Due to limited access to the building, the Auckland Information Office is available by appointment only. Please contact us by email mlctamakimakaurau@justice.govt.nz or phone 09 279 5850 to make an appointment
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...
(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 trusteesof the [name of trust]”)]
(l) Maximum Occupants: [Twelve (12)] people.
In terms of Regulation 3(h), any trusteeremoved by the MLC
should not later be reappointed as a trustee for the same
reservation (removal by the Court is a disciplinary matter).
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 ofTrustees 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...
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 oftrustees
only per s 227(3) and 237 of the A...
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.
