In such circumstances it may be worth applying to Court to see whether the trustees can grant leases or licences for a term exceeding seven years, with rights of renewal for one or more terms, which may exceed 14 years in total. Until such an application is made there is no guarantee as to how the Court would view the matter and the success of any such application would depend on its own facts.
There are perhaps 20 or 30 large and successful trusts and incorporations, which are an exception to this.
This certification should be filed with an application for succession (when grant of administration held) on form 21, and replaces Schedule 1 of that form.
Documents/Forms/MLC-Form-20-Certificate-by-administrator.pdf (85 kb)
(2) The following matters must be set out in the application: (a) in respect of the order or certificate of confirmation that is the subject of the application,— (i) the date of the order or certificate; and (ii) a description of the land affected; and (iii) the names of the owners affected or, in the case of succession, the name of the deceased: (b) in respect of the mistake or omission sought to be corrected,— (i) a statement of the nature of the mistake or omission,...
A green banner will display a confirmation that the transaction was successful. You can now click “Submit Application” in the lower right corner.
How-do-I-user-guides/Submitting-an-application-v1-6.pdf (2.2 mb)
You can apply to create a whānau trust through an application for succession, or as a stand-alone application.
Signed consents of the proposed trustees are attached to this application 6. A copy of the draft trust order is attached to this application; or 7.
Documents/Forms/MLC-Form-36-Application-to-constitute-a-whanau-trust-202104.pdf (159 kb)
The house to which this application relates - Select the statement that applies.
Another point that the Court may consider in the context of experience is a nominee’s former or current role as a trustee and the extent to which that has been successful or otherwise. Where a trustee has been involved in difficult situations on other trusts, whether or not a satisfactory explanation has been provided may also be a necessary point to review.
The rapid pace of Treaty settlements has created challenges for the Tribunal, and the number of the applications in the Māori Land Court continues to rise as well.
