Important Note: If an undivided interest in land i.e. shares in a block is being transferred, section 148 of the Act requires the transferee to be a member of the preferred classes of alienees which comprise – • A child or remoter issue of the transferor. • Whanaunga who are associated in accordance with tikanga Māori with the land. • An owner in the land who is a member of the hapü associated with the land. • A trustee of a person belonging to 1 to 3 above. • A de...
The Act now clarifies that Māori Land Court judges will follow the tikanga of the hapū or iwi associated with the land being succeeded to when deciding whether whāngai can succeed to a land interest.
Documents/Guides-Templates-Factsheets/Factsheet-Succession-for-whangai-web-version.pdf (172 kb)
Access to Māori land was generally considered when the title of the land was originally issued and in many cases: a roadway would have been created to give access to the land there may have already been a public or private roadway servicing the land, or a right of way to access land, across a neighbouring property, may have been put in place.
Māori Land Court Rules 2011 Read the Māori Land Court Rules 2011.
If an owner with Māori land interests is deceased, and probate, letters of administration or an election to administer the estate have been granted by High Court, or is to be obtained, you can use this form to seek a determination from the Court as to those persons entitled to a deceased’s Māori Land interests and an order transferring the interests to those entitled.
Documents/Forms/MLC-Form-21-Application-for-succession2F.pdf (370 kb)
For example, you will need to be able to record that a surviving spouse is entitled to income from a land interest that they do not own, and that some owners are not entitled to the income from their land interest.
Documents/Guides-Templates-Factsheets/Factsheet-Legislative-changes-affecting-trusts.pdf (303 kb)
If an owner with Māori Land interests is deceased, and a succession has not previously been dealt with by the Court or a Registrar, you can use this form to seek a determination from the Court as to those persons entitled to a deceased’s Māori Land interests and an order transferring the interests to those entitled.
Documents/Forms/MLC-Form-22-Application-for-succession2F.pdf (371 kb)
That Court then ordered the Māori Land Court to conduct a hearing to appoint replacement trustees.
Some people become landowners when a whānau member transfers land to them by gift or sale. The Maori Land Court will ‘vest’ the land interest by way of a vesting order.
If you’re making a whenua timeline you can access historical information of that whenua as recorded in the Māori Land Court (or our predecessor, the Native Land Court).
