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The practice note addresses important questions that whānau and professionals working in the sector are grappling with including:
How do owners of whenua Māori approve a mortgage?
How is a mortgage registered against whenua Māori?
Setting up an incorporation
Previously, landowners seeking to form an incorporation
need to show that owners with not less than 15 percent of
shares in the Māori land consented to the proposal.
Since the passing of Te Ture Whenua Māori Act 1993, our role is to:
promote the retention of Māori land in the hands of its owners, whānau and hapū
facilitate the occupation, development and use of Māori land
ensure that decisions made about Māori land are fair and balanced taking into account the needs of all the owners and their beneficiaries.
It is a good idea to ask them about:
What land blocks you might be an owner in
An accurate record of your whakapapa
How you became an owner or beneficiary to your whenua.
In the past the Housing Corporation, and its replacement Housing New Zealand, have been prepared to finance the building of dwellings on Māori land by taking security over the house, provided that the borrower can obtain a licence to occupy from the owners or trustees, where the land is held in trust, for a term of at least 21 years.
(2) If the agreement is executed in New Zealand, the signature of the transferor must be attested by an independent person aged 20 years or more
(not being a member of the transferor’s immediate family or an owner in the land being alienated) who must, print below his or her signature,
his or her full name, occupation and residential address
(k) Landowner(s): [insert the names of the owners of the Parent Block or
the name of the existing management structure (in the case of a trust, name the
current trustees, followed by “as trustees of the [name of trust]”)]
(l) Maximum Occupants: [Twelve (12)] people.
For some applications, landowners will need to notify other owners of their application to the Court ahead of time so they can attend hui, support the application, make a payment offer, or object to the application.
