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Legislative changes affecting trusts Effective from Waitangi Day, 6 February 2021 Updated provisions for removing a trustee The Act now allows for the Māori Land Court to remove a trustee if it is satisfied that they have lost the capacity to perform their functions as a trustee, or that their removal is desirable for the proper execution of the trust (for example because they repeatedly refuse or fail to act as a trustee, they become...

Documents/Guides-Templates-Factsheets/Factsheet-Legislative-changes-affecting-trusts.pdf (303 kb)

(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.

Documents/Guides-Templates-Factsheets/2021-03-12-Example-Occupation-Order.pdf (150 kb)

In terms of Regulation 3(h), any trustee removed by the MLC should not later be reappointed as a trustee for the same reservation (removal by the Court is a disciplinary matter).

Documents/Guides-Templates-Factsheets/MOJ0217.4E-OCT21-Maori-Reservations.pdf (348 kb)

Removal of trustees 14 18 Trustee meetings 15 19.

Documents/Guides-Templates-Factsheets/2021-12-07-Ahu-Whenua-Trust-Order-Template.pdf (398 kb)

Footnotes 3 4 Term of office A trustee remains in office unless he or she is removed by order of the Court.

Documents/Guides-Templates-Factsheets/MLC-maori-reservations-english.pdf (389 kb)

Removal of Trustees 19 18 Trustee meetings 20 19.

Documents/Guides-Templates-Factsheets/Standard-Ahu-Whenua-Trust-Order-with-Checklist-and-Disclaimer.pdf (488 kb)

DETAILS OF CHANGES TO TRUSTEES: 1. Trustees to be removed as a result of resignation, retirement or death are: (if none then go to question 3) Names of Trustees Reason for removal (resignation, retirement, death) Note: If a trustee is to be removed because he or she is deceased, the Court will require reasonable evidence as to his or her death, for example, evidence of attendance at the tangi, a copy of the...

Documents/Forms/MLC-Form-38-Application-to-add-reduce-replace-or-remove-trustees-202104.pdf (204 kb)

Where one or more of the trustees are unable or refuse to sign the mortgage documents, the remaining trustees can apply to the Court: (a) To seek directions; (b) To remove any trustees who have passed away or resigned; (c) To remove a trustee for cause for refusing to implement the majority decision; or (d) To approve the mortgage documents being signed by a majority of trustees only per s 227(3) and 237 of the A...

Documents/Practice-notes/Banking-Practice-Note.pdf (204 kb)

Clarke v Karaitiana [2011] NZCA 154 The Māori Land Court had ordered the Registrar to convene a meeting of owners of Tauhara Middle 15 to be held in September 2008 to elect trustees, having previously found that the then-trustees had committed breaches of trust sufficient to warrant removal.

Located in:  Who we are Our judges Judges' corner articles

Currently trustees of Māori land assume all of the duties and obligations of trustees at general law.

Documents/Judges-corner-articles/MLC-2014-Jun-Judges-Corner-Ambler-J.pdf (191 kb)