With shares held by individuals becoming increasingly fractionated but shares held in whānau trusts being relatively stable, I foresee a time when these whānau trusts will be major shareholders in trusts and incorporations.
What to file with the application Evidentiary documentation should be filed with the application. For example, an application for succession will require a death certificate, any grant of administration (probate 2 or letters of administration 3) or the original will, minutes of a whānau meeting if a whānau trust is required and consents of the proposed trustees.
Documents/Guides-Templates-Factsheets/MLC-applications-english.pdf (327 kb)
Common term for a trust order is a trust deed, which is the term used in the Trusts Act 2019. 4.
Documents/Guides-Templates-Factsheets/20210715-Trustees-Role-and-Duties.pdf (349 kb)
The Court will also need to be sure that there are no health issues related to the siting of the proposed urupā. For example, if there is a nearby water course the Court is likely to require the applicant to make inquiries with the Health Department and the local authority about any issues that such a feature might present in relation to a proposed burial ground.
Currently, the land is effectively held in trust until the owners can receive the land. There are 308 original owners.
If those entitled do wish to vest the deceased’s interests into a whānau trust please complete and attach application form 23.
Documents/Forms/MLC-Form-22-Application-for-succession2F.pdf (512 kb)
Owner(s) of shares of land held within a trust. Beneficiaries are also called the beneficial owners. 10.
Documents/Guides-Templates-Factsheets/MOJ0217.4E-OCT21-Maori-Reservations.pdf (348 kb)
The minimum number of trustees for a reservation is two people (unless the trustee is a body corporate 7, such as a Māori trust board or a Māori incorporation). A trustee does not have to be an owner in the land.
Documents/Guides-Templates-Factsheets/MLC-maori-reservations-english.pdf (389 kb)
Determine the terms of trust e.g. Te Tumu Paeroa’s Standard Ahu Whenua Trust Deed.
Documents/Landowner-notices/2.-Aotea-Notice-to-owners.pdf (246 kb)
Governance entities In the context in which I work, we have a range of governance entities, from trusts to incorporations, but no matter what the governance structure is - whether it is an ahu whenua trust, a whānau trust, a whenua tōpū trust, a pūtea trust, a kaitiaki trust, or an incorporation - key governance skills and capabilities are required.
