Any lessees of the block will have to be consulted with regard to the proposal as it may affect their use of the block. Similarly, any mortgagees will also have an interest in the proposal as it may affect their security over the block.
This process is set out in the trust order. You can submit an application to enforce the obligations of the trustees if you're unable to resolve the issues with them and you think the trustee's actions may have serious consequences for the trust.
The exception, of course, is the election of their representative on the ahu whenua trust before its inaugural AGM. Accordingly, whilst all the beneficiaries of the respective whānau trusts are also beneficiaries of the ahu whenua trust, there is no election of trustees at an ahu whenua trust AGM.
Where that land is vested in a trust or an incorporation, such an order will only be made with the consent of the trust or management committee, and may be made for a specified period.
We produce our own draft order; OR YES NO We wish to use the Court’s standard trust order. YES NO 9. Section 218 of Te Ture Whenua Māori Act 1993 contains a list of Māori community purposes to which income may be ap- plied if provision is made in the trust order.
Documents/Forms/MLC-Form-37-Constitute-Ahu-Whenua-Trust.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.
Please note that research requests may take up to 10 days to complete and court staff may not be able to locate the information or if your request requires significant research you may be asked to undertake that research yourself at office in which the records are located – physical files are only available for viewing in the office in which the are located.
Documents/Guides-Templates-Factsheets/MLC-2017-Minute-Book-Abbreviations.pdf (470 kb)
For example: if you enter Te Five One karka Brown Phenua Trust it will bring back results for Te Five One Karakia Brown Whanau Trust Search fields Note: 'Management Structure' and 'Organisation' are the same - the two can be used interchangeably.
In the recent High Court decision of Ngāti Whātua Ōrākei Trust v Attorney-General [2022] NZHC 843, there was considerable discussion of tikanga Māori in the context of who exercised mana whenua where the following were found; - Tikanga Māori is a source of broadly shared core values (tāhuhu) that may inform the development of the law and in some contexts is law
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
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Documents/Guides-Templates-Factsheets/MLC-applications-english.pdf (327 kb)
