This is the position that the Māori Land Court took in Tautari v Mahanga41 where Judge Ambler stated; “Clearly many owners feel whanaungatanga to both owners. The Act 42 promotes owners resolving such disputes themselves but, where they are unable to do so, the Court must resolve the dispute.
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
Where there are a large number of owners, obtaining unanimous consent to a mortgage can be difficult or impossible.
NOTIFYING BENEFICIAL OWNERS OF A GENERAL OR SPECIAL MEETING 12.1 The Trustees must take all reasonable steps to notify the Beneficial Owners that a General or Special Meeting of Beneficial Owners is to be held ("Notice").
The trustees’ prior written consent is not needed for tangihanga. 11 The authority given by an owner of an interest in land to another person to vote on their behalf. 12 The minimum number of members that must be present at a meeting to make proceedings valid. 13 The legal ownership of property and the legal evidence of a person’s ownership rights. 14 A set of principles that form the constitution of an organisation. 15 The owner of a beneficial interest...
Documents/Guides-Templates-Factsheets/MLC-maori-reservations-english.pdf (389 kb)
Ngā puka taupānga me te puka Tarahiti Succession and Trust application forms Form 20: Certificate by administrator Rule 10.2(3), Sections 111 or 113 (PDF 263 kb) Form 21: Succession (grant of administration) Rule 10.2(2)(a), Sections 113 and 117 (PDF 370 kb) Form 22: Succession (no grant of administration) Rule 10.2(1),(2), Sections 113 and 118 (PDF 371 kb) Form 23: Application for whānau trust (with succession) Rule...
• Applications under section 69A must use the General Form of Application (Form 1) stating the Act and the section under which application is made.
A Māori incorporation is a structure similar to a company and any land or assets are vested in the Incorporation. Former land owners become shareholders in the Incorporation rather than owners in the land.
Documents/Guides-Templates-Factsheets/MLC-2017-03-03-RDS-Report.pdf (1.1 mb)
Applications under section 99 must use the General Form of Application (Form 1) stating the Act and the section under which application is made.
In the application, you’ll need provide proof that: other owners have been given notice of the creation of the trust a hui was held, and an agreement was reached the terms of the trust have been proposed consent has been given to create the trust or incorporation the trustees to be appointed have consented to their appointment Committee of Management Members have been nominated.
It is a comprehensive guide to the process and regulations relating to the transfer of the Māori land interests of a deceased owner to his or her successors. 2 Definition of succession Māori land is owned by either one owner or several owners.
