Banking Practice Note
Mortgage: A charge over land or an interest in land created by a mortgagor under the Property Law Act 2007.
Mortgage: A charge over land or an interest in land created by a mortgagor under the Property Law Act 2007.
This practice note is subject to Part 16 of the Māori Land Court Rules 2011 (Rules). 3. This practice note applies to the use of the Special Aid Fund by the Māori Land Court and the Māori Appellate Court (Court).
Documents/Practice-notes/2023.10.17-MLC-Special-Aid-Practice-Note-FINAL.pdf (367 kb)
Significantly, the substantive analysis of the perceived problems with the Act amounts to three paragraphs beginning at the bottom of page 17: The current regime governing Māori land is structured so that a number of decisions cannot be taken by Māori land owners themselves because they are subject to endorsement by the Māori Land Court.
Documents/Judges-corner-articles/MLC-2014-Jun-Judges-Corner-Ambler-J.pdf (191 kb)
The authority given by an owner of an interest in land to another person to vote on their behalf.
Documents/Guides-Templates-Factsheets/20210715-Trustees-Role-and-Duties.pdf (349 kb)
The eyes were picked out of Aotearoa’s available land by successive Native Land Court regimes and rapidly converted to European land in the 19th and 20th Centuries.
For example, a private mediation appointed by consent under the Act, cannot create an outcome whereby the parties have agreed to a change of status from Māori Land to General Land in their mediated agreement and expect that to be rubber stamped by the Court.
Documents/Judges-corner-articles/Judges-Corner-Article-by-Judge-Aidan-Warren-on-Dispute-Resolution2.pdf (154 kb)
For example, a private mediation appointed by consent under the Act, cannot create an outcome whereby the parties have agreed to a change of status from Māori Land to General Land in their mediated agreement and expect that to be rubber stamped by the Court.
This was compounded by the impact of the Canterbury earthquakes and the re-structure of the Māori Land Court in 2016-2017.
Historically, trust applications were heard by a Māori Land Court judge. Now, if your application is assessed to be ‘simple and uncontested’, then it can be decided by a Māori Land Court registrar without a court sitting (unless you request to be heard by a judge in a court sitting).
Documents/Guides-Templates-Factsheets/Factsheet-Legislative-changes-affecting-trusts.pdf (303 kb)
The special bond between Māori people and the land is recognised by the Māori Land Court, and the records held by this Court form an invaluable part of the whakapapa of all Māori.
Uploads/MOJ0217.1E-Maori-Land-Trusts-May19-v2-WEB.pdf (166 kb)