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.
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
(state full name), apply to the Court to constitute a whānau trust in respect of: tick as appropriate all my/our land interests the land interests listed in the schedule hereto Details of proposed whānau trust: 1.
Documents/Forms/MLC-Form-36-Application-to-constitute-a-whanau-trust-202104.pdf (285 kb)
Full names of owner's children: a. b. c. d. e. f. g. h. 3.
Documents/Forms/MLC-Form-1-General-application-v3.pdf (236 kb)
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....
Documents/Maori-Land-Updates/Maori-Land-Update-2014.pdf (572 kb)
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....
Documents/Maori-Land-Data/Maori-Land-Update-2014.pdf (572 kb)
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.
The new Mediation regime establishes a dispute resolution process based on tikanga Māori to assist owners of Māori Land to resolve disagreements and conflict about their land.
The new Mediation regime establishes a dispute resolution process based on tikanga Māori to assist owners of Māori Land to resolve disagreements and conflict about their land.
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