Discussion on Whānau Trusts
01 Feb 2013 | NewsIntroduction While hearing succession applications I often find myself suggesting to those appearing in front of me to consider forming a whānau trust.
Introduction While hearing succession applications I often find myself suggesting to those appearing in front of me to consider forming a whānau trust.
Am I good enough? Can I do the job? Do I have the right experience for this role?
(iii) That there are no disputes as to succession or issues to be settled before an order can be made.
Documents/Forms/MLC-Form-21-Application-for-succession2F.pdf (510 kb)
Māori Land Court hearing The person applying for a partition order will need to attend a hearing of the Māori Land court to explain how the partition will provide for better use of the land. if all requirements of the act have been met and the Māori Land court agrees, an order will be made to partition the land.
Documents/Guides-Templates-Factsheets/MLC-title-improvement-english.pdf (385 kb)
Māori Land Court hearing The person applying for a partition order will need to attend a hearing of the Māori Land court to explain how the partition will provide for better use of the land. if all requirements of the act have been met and the Māori Land court agrees, an order will be made to partition the land.
The shareholder could establish a whānau trust with the shares but the registration of a court order can’t be refused, regardless of the number of shares involved.
Documents/Guides-Templates-Factsheets/MOJ0217.8E-SEP21-Maori-Incorporations-Factsheet.pdf (370 kb)
SUCCESSION Succession to occupation orders can occur.
Documents/Guides-Templates-Factsheets/MOJ0217.5E-OCT21-Title-Improvement.pdf (357 kb)
What other modes of communication are available that trustees could reasonably expect to include as part of the notification process? How prescriptive do trust orders need to be to impose minimum standards of notice for the calling of a trust’s meetings for the purpose of holding an election?
While my comments were focussed on Māori land, they are equally applicable to other Māori assets.
This is in a more foetal stage of planning so I do not have much information but I am told it will improve access, accuracy and security of information contained in the Māori Land Court, which is very positive.