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You need to include both
applications (this streamlines the process
so that you, the Court staff, and the Judge
are able to deal with the succession and
the establishment of a whānau trust at the
same time).
You need to include both
applications (this streamlines the process
so that you, the Court staff, and the Judge
are able to deal with the succession and
the establishment of a whānau trust at the
same time).
In recognition of the principles of the Act
that land is taonga tuku iho, of special
significance, and to promote the retention
of the land in the hands of its owners and
their whānau and hapū, the Judges usually
require that an owner wishing to gift or sell
an interest first consult with their children
and whānau.
In recognition of the principles of the Act
that land is taonga tuku iho, of special
significance, and to promote the retention
of the land in the hands of its owners and
their whānau and hapū, the Judges usually
require that an owner wishing to gift or sell
an interest first consult with their children
and whānau.
In recognition of the principles of the Act
that land is taonga tuku iho, of special
significance, and to promote the retention
of the land in the hands of its owners and
their whānau and hapū, the Judges usually
require that an owner wishing to gift or sell
an interest first consult with their children
and whānau.
This makes the trust
order one of the most important documents for the trust, and
each trustee should have a copy and be familiar with it. Some
judges call it the trustees’ ‘job description’.
Other powers and limitations conferred on trustees by
legislation include:
• Te Ture Whenua Māori Act 1993
• Trusts Act 2019
• Income Tax Act 2007
• Resource Management Act 1991
• Charitable Trusts Act 1957
• Charities Act 2005.
9.
The
beneficiaries are called the beneficial owners.
15 A formal document, signed by a Judge or
senior Court official and stamped with
the Court’s official seal, to give effect to a
decision of a Judge of the court.
16 Person(s) who benefit from a trust.
6
• the land is first offered to members
of the preferred classes of alienees 8
(primarily members of the hapū
associated with the land in terms of
tikanga Māori 9)
• any transfer of land is confirmed by the
Māori L...
The
beneficiaries are called the beneficial owners.
15 A formal document, signed by a Judge or
senior Court official and stamped with
the Court’s official seal, to give effect to a
decision of a Judge of the court.
16 Person(s) who benefit from a trust.
6
• the land is first offered to members
of the preferred classes of alienees 8
(primarily members of the hapū
associated with the land in terms of
tikanga Māori 9)
• any transfer of land is confirmed by the
Māori L...
A minority of landowners with a majority
shareholding don’t automatically overrule a majority of
landowners owning a minority shareholding. The judge will
need to hear all parties and will decide from the evidence
and the Act which view should prevail.