The extent and form of utu depends on the circumstances, making it highly contextual. Utu can be linked to the analytical framework of take–utu–ea.
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
Typically, as in the election of officers (chairperson etc), the trustees will make that election themselves. In Utuhina, it is the beneficiaries who make that choice.
The Act provides for the Judge or Registrar to make an appointment if the parties cannot agree.
The Act provides for the Judge or Registrar to make an appointment if the parties cannot agree.
Simple and uncontested trust applications Before 6 February 2021 Trust applications are decided by a Māori Land Court judge.
If you are interested in, or affected by, one of these applications and wish to make representations concerning the application, you must notify the Court in writing by 4pm on the 1st day of February 2024, providing your name and address, telephone number, and email address, if any, and setting out your connection with the application and brief details of your concerns.
Documents/Panui/MLC-National-Panui-February-2024-web.pdf (1015 kb)
Distributions 5.4 The Trustees have the discretion to make distributions or provide benefits to any Beneficiary.
If the problems cannot be resolved, the landowners can apply to the MLC to: • try and resolve issues through mediation using the Court’s dispute resolution service • review the terms, operation or other aspects of the trust • add, replace or remove trustees • investigate the trust • enforce the terms of the trust • vary the terms of the trust • terminate the trust. An application to the MLC needs to be filed on the relevant application form and accompanied by the app...
Documents/Guides-Templates-Factsheets/MOJ0217.1E-OCT21-Maori-Land-Trusts.pdf (341 kb)
Recommendations The Māori Land Court will conduct a hearing about the application. The Court cannot make Court orders 5 to set the land aside as a Māori reservation.
Documents/Guides-Templates-Factsheets/MLC-maori-reservations-english.pdf (389 kb)
The main priorities for the Court now are first, to remedy errors in the lists, using s 86 of TTWMA, and second, to update the list of successors based on previous and new evidence, the latter of which requires hearings to be held so evidence can be heard. An application form based on the existing form for successions has been modified for the purposes of SILNA determinations, and individual applications are linked to a central file to ensure consistency.
