I am pleased to confirm that I have approved the release of a new Practice Note covering lawyers appointed and paid for under the Māori Land Court’s Special Aid Fund.
Documents/Practice-notes/2023.10.17-MLC-Special-Aid-Practice-Note-FINAL.pdf (367 kb)
Seek directions; ii. Review the trust; or iii. Enforce the trustees’ obligations if it is alleged the majority trustees have breached their obligations.
The Benefits Notwithstanding the very lengthy amount of time it took to form the whānau trust and the ongoing administration, what have been the benefits of forming the whānau trust?
Now those descendants have come together to reconnect, with each other, with their whakapapa, and with the whenua.
‘Custom law: address to the New Zealand Society for Legal and Social Philosophy’ in Victoria University of Wellington Law Review (1994) 24: 325-331, p.328. 2 for Māori to have their rights, and their systems of governance, acknowledged alongside the law of the state as a matter of justice.
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
Incorporations appear to have fallen out of favour and I know of only one that has been formed in the last 20 years.
A trust formed around common tipuna that allows the whānau to bring together their Māori land interests for the benefit of the whānau being the descendants of the common tipuna.
Documents/Guides-Templates-Factsheets/MOJ0217.7E-SEP21-Succession-Factsheet.pdf (362 kb)
Ngā puka taupānga me te puka Tarahiti Succession and Trust application forms External link Form 20: Certificate by administrator Rule 10.2(3), Sections 111 or 113 (PDF 85 kb) External link Form 21: Succession (grant of administration) Rule 10.2(2)(a), Sections 113 and 117 (PDF 919 kb) External link Form 22: Succession (no grant of administration) Rule 10.2(1),(2), Sections 113 and 118 (PDF 216 kb) External link
Invariably, those new trusts have been initiated by the engaged owners who are in the minority.
Documents/Judges-corner-articles/MLC-2014-Jun-Judges-Corner-Ambler-J.pdf (191 kb)
For a Māori incorporation, the Māori Land court must be satisfied that: • the shareholders of the incorporation have been given clear and specific notice of the application • the shareholders have passed a special resolution supporting the application.
