to any lease or occupationlicence.
(g) Grant the right to occupy any part or parts of the trust land by granting a licence to
occupy or lease, or by consenting to the court granting an occupation order to one or
more of the beneficial owners, their descendants or (where the beneficial owner is
deceased) their successors, provided that
(i) the trustees must consult with the beneficial owners before setting the policy
concerning the terms of occupation of the land, especially when the terms are
mor...
Trustees:
• may not mortgage or sell the land
• may grant a lease or occupationlicence
for up to 14 years, although longer leases
for health or education can be arranged
• must seek the Court’s consent to any
lease or occupationlicence.
(g) Grant the right to occupy in relation to any part or parts of the Trust Land by
granting a licence to occupy or lease, or by consenting to the Court granting an
occupation order to one or more of the Beneficial Owners, their descendants or
(where the Beneficial Owner is deceased) their successors, provided that:
(i) the Trustees must consult with the Beneficial Owners before setting the
policy concerning the terms of occupation of the land, especially when
th...
A further complication is that section 338(12) provides that the trustees of a Māori reservation may, with the consent of the Court, grant a lease or occupationlicence of a reservation for a term not exceeding 14 years (including any term or terms of renewal).
THIS IS AN EXAMPLE OCCUPATION ORDER. IT SETS OUT THE GENERAL TERMS
THAT THE COURT MAY INCLUDE IN AN OCCUPATION ORDER ISSUED UNDER
SECTION 328 OF TE TURE WHENUA MĀORI ACT 1993.
2.
