However, it is important to check the lease as:
(a) The lease may prevent the registration of a mortgage against the leasehold
estate; and
(b) The lease may also require that the lessor has to approve the mortgage (the
lessor is the person or administration structure who granted the lease, who will
usually hold the title to the land).
In August 2020, the Government passed targeted
changes to Te Ture Whenua Māori Act 1993 to simplify
the legal processes for owning, occupying and using
Māori land.
What has changed?
LEASE OR OCCUPATION LICENSE:
Trusts over Māori reservation land may issue a lease or
occupation license to enable the land to be occupied or built
on for a period of time.
SECTION APPLICANT SUBJECT
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Hayden Potaka Tauakira 2M3A2 No 9 - Application
to summon a meeting of owners to
consider including small area with
Tauakira 2M3A2 Sec 12, 13 & 14 to
extend urupa
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Heather
Ranginui
Morikau No 1 Section 21 - Summon
a meeting of owners
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Susan Roach Orimupiko 12B2 - Summon a
meeting...
Apportionment of a lease, mortgage,
or other encumbrance
When Māori land is partitioned, the Māori
Land court may apportion or adjust the
rights, obligations, or liabilities arising from
a lease, mortgage, or other encumbrance
between the partitioned blocks.
Apportionment of a lease, mortgage,
or other encumbrance
When Māori land is partitioned, the Māori
Land court may apportion or adjust the
rights, obligations, or liabilities arising from
a lease, mortgage, or other encumbrance
between the partitioned blocks.
Trustees:
• may not mortgage or sell the land
• may grant a lease or occupation licence
• must seek the MLC’s consent to any lease or occupation
licence.