This kind of ownership is most commonly used by married couples, who often prefer to own property as joint tenants. Where general land is owned by more than one person, it is deemed to be held by them jointly unless the title states otherwise. 9 People, who as co-owners, own land together but in separate interests.
This sale cannot proceed unless the owners give to the preferred classes of alienees a right of first refusal.
The application you need to complete will depends on whether the person you're transferring your land interests or shares to is a member of the preferred class of alienee (PCA) . Transferring land to a member of the PCA To transfer your land by gift or sale to a member of the preferred class of alienee (link to definition), you will need to apply for a vesting order.
Section 4 of Te Ture Whenua Māori Act 1993 lists the preferred classes of alienees in relation to any alienation.
Documents/Guides-Templates-Factsheets/MOJ0217.5E-OCT21-Title-Improvement.pdf (357 kb)
That sale cannot proceed unless the owners give to the preferred classes of alienees a right of first refusal.
Documents/Landowner-notices/1-v2.-Aotea-Notice-to-PCA.pdf (97 kb)
That sale cannot proceed unless the owners give to the preferred classes of alienees a right of first refusal.
Documents/Landowner-notices/1.-Aotea-Notice-to-PCA.pdf (94 kb)
FEE: $ 228.00 CHECKLIST OF DOCUMENTS REQUIRED: List of owners, trustees and their addresses Statement setting out how the alienee is a member of one of the preferred classes of alienees (if applicable), including any necessary whakapapa details Roll valuation or special valuation of the land and any improvements to it by a registered valuer (as applicable) MĀORI LAND COURT CONTACT DETAILS Applications should be lodged with the Registrar in the Māori Land Court District in wh...
Documents/Forms/MLC-Form-32-Application-to-call-meeting.pdf (88 kb)
(iii) Next of Kin – where there is no will, or the will is unclear or leaves interests to anyone other than the preferred class of alienee (who are the family of the deceased) then the next of kin for the purposes of succession are children of the deceased; if there are no children then brothers and sisters; if neither of these then next of kin are the nearest relatives on the side of the family from whom the land originated.
Documents/Forms/MLC-Form-21-Application-for-succession2F.pdf (370 kb)
If the Māori land shares are in a Māori incorporation, the preferred class also includes the incorporation itself.
That sale cannot proceed unless the owners give to the preferred classes of alienees a right of first refusal.
