Occupation orders can now be granted not only to the landowner or any person entitled to succeed to their interest, but also to beneficiaries of the whānau trust that holds a beneficial interest in the land.
However, in the Court historic imaged records, Title Orders (“TTO”) usually refer to an order that creates a title (eg Partition, Amalgamation, Freehold Orders).
Documents/Guides-Templates-Factsheets/MLC-2023-Glossary-of-terms.pdf (278 kb)
HOWEVER, THE COURT RETAINS ABSOLUTE DISCRETION AS TO THE TERMS OF ANY OCCUPATION ORDER. 3.
Documents/Guides-Templates-Factsheets/2021-03-12-Example-Occupation-Order.pdf (150 kb)
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.
Documents/Guides-Templates-Factsheets/MOJ0217.6E-OCT21-Applications.pdf (335 kb)
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.
Documents/Guides-Templates-Factsheets/MLC-applications-english.pdf (327 kb)
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.
Where the relevant tikanga does not recognise a relationship that entitles whāngai to succeed, the Māori Land Court may issue a court order 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.
Documents/Guides-Templates-Factsheets/Factsheet-Succession-for-whangai-web-version.pdf (172 kb)
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)
The Court cannot make Court orders 5 to set the land aside as a Māori reservation.
Documents/Guides-Templates-Factsheets/MLC-maori-reservations-english.pdf (389 kb)
Grounds for application: I am a party to a contract or arrangement relating to the proposed transfer; or I am the transferor/donor of the land or interest; or I am a trustee for a person entitled to the land or interest 3. Consultation with whānau I have consulted with my immediate whānau about this application; and There are no objections from my whānau 4.
