MLC 2023 Glossary of terms
AUDITOR A person who checks and examines accounts. BENEFICIAL OWNER The owner of a beneficial interest in land.
Documents/Guides-Templates-Factsheets/MLC-2023-Glossary-of-terms.pdf (278 kb)
AUDITOR A person who checks and examines accounts. BENEFICIAL OWNER The owner of a beneficial interest in land.
Documents/Guides-Templates-Factsheets/MLC-2023-Glossary-of-terms.pdf (278 kb)
Māori incorporations Whenua owned by several people can be administered through a Māori incorporation, which becomes the legal owner of the land and assets vested in it. The landowners become shareholders, and own shares in the incorporation rather than in an individual land block.
But, it is my experience that not all owners will participate even with notice. It is not uncommon for a block of 100-200 owners, for meetings to attract less than 10 owners – and that is on a good day.
In some instances this is because the land has only one or just a few owners, or because the land is unsuitable for any form of development and owners have decided to leave it in its natural state.
Benefits Descendants are involved as owners of the land and exercise their voting rights sooner.
A Māori incorporation is a structure similar to a company and any land or assets are vested in the Incorporation. Former land owners become shareholders in the Incorporation rather than owners in the land.
Documents/Guides-Templates-Factsheets/MLC-2017-03-03-RDS-Report.pdf (1.1 mb)
SECTION APPLICANT SUBJECT SP13 11:30AM AP-20260000001835 67/93 Janette Hamilton- Pearce, Allamein Ann Tangira, Manuelle Garrett (Christie), Elaine Tangira, Evelyn Pearl Tangira (Wright), Atareta Wirihana He whakarerekētanga ki ngā tarahitī mō Motuaruhe 5E Ahu Whenua Trust Replace trustees with uri and shareholders from the six original owners as responsible trustees of the Motuaruhe 5E Ahu Whenua Trust – Judicial Conference SP14 11:30AM AP-2026...
In a small number of cases with the consent of the owners of the land the Court was able to formalise the situation.
The interests are not split between them – they are co-owners. If one owner dies, the other joint tenant(s) automatically succeed to the interest that the deceased joint tenant held.
This is the position that the Māori Land Court took in Tautari v Mahanga41 where Judge Ambler stated; “Clearly many owners feel whanaungatanga to both owners. The Act 42 promotes owners resolving such disputes themselves but, where they are unable to do so, the Court must resolve the dispute.
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)