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In this case, you can talk directly to the trustees about occupying or building on the land and they can approve your plans without court involvement, if the trust order allows it.
The ‘residue’ section is land that has always been part of the Crown Grant, but has been occupied by
the Council.
Back in court the following day in Nelson, Judge Reeves explained the final orders she
would make.
Unfortunately,
some of these changes have not gone as well as
anticipated.
The Māori Land Court would like to ac-
knowledge that the changes have caused disrup-
tion to the work of the Court leading to a poor
experience for landowners, whānau, applicants,
and other users of the Court’s services.
If an owner with Māori land interests is deceased, and probate, letters of administration or an election to administer
the estate have been granted by High Court, or is to be obtained, you can use this form to seek a determination from
the Court as to those persons entitled to a deceased’s Māori Land interests and an order transferring the interests to
those entitled.
Where the relevant tikanga does not recognise a relationship
that entitles whāngai to succeed, the Māori Land Court may
issue a courtorder giving whāngai a lifetime right to receive
income or grants from the land or the right to occupy the
family home on the land, or both.
This is in
case an appeal is lodged against the judge’s decision.
The order will be written up in the Court title records if it
affects land, and sent to every person who has to act on it,
for example, to the Māori trustee if they’ve been ordered to
pay money they’re holding, or a Māori incorporation5 if the
order affects shares in that incorporation.
There may
be a need for a Tiriti body or court to regulate jurisdictional boundaries. In the meantime, it is the duty
of our Courts to ensure compliance by government with its treaty obligations.
