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(full name),
apply for an exemption from the requirement under section 158 of Te Ture Whenua Māori Act 1993 to provide a special valu-
ation
REASONS FOR APPLICATION: ( tick as appropriate)
The alienation is by way of gift
The alienee is a close relative being my.............................................................................................................................................................................
The Māori Land Court of New Zealand / Māori Appellate Court of New Zealand
[Please select the name of the Māori Land Court District in which your application will be lodged]
Select one District Taitokerau Waikato-Maniapoto Waiariki
Tairāwhiti Tākitimu Aotea Te Waipounamu
Subject of application – block / deceased / other matter
[Please state name and block number of land, Māori incorporation, person, or other matter in respect of which the application is made]
I
request that the fee...
at (venue) ....................................................................................................................................................................................................................................................................................... .;
I undertake to familiarise myself with the trust order/deed or regulations associated with the trust;
I will properly carry out my duties as a trustee; and
I am 20 years of age or older.
You will note in figure 1, the miniscule scale of the rangatiratanga
sphere. That, from my perspective, has been the position in New Zealand for many years and to the
present day.
In this context, the current review of Te Ture Whenua Māori Act 1993 and Māori land law in general is to be welcomed. From my perspective, the most sensible long term plan would be to encourage the retention of land interests in kin groups rather than individuals.
The Clause relied upon in the Ngāi Tahu
Deed of Settlement for this determination is as follows:
“Clause 15.6.2 Manner of Identifying Successors and Their Interest in the SILNA Lands
Te Runanga and the Crown agree that the Crown, through the Minister of Māori Affairs, will request the Māori Land Court, pursuant to section 29 of the Te Ture
Whenua Māori Act 1993, to identify all of the Successors and their relative beneficial interest in the SILNA Lands by identifying all persons entitled to...
Unfortunately there are no reported decisions of the Court on the operation of subsection 14 in relation to subsection 12 so my comments are speculative. That said, subsection 14 seems to contemplate the possibility that leases or licences for longer periods than 14 years may be needed for such developments as kohanga reo, health clinics or similar education- or health-related developments.
I commented on the obvious importance of good governance to our Māori and New Zealand futures. While my comments were focussed on Māori land, they are equally applicable to other Māori assets.