The
land interests would then go directly back
to those beneficiaries of the estate who
contributed shares to the whānautrust.
‘Māori Land Trusts’ includes a section on
whānautrusts.
With shares held by individuals becoming increasingly fractionated but shares held in whānautrusts being relatively stable, I foresee a time when these whānautrusts will be major shareholders in trusts and incorporations.
• Whānautrust
This is a whānau-oriented trust. It allows the whānau to
bring together their Māori land interests for the benefit
of the whānau and their descendants
Ko tēnei te tiaki whenua
motuhake mō te whānau. E whakahuihui
ana tēnei tikanga i ngā hea o te whānau i
roto i tētahi whenua Māori hei painga mō
te whānau me ngā uri kei te heke mai.
Since 1 July 1993, shares in a Māori incorporation are deemed
to be interests in Māori land and unless there’s an exemption,
they’re treated the same as Māori land interests.
Whānautrusts
A whānautrust can be set up at the time of succession.
Page 1 MLC 04/26 - 23
FORM 23
Rule 12.3
HE TONO HEI WHAKATŪ TARATI (WHAI TAUATANGA)
APPLICATION TO FORM WHĀNAUTRUST
TO BE USED ONLY WITH AN APPLICATION FOR SUCCESSION
Te Ture Whenua Māori Act 1993
Section 214(2)
For more information visit www.māorilandcourt.govt.nz
For more information visit www.māorilandcourt.govt.nz
I Te Kooti Whenua Māori o Aotearoa
I Te Rohe o [Name of Rohe]___________________________
In the Māori Land Court of New Zealand
[Name of district]___________...
You will also need to provide:
a copy of their death certificate or other evidence of death
an original or certified copy of the will
written confirmation from any spouse or partner who wishes to surrender a lifetime right (if applicable)
consents agreeing to include succession by whāngai (if applicable)
a completed WhānauTrust application, draft trust order, written consent from trustees, and minutes from the hui agreeing to constitute a WhānauTrust (if...
Decide on voting threshold
for a poll vote (for voting by shareholding)
14.4 This is the standard treatment of whānautrusts that put their shares into
ahu whenua trusts.