Where the relevant tikanga does not recognise a relationship that entitles whāngai to succeed, the Māori Land Court may issue a court order giving whāngai a lifetime right to receive income or grants from the land or the right to occupy the family home on the land, or both.
Documents/Guides-Templates-Factsheets/Factsheet-Succession-for-whangai-web-version.pdf (172 kb)
This means that wills do not apply, and all legal children are entitled to succeed, equally. The applications are free.
For example, you will need to be able to record that a surviving spouse is entitled to income from a land interest that they do not own, and that some owners are not entitled to the income from their land interest.
Documents/Guides-Templates-Factsheets/Factsheet-Legislative-changes-affecting-trusts.pdf (303 kb)
The surviving spouse or partner does not receive the land interest but is entitled to income from the land and to occupy the family home.
Māori Fisheries Act 2004 The Māori Fisheries Act 2004 enables a Judge of the Māori Land Court to give advice about or determine disputes regarding entitlements. Māori Commercial Aquaculture Claims Settlement Act 2004 The Māori Commercial Aquaculture Claims Settlement Act 2004 enables a Judge of the Māori Land Court to give advice about disputes regarding entitlements.
fair and durable resolution tatūtanga mau roa, tōkeke hoki filing / file whakatakotohia final recommendation tūtohunga whakamutunga financials tuhinga pūtea finding of fact otinga mō ngā meka finding otinga / kitenga fragmentation whakawehewehe function āheinga funds pūtea gifted takohatia give appropriate weight tuku whakaarotanga e tika ana grant (as in application) whakamana grant leave (to appear) tuku whakaaetanga granting of extension tuku whakaroatanga grounds ar...
Documents/Guides-Templates-Factsheets/Kuputaka-Reo-Maori-Comms.pdf (23 mb)
Generally speaking, where next of kin die before the person from whom succession is sought, the children of the next of kin are entitled to the share they would have received had they survived the deceased. 4 Notice of hearing While an applicant is not required to give formal notice of hearing to other beneficiaries, he or she is expected to consult with them and advise them of the application and when it is to be heard.
Documents/SILNA/S113-29-93-Appln-to-Determine-Successors-for-SILNA-Lands-Hawea-Wanaka.pdf (407 kb)
Many of the records covered by this report provide evidence of the legal status, rights, interests and entitlements of individuals relating to current and former Māori Land, the whakapapa of Māori land owners and the general characteristics, use and occupation of the land prior to colonisation in New Zealand.
Documents/Guides-Templates-Factsheets/MLC-2017-03-03-RDS-Report.pdf (1.1 mb)
KO AOTEAROA TENEI In July 2011, the Waitangi Tribunal issued a report entitled Ko Aotearoa Tēnei ('This is Aotearoa' or 'This is New Zealand') in response to the Wai 262 claim.
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
Pānga Tūroa Tonu Life Interest The Court can award a life interest, usually to the deceased’s surviving spouse or civil union partner, which entitles them to receive income from the estate. The life interest does not entitle the life tenant to any other portion of the estate.
