The requested information will vary between application
types. Below is an example only of this section for an application to Amend a name in the court
record.
‘Simple’ trust applications have no complicating factors.
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.
An obvious corollary to that proposition is, subject to the available resources and infrastructure of the trust to cater for such procedures. For example, one ahu whenua trust has over 8,000 beneficial owners for an area of land less than 200 hectares with income of less than $10,000.00 per annum.
There may be occasions, for example whereby a sole mediator
may have strengths in the law and property issues, but may not have the ability to manage
tikanga issues that underline the dispute; thus having two mediators who together have these
skills could prove helpful.
There may be occasions, for example whereby a sole mediator may have strengths in the law and property issues, but may not have the ability to manage tikanga issues that underline the dispute; thus having two mediators who together have these skills could prove helpful.
The problem we face is not quite as dramatic as I see in the Cook Islands and Niue where I also serve. As an example of the way things have shifted, the Māori Land Court staff at Rotorua have 31 members whose ages range from early 20s through to being close to retirement.
What can be done, for example, for owners who wish to form governance structures so they can get a lease of their land to utilise it, but have difficulty notifying the owners to inform them of the proposals as required by section 215 of Te Ture Whenua Māori Act?
The Court will also need to be sure that there are no health issues related to the siting of the proposed urupā. For example, if there is a nearby water course the Court is likely to require the applicant to make inquiries with the Health Department and the local authority about any issues that such a feature might present in relation to a proposed burial ground.
I hesitate to suggest that Australia may also learn from those examples as well.
TREATY PRINCIPLES
Treaty principles flow from Te Tiriti ō Waitangi - the Treaty of Waitangi.