If the problems cannot be resolved, the landowners can apply to the Māori Land Court to: • review the terms, operation, or other aspect of the trust • add, replace, or remove trustees • investigate the trust • enforce the terms of the trust • vary the terms of the trust • terminate the trust.
Uploads/MOJ0217.1E-Maori-Land-Trusts-May19-v2-WEB.pdf (166 kb)
If the problems cannot be resolved, the landowners can apply to the Māori Land Court to: • review the terms, operation, or other aspect of the trust • add, replace, or remove trustees • investigate the trust • enforce the terms of the trust • vary the terms of the trust • terminate the trust.
Uploads/MOJ0217-v2.1E-Maori-Land-Trusts-May19-v2-WEB.pdf (166 kb)
If the problems cannot be resolved, the landowners can apply to the Māori Land Court to: • review the terms, operation, or other aspect of the trust • add, replace, or remove trustees • investigate the trust • enforce the terms of the trust • vary the terms of the trust • terminate the trust.
Documents/Guides-Templates-Factsheets/MOJ0217.1E-Maori-Land-Trusts-May19-v2-WEB.pdf (166 kb)
The Trusts Act does not contain all the law relating to trusts.
Documents/Guides-Templates-Factsheets/Factsheet-for-landowners-Trustee-Act.pdf (68 kb)
In the Utuhina model, the power is with the whānau trust beneficiaries.
Much will depend on the nature of the trust’s business and the ability, experience and knowledge of nominees in areas relevant to the trust’s activities.
I/we wish to adopt the standard draft trust order used by the Court.
Documents/Forms/MLC-Form-36-Application-to-constitute-a-whanau-trust-202104.pdf (201 kb)
When you submit an application, you’ll need to include information about the trust and trustees. The Court will review: day-to-day management of the trust financial management of the trust documentation of the trust, and the terms of the trust.
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)
Trustee duties Ngā mōhiotanga Acquaintance As a trustee you need to know: what is being administered by the trust (any land or other assets of the trust) the terms of trust (your powers and responsibilities under the trust order) all the issues affecting the trust.
