With shares held by individuals becoming increasingly fractionated but shares held in whānau trusts being relatively stable, I foresee a time when these whānau trusts will be major shareholders in trusts and incorporations.
However, the trustees must have the power to grant licences to occupy in their trust order. The trust order may also limit who may apply and impose any conditions.
Documents/Guides-Templates-Factsheets/MOJ0217.5E-OCT21-Title-Improvement.pdf (357 kb)
Trustees may be held personally liable, jointly and severally, for any losses a trust may sustain and for other breaches of trust.
Examples of what could be considered ‘simple’ trust matters include: • forming a whānau trust for a single owner’s interests or shares; or • terminating a kaitiaki trust for a minor when the person reaches 20 years of age; or • appointing a trustee to a whānau trust.
Documents/Guides-Templates-Factsheets/Factsheet-Legislative-changes-affecting-trusts.pdf (303 kb)
What do I need to do? 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.
Te Hiku Iwi Development Trust We have started working with Te Hiku Iwi Development Trust, formed by Ngāi Takoto, Te Apōuri, and Te Rarawa, on developing a joint action plan.
Documents/Articles/Maori-Land-Court-Annual-Report-Matariki-2023-Matariki-2024.pdf (11 mb)
MLC application forms can be obtained from our offices, offsite clinics or from our website, go online to maorilandcourt.govt.nz/ apply/fees-and-forms To find out more about how to set up a trust, go online to maorilandcourt.govt.nz/your-maori-land/trusts-and- incorporations/creating-a-trust-or-incorporation Types of trustees Te Ture Whenua Māori Act recognises three types of trustees.
Documents/Guides-Templates-Factsheets/MOJ0217.1E-OCT21-Maori-Land-Trusts.pdf (341 kb)
The process to do this is different from other Māori Land Court application processes.
Documents/Guides-Templates-Factsheets/MLC-maori-reservations-english.pdf (389 kb)
Sections 28 to 39 of the Trusts Act 2019. • Not to profit A trustee must not make a profit from the trusteeship of a trust
Documents/Guides-Templates-Factsheets/20210715-Trustees-Role-and-Duties.pdf (349 kb)
The beneficiaries are all the descendants of the tūpuna (ancestors) named in the trust order. The tupuna can be the owner of the land interests who chooses to place them in the trust, or another person from whom they descend.
How-do-I-user-guides/How-to-constitute-a-whanau-trust.pdf (512 kb)
