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This is the position that the Māori Land Court took in Tautari v Mahanga41 where Judge Ambler stated;
“Clearly many owners feel whanaungatanga to both owners. The Act 42 promotes owners
resolving such disputes themselves but, where they are unable to do so, the Court must resolve
the dispute.
Awaiting Administrative Action
A20140004863 4/04/2014 CJ 2014/1 - Tangoio South 1A,1E,1F,1X, 2B, 2C, 2G, 4X,5X, 6X, 7X, 8A, 8X, 9X, 10, 12B, 27I and 27L Blocks - and an order vesting the land in the aggregate owners made at 129 Napier MB 31-35 on
12/02/1990 - Application to the Chief Judge
45/93 David Puna 1.
Awaiting Administrative Action
A20140004863 4/04/2014 CJ 2014/1 - Tangoio South 1A,1E,1F,1X, 2B, 2C, 2G, 4X,5X, 6X, 7X, 8A, 8X, 9X, 10, 12B, 27I and 27L Blocks - and an order vesting the land in the aggregate owners made at 129 Napier MB 31-35 on
12/02/1990 - Application to the Chief Judge
45/93 David Puna 1.
It is also rarely being used by owners in their capacity as owners. If they have possession of the land they will have, in most cases, an Occupation Order or a leasing arrangement with the owners.
Trusts
(Note: The term trusts includes all types of management structure, including Ahu Whenua Trusts, Whenua Tōpū Trusts, Pūtea Trusts,
Māori Incorporations and non-Māori Land Court created structures or organisations but it does not include agencies or agents)
Rohe # Trusts # Blks with
Trusts
# Blks
no Trusts
Area vested(ha) Area not vested(ha)
Taitokerau 1,088 1,459 3,940 88,704.9389 (60%) 59,204.1327 (40%)
Waikato Maniapoto 1,293 1,613 2,115 95,537....
Trusts
(Note: The term trusts includes all types of management structure, including Ahu Whenua Trusts, Whenua Tōpū Trusts, Pūtea Trusts,
Māori Incorporations and non-Māori Land Court created structures or organisations but it does not include agencies or agents)
Rohe # Trusts # Blks with
Trusts
# Blks
no Trusts
Area vested(ha) Area not vested(ha)
Taitokerau 1,088 1,459 3,940 88,704.9389 (60%) 59,204.1327 (40%)
Waikato Maniapoto 1,293 1,613 2,115 95,537....
Occupation orders can
now be granted not only to the landowner or any person
entitled to succeed to their interest, but also to beneficiaries
of the whānau trust that holds a beneficial interest in the
land.
Awaiting Administrative Action
A20140004863 4/04/2014 CJ 2014/1 - Tangoio South 1A,1E,1F,1X, 2B, 2C, 2G, 4X,5X, 6X, 7X, 8A, 8X, 9X, 10, 12B, 27I and 27L Blocks - and an order vesting the land in the aggregate owners made at 129 Napier MB 31-35 on
12/02/1990 - Application to the Chief Judge
45/93 David Puna 1.