A solution has been found, however, in the formation of whānau trusts for each of the eight children with agreed exclusive use areas both for themselves and also for the other owners of the block.
These people can be: • the owner’s children or direct descendants • any whanaunga of the owner who, in accordance with tikanga Māori9, are associated with the land • the other beneficial owners10 of shares in the same land who are members of the hapū associated with that land • the trustees for any of the people referred to above • anyone descended from a former owner of the land who is, or was, a member of the hapū associated with that land.
Documents/Guides-Templates-Factsheets/MOJ0217.3E-OCT21-Transferring-Maori-Land-Shares.pdf (78 kb)
These people can be: • the owner’s children or direct descendants • any whanaunga of the owner who, in accordance with tikanga Māori 9, are associated with the land • the other beneficial owners 10 of shares in the same land who are members of the hapū associated with that land • the trustees for any of the people referred to above • anyone descended from a former owner of the land who is, or was, a member of the hapū associated with that land.
Documents/Guides-Templates-Factsheets/MLC-transferring-maori-land-shares-english.pdf (333 kb)
These people can be: • the owner’s children or direct descendants • any whanaunga of the owner who, in accordance with tikanga Māori 9, are associated with the land • the other beneficial owners 10 of shares in the same land who are members of the hapū associated with that land • the trustees for any of the people referred to above • anyone descended from a former owner of the land who is, or was, a member of the hapū associated with that land.
Uploads/MLC-transferring-maori-land-shares-english.pdf (333 kb)
These people can be: • the owner’s children or direct descendants • any whanaunga of the owner who, in accordance with tikanga Māori 9, are associated with the land • the other beneficial owners 10 of shares in the same land who are members of the hapū associated with that land • the trustees for any of the people referred to above • anyone descended from a former owner of the land who is, or was, a member of the hapū associated with that land.
Uploads/MLC-transferring-maori-land-shares-english-v2.pdf (333 kb)
For example, a life interest may be awarded by the Court in favour of a surviving partner of a person who hold an interest in Māori land. The children or other persons entitled are then listed as the remainderman.
This means that wills do not apply, and all legal children are entitled to succeed in equal proportions.
To my Māori language, it is because of you that my heart is connected to the hearts of my children, of my family, of my hapū, of my iwi and to the hearts of my ancestors.
Examples of what could be considered ‘simple’ succession includes: • all the people to succeed are the natural children of the person who has passed away, and they will all receive equal shares in the interests; or • further land interests or shares owned by a person who has passed away are identified and can be succeeded to by the same people in the same way as the earlier interests.
I often see this done by the children of a deceased parent. The land interests are held in the whānau trust in a common pool for the uri of that parent, but none of the kin group has in his or her own right, any particular shareholding.
