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Māori Land Update –
Ngā Āhuatanga o te whenua
July 2014 | Hōngongoi 2014
This update is issued by the Office of the Chief Registrar, Māori Land Court | Te Kooti Whenua Māori
as part of the ongoing efforts to help inform and assist owners, organisations and government
agencies about the characteristics of Māori Customary and Māori Freehold Land.
Trusts
(Note: The term trusts includes all types of management structure, including Ahu Whenu...
block and a vesting order made at
102 Rotorua MB 332-333 on
5/4/1956 - Application to the Chief
Judge
AP-20230000027565
A20220010829
45/93 Nathan John Bevin CJ 2022/30 - David Te Au and a
succession order made at 41 South
Island MB 9-10 on 24/2/1965 -
Application to the Chief Judge
AP-20230000027567
A20220011703
45/93 Donna Marie Barnes CJ 2022/31 - Norma Margret
Matenga or Norma Margret Barnes
or Tepara Barnes and a succession
order made at 54 Taupo MB 375-376
on 11/4/1979...
Where that land is vested in a trust or an incorporation,
such an order will only be made with the consent of the trust
or management committee, and may be made for a specified
period.
Use this form to create an Ahu Whenua Trust (a land trust) by vesting one or more land blocks in trustees to
manage, as set out in a trust deed/order on behalf of the beneficial owner(s).
With shares held by individuals becoming increasingly fractionated but shares held in whānau trusts being relatively stable, I foresee a time when these whānau trusts will be major shareholders in trusts and incorporations.
Ngā puka taupānga me te puka Tarahiti
Succession and Trust application forms
Form 20: Certificate by administrator
Rule 10.2(3), Sections 111 or 113
(PDF 263 kb)
Form 21: Succession (grant of administration)
Rule 10.2(2)(a), Sections 113 and 117
(PDF 370 kb)
Form 22: Succession (no grant of administration)
Rule 10.2(1),(2), Sections 113 and 118
(PDF 371 kb)
Form 23: Application for whānau trust (with succession)
Rule 12.3, Section 214
...
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.
He tauira tēnei, ko te tono
mō ngā pānga whenua o te tangata mate,
me whai tiwhikete rēhitatanga o te matenga
o taua tangata rā, he tuku whakahaerenga
(tono whakamau wira 2, ngā reta tuku
whakahaere 3 rānei), te wira tuatahi rānei,
ngā kōrero mai i te hui ā-whānau mēnā kei
te whakatūria he rōpū Kaitiaki Whānau, arā
Whānau Trust me ngā whakaaetanga o ngā
tāngata ka whakaingoatia ki runga ki te trust.
This does not
mean a trustee must treat all beneficiaries equally, but all
beneficiaries must be treated in accordance with the terms of
the trust.
5. Owner(s) of shares of land held within a trust.