New technology is in the process of being developed for the Māori Land Court which should assist in both the electronic filing of applications and monitoring case progression, which is scheduled to be operational later 2020.
The Chairperson does not have a casting vote; in the case of a tied vote on a resolution, the resolution is to be treated as having been defeated.
With the consent of the other owners of both blocks, and by making an application to the Māori Land court for a combined partition, the interests could be combined to create the new block Z. in all partition cases, the general procedure for a partition application should be followed.
With the consent of the other owners of both blocks, and by making an application to the Māori Land court for a combined partition, the interests could be combined to create the new block Z. in all partition cases, the general procedure for a partition application should be followed.
Documents/Guides-Templates-Factsheets/MLC-title-improvement-english.pdf (385 kb)
You can choose to have a judge hear your case if you prefer. We have a checkbox on our applications that you can select to let us know.
It is not uncommon for a block of 100-200 owners, for meetings to attract less than 10 owners – and that is on a good day. In such cases, the notion that absentee owners could be represented by their marae, hapu or iwi authority is an idea that could be explored.
(b) If the Occupier fails to remove the structure within six months of the End Date, at their absolute discretion the Landowner(s) may: (i) remove and dispose of the improvements, in which case the Occupier will, at the Landowner(s) discretion, be liable to reimburse the expense involved in doing so; or (ii) consent to the improvement(s) remaining on the Site, in which case the improvements will, from six months after the Termination Date, become the property of the Land...
Documents/Guides-Templates-Factsheets/2021-03-12-Example-Occupation-Order.pdf (150 kb)
It was not until October 2010 that the final Court case was completed. By that time the various applications and Court cases had been running for over six years, until they were finally concluded in our favour.
The lessee and/ or occupiers of the land must also consent, along with the rest of the landowners. In most cases, a properly advertised meeting is necessary.
Documents/Guides-Templates-Factsheets/MOJ0217.5E-OCT21-Title-Improvement.pdf (357 kb)
In most but, to be fair, not all cases, Māori owners want to improve the development and productivity of their land, and unlock the potential of this sleeping economic giant.
