Judges Corner Article by Judge Aidan Warren on Dispute Resolution2
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.
General powers of Trustees 1.3 The Trustees have the following general powers: (a) all the powers necessary to manage the Trust Property including, in relation to the Trust Property, all the powers of an absolute owner of the property; and (b) all the powers necessary to carry out the terms of the Trust, including powers incidental to those in paragraph (a).
OCCUPATION ORDER: An occupation order provides the right to build on a piece of land owned by multiple owners (but does not grant a title of ownership over that piece of land).
Trustee responsibilities can include: researching options for the whenua on behalf of owners attending regular trustee meetings to discuss and debate plans for the trust communicating with owners and organising hui for owners or trustees to discuss plans for the whenua visiting the whenua regularly to check on the wellbeing of the land, and working with people involved in the whenua or trust, such as a lessee, accountant, or management team.
They may also call an owner hui where, if necessary, trustees will be replaced or elected.
When the land has many owners, it’s important that the costs are shared fairly among everyone.
Te Kooti Whenua Māori has directed that a hui-a-owners takes place for the sole purpose of an Election of Trustees, for each of the following Māori Reservations.
This package forms part of the funding towards the recovery for whenua Māori owners affected by Cyclone Gabrielle. The funding is for clean-up of sediment & debris, where mahi has already been completed (either by owners or by contractors) and for any similar mahi to be completed in the future.
Charging orders – water services charges In certain situations, Māori landowners may have to pay for water services. If an owner of Māori freehold land in multiple ownership has paid more than their share of water services changes, they can apply to the Māori Land Court for a “charging order” to recover the excess amount paid.
The practice note addresses important questions that whānau and professionals working in the sector are grappling with including: How do owners of whenua Māori approve a mortgage? How is a mortgage registered against whenua Māori?