• In the unlikely event that no one is entitled to succeed, the Court can determine who should succeed and, if necessary, create a trust for the deceased’s interests.
Documents/Guides-Templates-Factsheets/MLC-succession-english.pdf (1.2 mb)
This form may be used to apply to the Court to confirm one or more resolutions passed by owners in Māori Freehold Land or General Land owned by Māori who together are members of the same family and who have taken the opportunity to meet together following a family gathering (such as tangi, wedding or reunion).
Documents/Forms/MLC-Form-34-Confirmation-family-gathering.pdf (105 kb)
Titles can issue for land that is owned outright ('fee simple') or they can issue for a lesser estate such as for a lease ('leasehold').
Documents/Guides-Templates-Factsheets/MLC-2023-Glossary-of-terms.pdf (278 kb)
Where a minority trustee disagrees with the majority who have approved a mortgage, the minority trustee can: (a) Record their dissent in writing before the mortgage is registered.
NOMINATIONS Anyone can be nominated as a trustee. The minimum number of trustees for a reservation is two people (unless the trustee is a body corporate6, such as a Māori trust board or a Māori incorporation). 5.
Documents/Guides-Templates-Factsheets/MOJ0217.4E-OCT21-Maori-Reservations.pdf (348 kb)
Nominations Anyone can be nominated as a trustee. 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).
Documents/Guides-Templates-Factsheets/MLC-maori-reservations-english.pdf (389 kb)
From 6 February 2021 Occupation licenses for papakāinga housing can be granted for more than 14 years, with a right of renewal.
Here an individual can form the trust and appoint trustees and the shareholding, which maybe across many blocks, is held for the uri of that individual down through the generations.
The principal difficulty with the proposal for an external manager or administrator is that it creates an additional and unnecessary category of governor of Māori land for a very isolated problem, when that role can and should be performed by a trustee (as, for example, the Māori Trustee previously did under the Māori Affairs Act 1953).
Documents/Judges-corner-articles/MLC-2014-Jun-Judges-Corner-Ambler-J.pdf (191 kb)
Once the successors have been determined, a meeting of successors will be held for them to vote on how they wish to receive and hold the land.
