The owners have/have not* been advised
(a) that an occupation order may pass by succession; and
(b) that an occupation order may be for a definite term or until a specified event; and
(c) of the term for which the order is sought.
6.
A key function of this
role is the on-going data and business information
verification, maintenance and quality storage and
care of all Court records including land titles, courtorders, permanent paper records and other historical
information of business and cultural significance.
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.
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.
Procedure for the Court hearing
As the applicant, you need to report to a
Court officer at the hearing so that the Court
is aware that the applicant is present.
However, in the Court historic imaged
records, Title Orders (“TTO”) usually refer to an
order that creates a title (eg Partition,
Amalgamation, Freehold Orders).
The Court will consider the views of the whānau involved in the succession, whether there is a blood connection between the whāngai child and the parent(s) whose who owns the interests, and when the whāngai child came into the care of that parent.