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)
You will also need to provide: a copy of their death certificate or other evidence of death an original or certified copy of the will written confirmation from any spouse or partner who wishes to surrender a lifetime right (if applicable) consents agreeing to include succession by whāngai (if applicable) a completed Whānau Trust application, draft trust order, written consent from trustees, and minutes from the hui agreeing to constitute a Whānau
For example, for an application for succession, you’ll need a death certificate, any grant of administration (grant of probate2 or letters of administration3) 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/MOJ0217.6E-OCT21-Applications.pdf (335 kb)
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)
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-21-Application-for-succession2.pdf (617 kb)
That number will change as life interests terminate, interests are consolidated into trusts, and applications for succession are filed with the Court.
Māori Land Trusts includes a section on whānau and pūtea trusts.
Māori Land Trusts includes a section on whānau and pūtea trusts.
Documents/Guides-Templates-Factsheets/MLC-incorporations-english.pdf (856 kb)
Use this form to create an Ahu Whenua Trust (a land trust) by vesting one or more land blocks in trustees to manage, as set out in a trust deed/order on behalf of the beneficial owner(s).
Documents/Forms/MLC-Form-37-Constitute-Ahu-Whenua-Trust.pdf (204 kb)
Use this form to indicate that you consent to be appointed as a trustee for any trust involving the jurisdiction of the Māori Land Court.
Documents/Forms/MLC-Document-B1-Consent-trustee.pdf (202 kb)
