Legislative changes affecting trusts
Effective from Waitangi Day, 6 February 2021
Updated provisions for removing a trustee
The Act now allows for the Māori Land Court to remove a
trustee if it is satisfied that they have lost the capacity to
perform their functions as a trustee, or that their removal is
desirable for the proper execution of the trust (for example
because they repeatedly refuse or fail to act as a trustee, they
become an undischarged bankrupt, o...
Effect of termination
(a) On the End Date, any improvement erected on the Site by the Occupier shall
be removed at the Occupier’s own expense. This right to remove improvements
is subject to the Occupier obtaining a s 18(1)(a) order from the Court, declaring
the Occupier’s ownership of the improvements.
Other changes
A number of minor and technical changes have been made to improve the operation of
Te Ture Whenua Māori Act from February 2021.
These changes include making it easier for landowners to establish Māori incorporations,
and provisions for removing a trustee or a member of a committee of management of an
incorporation have been updated.
Examples of poor business practice include:
counting and auditing practises that depart from standard requirements.
A long-term pattern of poor returns from activities, such as farms that run at a loss.
If the Court considers that the minority trustee is acting
unreasonably, they could be removedfrom office for cause.
Whenua Māori held by a Māori Incorporation
9.
If you want to remove a trustee, you’ll need to provide:
evidence of any meetings called to remove the trustee(s) and the attendance and minutes, and
the details of the trustee or trustees who should be removed and the reasons why.
APPLICATION NO: SECTION: APPLICANT: SUBJECT:
A20220015502 40A/93,
67/93
Manaia Inia Rehu 23 C Omaru Road, and 271 Governors Bay Road, Rapaki
(Section 4B2 MR875 Rapaki CFR482556 and Section
4AMR875 Rapaki) A20210014717 - Judicial conference
A20220016490 18(1)(a)/93 Rachel Anne
Sizemore
Alice Sizemore - Determination of a life interest
A20220016410 113/93,
117/93
Athena Andrea
Wise
Allan Panapa Hapakuku also known as Alan Panapa
Hapakuku - Succession
A20220016669 164/93 Elizabeth Mo...
If a trustee has been removed by the Court for cause under s 240 of the Act, should that be a relevant consideration when assessing a candidate’s suitability for appointment?
