Any requests to appoint a mediator from beyond the list must be approved by the Director of the Māori Land Court before they can proceed. Contact your local district office for further information here.
(i) For the avoidance of doubt, if the parties agree to adopt the ADR process they
must complete Steps 1 and 2 of the ADR process, before the dispute can be
determined by the Court, unless both parties mutually agree in writing to opt out
before completion of the ADR process or there is a need for urgent injunctive
relief by any party to the dispute.
11.
Contact your trust about an occupation license or lease.
Before applying to the Māori Land Court for an occupation
order, you will need consent from the other owners of the
land, and if applicable, from trustees or the management
committee of the Māori incorporation over the land.
Where a minority trustee disagrees with the majority who have approved a mortgage, the
minority trusteecan:
(a) Record their dissent in writing before the mortgage is registered.
But a workable and popular model for kin group holding without individual shares has been found in the whānau trust. 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.
It is far better if owners or trustees resolve these matters well before they become issues at a crisis point such as at tangi, where emotions are heightened in any case.
