However, it is possible to make application to the Court to have an area excluded from a reservation pursuant to section 338(5), and then to setup an ahu whenua trust in relation to the excluded area with the object of allowing housing development to take place.
Whenua Māori held by a Māori land trust
3. Where the title to the land is vested in a Māori land trust (e.g. an Ahu Whenua Trust or a
Whānau Trust) the trustees can approve a mortgage against the land subject to any
restrictions in the trust order (ss 147 and 150A of the Act)
TIKANGA MĀORI
Having indicated earlier that tikanga Māori cannot be reduced to writing and thereby set in concrete by
legislation, I have set out below a number of tikanga that most tohunga (Māori experts in matters Māori)
would agree exist and should be applied.