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Entitlement to succession under the Act
When the deceased does not have a will (that is, they are
intestate), succession to Māori land and Māori incorporation
shares will be in accordance with the Act:
• The deceased’s children are entitled to any interests in
equal shares.
...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)).
...Beneficiary in the SILNA Lands as if section 109 of the Te Ture
Whenua Maori Act 1993 applied to the Original Beneficiary, and to every Successor to the Original Beneficiary, upon his or her death
(notwithstanding that he or she may not have died intestate and that the SILNA Lands are not Maori freehold land) up until the date of the
Maori Land Court’s determination in accordance with this clause 15.6.2”
Further Grounds
(add your own grounds here, if you require)
I/We see...
...Beneficiary in the SILNA Lands as if section 109 of the Te Ture Whenua Maori Act 1993 applied to the Original Beneficiary, and to every
Successor to the Original Beneficiary, upon his or her death (notwithstanding that he or she may not have died intestate and that the SILNA Lands are not Maori
freehold land) up until the date of the Maori Land Court’s determination in accordance with this clause 15.6.2”
I / we seek an order to determine the successors to the deceased, and their propo...
(b) Where a person dies intestate
(without a will), a grant of letters of
administration is obtained.
5 The administrator/s are responsible for
ensuring that these assets are transferred to
those entitled to them.
6 A change of ownership of land gives the
recipient of that interest the ownership and
its associated rights (land may be vested in a
trustee, or shares may be vested in another
person).
7 In broad terms, land that is not Māori land
and is not Crown land....
(b) Where a person dies intestate
(without a will), a grant of letters of
administration is obtained.
5 The administrator/s are responsible for
ensuring that these assets are transferred to
those entitled to them.
6 A change of ownership of land gives the
recipient of that interest the ownership and
its associated rights (land may be vested in a
trustee, or shares may be vested in another
person).
7 In broad terms, land that is not Māori land
and is not Crown land....
...involve deceased owners who have not been
succeeded to for many years; there may be several generations of owners who
remain un-succeeded; owners often hold interests in multiple blocks; some interests
are held in a trustee capacity; most estates are intestate; where there are wills, there
are statutory restrictions on who may receive Māori land interests; because of those
restrictions, the Court can be asked to make special provision out of the estate’s
income for any person; if t...
Under the Settlement, successors are to be identified as though the land was Māori freehold land and as though the deceased person died intestate (as if they had no will).
The purpose of updating the list of owners is to ensure successors can attend and vote at meetings of owners to decide on how to receive the land.
The Court’s core jurisdiction concerns the
investigation, partition, and regulation of
intestate succession to interests in Māori land.
Over its history, the Court’s jurisdiction has
been subject to a number of changes.