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Before applying to the Māori Land Court for an occupation
order, you will need consent from the other owners of the
land, and if applicable, from trustees or the management
committee of the Māori incorporation over the land.
Te Puna Manawa Whenua is written by Māori Land Court judges. It is overseen by a judicial editing komiti, comprised of Māori Land Court judges, supported by legal research counsel from the Māori Land Court.
TRANSFERRING SHARES TO TRUSTEES
Māori land shares can be transferred, by a vesting order, to a
trustee from a person who owns, or is entitled to own, Māori
land shares.
If an owner with Māori land interests is deceased, and probate, letters of administration or an election to administer
the estate have been granted by High Court, or is to be obtained, you can use this form to seek a determination from
the Court as to those persons entitled to a deceased’s Māori Land interests and an order transferring the interests to
those entitled.
Most of the land set aside under the Act was transferred to the intended beneficiaries, but in 1909 the SILNA Act was repealed by the Native Lands Act before all the grants had been completed. 6 Also, the lands set aside under SILNA were of inferior quality, isolated, inaccessible, and often far distant from the traditional lands that had been taken under the earlier Crown purchasing. 7 Four of the SILNA blocks were not allocated and remain in Crown ownershi...
This practice note is subject to Part 16 of the Māori Land Court Rules 2011 (Rules).
3. This practice note applies to the use of the Special Aid Fund by the Māori Land Court and
the Māori Appellate Court (Court).
As a result of the project, registration of 97% of the 27,411 Māori land titles was completed. It has required hundreds of hours of human resource time, with a large percentage of that time derived from the Maori Land Court judges.
Where the relevant tikanga does not recognise a relationship
that entitles whāngai to succeed, the Māori Land Court may
issue a court order giving whāngai a lifetime right to receive
income or grants from the land or the right to occupy the
family home on the land, or both.