This is in case any appeal is lodged to contest the decision made by the Judge. The order will then be written up in the Court title records if it affects land, and will be sent to any party who has to act on it, for example the Māori trustee if the Māori trustee has been ordered to pay money he/she is holding, or a Māori incorporation if the order affects shares in that incorporation.
Documents/Guides-Templates-Factsheets/MLC-applications-english.pdf (327 kb)
I have advised the owners: (a) That an occupation order may pass by succession; YES NO; and (b) that an occupation order may be for a definite term or until a specified event; YES NO; and (c) of the term for which the order is sought; YES NO 6.
Dated: / / Being a Final Order Refusal to make an order A provisional or preliminary determination NATURE OF ORDER: (Specify nature of order or determination, including details of any land affected) ...........................................................................................................................................................................................................................................................................
Common term for a trust order is a trust deed, which is the term used in the Trusts Act 2019. 9.
Documents/Guides-Templates-Factsheets/MOJ0217.1E-OCT21-Maori-Land-Trusts.pdf (341 kb)
We produce our own draft order; OR YES NO We wish to use the Court’s standard trust order.
Documents/Forms/MLC-Form-37-Constitute-Ahu-Whenua-Trust.pdf (204 kb)
If the trust order does prevent a mortgage, an application will have to be filed to amend the trust order per s 244 of the Act. 4.
A judge can then make a court order to set the land aside as a Māori reservation.
Documents/Guides-Templates-Factsheets/MOJ0217.4E-OCT21-Maori-Reservations.pdf (348 kb)
Every trustee must keep a copy of the trust deed (trust order) and any variations made to it. At least one trustee must hold other core trust documents such as records of the trust’s property, records of trustee decisions, and accounting records and financial statements.
Documents/Guides-Templates-Factsheets/Factsheet-for-landowners-Trustee-Act.pdf (68 kb)
When requesting minutes (or orders generated from those minutes) it is important to use the syntax adopted by the Court.
Documents/Guides-Templates-Factsheets/MLC-2017-Minute-Book-Abbreviations.pdf (470 kb)
(iii) That there are no disputes as to succession or issues to be settled before an order can be made. (iv) That it is desired that an order be made without formal hearing and without notice SIGNATURE OF APPLICANT(S) Dated: Dated: Dated: Sworn/declared/affirmed this : ....................................................................................................................................................................................................................
Documents/Forms/MLC-Form-21-Application-for-succession2.pdf (617 kb)
