He also appears to have had a good
command of the Māori language, which he
Chief Judge Francis Dart Fenton (ca 1870).
14 | 15
could speak and write fluently. He published an
edition of early judgments of the Native Land
Court in 1879.
Entitlement to succession
Except where there is a will (see page
6), succession to Māori land and Māori
incorporation shares is dealt with as set out
in section 109 of the Act as follows:
• The surviving spouse 14 or civil union
partner is entitled to an interest until he
or she dies or remarries, provided that
there was no legal separation order 15 in
existence when his/her spouse or civil
union partner died.
I te wā tono mō te mana tuku, ka āhei te
tono anō kia tū he kaitiaki whānau 14, e
rua ngā pepa tono me tuku (mā tēnei e
whakamāmātia te huarahi mō ngā kaimahi
kooti, me te kaiwhakawā ki te whakatau
i te mana tuku me te whakatū i te kaitiaki
whānau, i te wā kotahi).
Trustees
Where the land is vested in trustees and
where the trust order 14 allows, the trustees
may negotiate the terms of an easement
with the interested parties.
Kaitiaki
Mēnā he whenua tuku ki te kaitiaki, ā,
mēnā ka whakaaehia e te tono kaitiaki 14,
ka āhei ngā kaitiaki ki te whirihwiri kaupapa
whakangāwari ki waenga i ērā e hiahia
ana.
The people
entitled to act as witness to the signing
are set out in the application form
• the transfer is not in breach of any trust 14
that manages the land
• the value of the shares or interests takes
into account the value of all buildings,
fixtures, crops, trees, minerals, and other
assets or funds relating to the land
• the value of the shares and interests
takes into account the relationships or
special circumstances of the parties
• the purchase money, if any, has been...
As a final alternative, the shares can be offered to the Māori
incorporation if no members of the preferred class accept the
shares.
14. An obligation binding the trustee(s) to deal with property over which they have
control (the trust property) for the benefit of the beneficiaries.