Introduction While hearing succession applications I often find myself suggesting to those appearing in front of me to consider forming a whānau trust. I stress that a whānau trust is designed to manage specified shares in Māori land, it facilitates the bringing together of interests for the benefit of descendants and most importantly is a valuable tool to prevent ongoing fragmentation or, more correctly, fractionalisation of shares.
RESET FORM WHAT IS THIS FORM FOR? This application form has been modified specifically for use in determining the successors for South Island Landless Natives (SILNA) lands in accordance with Part 15 of the Ngāi Tahu Deed of Settlement.
An application to the MLC needs to be filed on the relevant application form and accompanied by the application fee, which is detailed on the form.
Documents/Guides-Templates-Factsheets/MOJ0217.1E-OCT21-Maori-Land-Trusts.pdf (341 kb)
• Applications under section 69A must use the General Form of Application (Form 1) stating the Act and the section under which application is made.
Applications under section 99 must use the General Form of Application (Form 1) stating the Act and the section under which application is made.
Page 1 For more information visit www.māorilandcourt.govt.nz MLC 04/26 - 36 HE TONO KIA WHAKATŪ I TĒTAHI TARATI Ā-WHĀNAU (TAUATANGA KORE) APPLICATION TO CONSTITUTE A WHĀNAU TRUST Te Ture Whenua Māori Act 1993 Section 214 For more information visit www.māorilandcourt.govt.nz Form 36 Rule 12.3 WHAT IS THIS FORM FOR? Use this form to create a Whānau Trust by vesting some or all of your interests in trustees to hold on behalf of the descendants of a given person or tupun...
Documents/Forms/MLC-Form-36-Application-to-constitute-a-whanau-trust-202104.pdf (159 kb)
Māori freehold land is owned in common in unequal shares. This means that each owner owns each piece of the land in that share.
You can calculate whether you have enough shares by dividing the area of the whole block with the total number of shares in the block to work out what area of land each share relates to.
HOW TO FILE AND COMPLETE THIS APPLICATION FORM (i) (ii) (iii) (iv) (v) This form must be filed at the office of the Court at Christchurch; Please ensure that all information required on the form is completed; Where possible, please supply the names and contact details of the successors that listed in this form; Due to the nature of these applications, and in terms of the Court’s inquiry under section 29 of Te Ture W...
Documents/SILNA/S113-29-93-Appln-to-Determine-Successors-for-SILNA-Lands-Hawea-Wanaka.pdf (407 kb)
AP-20240000003186 45/93 Josie Wade, Henry Francis (counsel acting) CJ 2024/29 - Penetana Matiu Heta also known as Ben Matthews and a succession order made at 18 Kaitaia MB 354-356 on 3/4/1995 - Application to the Chief Judge AP-20240000003200 45/93 Karamea Insley CJ 2024/25 - Awanui Haparapara No. 1 Māori Reservation block and an order appointing trustees made at 2 Conference MB 23-25 on 18/4/1996 - Application to the Chief Judge AP-20240000003255 45/93 Wairere Ormsby CJ 2024/2...
