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Time:
............................................................. am / pm
You are entitled to appear at the hearing.
If you wish to appear you should contact the Court and file a Notice of Intention to Appear on Form 5 and serve a copy
on the applicant.
Occupation orders can
now be granted not only to the landowner or any person
entitled to succeed to their interest, but also to beneficiaries
of the whānau trust that holds a beneficial interest in the
land.
Succession is the legal transfer of interests or shares in Māori
land from a person who has passed away to the people who
are legally entitled to own those interests.
Historically, most succession applications were heard by a
Māori Land Court judge.
if, after a period of five years, the land has
not been used as a dwelling site, the Māori
Land court may make an order cancelling
the dwelling site, and order that:
• the land reverts to being held under the
former title as if the order had not been
made or
• the land be vested in any other person
whom it considers to be justly entitled to it.
Shareholding
a partition is normally based on valuation, not
on the land area.
if, after a period of five years, the land has
not been used as a dwelling site, the Māori
Land court may make an order cancelling
the dwelling site, and order that:
• the land reverts to being held under the
former title as if the order had not been
made or
• the land be vested in any other person
whom it considers to be justly entitled to it.
Shareholding
a partition is normally based on valuation, not
on the land area.
The Māori Land Court’s role is to identify all successors and their relative beneficial interests by identifying all persons entitled to succeed to the interest of an original beneficiary in SILNA lands: (a) As though the land was Māori freehold land; and (b) As though the deceased person died intestate (applying the principles of s 109 of Te Ture Whenua Māori Act 1993 (TTWMA)).
Grounds for application:
I am a party to a contract or arrangement relating to the proposed transfer; or
I am the transferor/donor of the land or interest; or
I am a trustee for a person entitled to the land or interest
3. Consultation with whānau
I have consulted with my immediate whānau about this application; and
There are no objections from my whānau
4.
Persons who are not allowed to be trustee:
3.8 The following are persons not entitled to act as trustees:
3.8.1 Persons under 18 years of age;
3.8.2 Undischarged bankrupts;
3.8.3 Persons subject to a Compulsory Treatment Order under part 11 of the Mental Health Act 1992;
3.8.4 Persons convicted of an offence punishable by imprisonment for a term of 6 months and whose
sentence has not yet been served;
3.8.5 Persons disqualified as a director of a company registered under the...
Ngā Karere
News
21 January 2025 | News
Toitoi SILNA Block - Outstanding Original Owners
The Māori Land Court is conducting an inquiry into the entitled successors of the Toitoi SILNA block as part of the Ngāi Tahu Deed of Settlement.
7 January 2025 | News
Te whakatūwheratanga o Te Rā Tū, te Kooti Whenua Māori hōu o Tairāwhiti
Opening of Te Rā Tū, the new Tairāwhiti Māori Land Court
Te Rā Tū, the new Tairāwhiti Māori Land Court opened in November, with some 100 people gathering...