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For more information visit www.māorilandcourt.govt.nz
HE TONO KIA WHAKAWHITI ŌTA
APPLICATION FOR EXCHANGE ORDER
Te Ture Whenua Māori Act 1993
Section 310
Form 35
Rule 11.24
WHAT IS THIS FORM FOR?
Use this form when exchanging some or all of your interests in Māori Land by sale or gift with some or all of the Māori
Land interests of a different owner in a different block of Māori Land....
Comment Box
While the land and any other property vested in the trust is held and used for the benefit of the beneficial
owners, the beneficial owners are not the legal owners.
Complete documents together
At the hui, it is useful to complete:
• Form B1 – consent to be appointed as trustee forms
• written consents for vesting interests
• draft trust order
This ensures everyone understands and agrees with the documents.
NOTIFYING BENEFICIAL OWNERS OF A GENERAL OR SPECIAL MEETING
12.1 The Trustees must take all reasonable steps to notify the Beneficial Owners that a General
or Special Meeting of Beneficial Owners is to be held ("Notice").
Ngā puka taupānga me te puka Tarahiti
Succession and Trust application forms
External link
Form 20: Certificate by administrator
Rule 10.2(3), Sections 111 or 113
(PDF 85 kb)
External link
Form 21: Succession (grant of administration)
Rule 10.2(2)(a), Sections 113 and 117
(PDF 919 kb)
External link
Form 22: Succession (no grant of administration)
Rule 10.2(1),(2), Sections 113 and 118
(PDF 216 kb)
External link
Form
This is the position that the Māori Land Court took in Tautari v Mahanga41 where Judge Ambler stated;
“Clearly many owners feel whanaungatanga to both owners. The Act 42 promotes owners
resolving such disputes themselves but, where they are unable to do so, the Court must resolve
the dispute.
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.
The trustees’ prior written consent is not
needed for tangihanga.
11 The authority given by an owner of an
interest in land to another person to vote
on their behalf.
12 The minimum number of members that
must be present at a meeting to make
proceedings valid.
13 The legal ownership of property and the legal
evidence of a person’s ownership rights.
14 A set of principles that form the constitution
of an organisation.
15 The owner of a beneficial interest...
Definition of succession
Māori land is owned by either one owner or several owners.
In some cases, there are hundreds of owners for one block
or title¹.