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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.
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.
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.
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.
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.