• In the unlikely event that no one is entitled to succeed, the Court can determine who should succeed and, if necessary, create a trust for the deceased’s interests. These provisions also apply to an occupation order as if it were a beneficial interest in Māori land, provided that the person owns a beneficial interest in the land to which the occupation order applies and the Court is satisfied that the person should succeed to the occupation order....
• In the unlikely event that no one is entitled to succeed, the Court can determine who should succeed and, if necessary, create a trust for the deceased’s interests. These provisions also apply to an occupation order as if it were a beneficial interest in Māori land, provided that the person owns a beneficial interest in the land to which the occupation order applies and the Court is satisfied that the person should succeed to the occupation order....
Documents/Guides-Templates-Factsheets/MLC-succession-english.pdf (1.2 mb)
Furthermore, if trustees were instead appointed there would be no need to make special provision for PSGEs or Māori trusts and incorporations to take on that role as s 222(1) of the Act already permits them to be trustees.
Documents/Judges-corner-articles/MLC-2014-Jun-Judges-Corner-Ambler-J.pdf (191 kb)
However, in some situations, consistency with te Tiriti may require that provision for the exercise of tino rangatiratanga be made in legislation.
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
However, if you take the view that you would rather allow whānau trusts more votes, you may decide to make provision for that in the trust order. 14 16.1 Set trustee numbers (minimum and maximum).
Documents/Guides-Templates-Factsheets/2021-12-07-Ahu-Whenua-Trust-Order-Template.pdf (398 kb)
Almost anything that is legally in order can be achieved by a Māori incorporation.
Almost anything that is legally in order can be achieved by a Māori incorporation.
Documents/Guides-Templates-Factsheets/MLC-incorporations-english.pdf (856 kb)
Trusts must operate within the provisions of Te Ture Whenua Māori Act¹ and the Trusts Act 2019.
Documents/Guides-Templates-Factsheets/MOJ0217.1E-OCT21-Maori-Land-Trusts.pdf (341 kb)
All Trustees must retain a copy of this Trust Order and any variations. Definitions 7.6 In this Order, unless the context otherwise requires: Act means Te Ture Whenua Māori Act 1993.
• suspend all or any provisions of the constitution of the Māori incorporation • order the Māori incorporation be wound up • refer any matters to the Attorney-General to consider whether prosecution should commence.
Documents/Guides-Templates-Factsheets/MOJ0217.8E-SEP21-Maori-Incorporations-Factsheet.pdf (370 kb)
