Disclosure of any matter which might give rise to objection should be undertaken even if the judge has formed the view that there is no basis for recusal.
Documents/Guides-Templates-Factsheets/Maori-Land-Court-Recusal-Guidelines.pdf (226 kb)
For example, for an application for succession, you’ll need a death certificate, any grant of administration (grant of probate2 or letters of administration3) or the original will, minutes of a whānau meeting if a whānau trust is required, and consents of the proposed trustees.
Documents/Guides-Templates-Factsheets/MOJ0217.6E-OCT21-Applications.pdf (335 kb)
You must own an interest in the land or be the beneficiary of a whānau trust that owns an interest in the land. The title of ownership remains with the landowners, but the occupation order may be passed on by succession.
For example, an application for succession will require a death certificate, any grant of administration (probate 2 or letters of administration 3) or the original will, minutes of a whānau meeting if a whānau trust is required and consents of the proposed trustees.
Documents/Guides-Templates-Factsheets/MLC-applications-english.pdf (327 kb)
Examples of what could be considered ‘simple’ trust matters include: • forming a whānau trust for a single owner’s interests or shares; or • terminating a kaitiaki trust for a minor when the person reaches 20 years of age; or • appointing a trustee to a whānau trust.
Documents/Guides-Templates-Factsheets/Factsheet-Legislative-changes-affecting-trusts.pdf (303 kb)
It is also called a trust order. A trust order sets out the general purpose of the trust and well as the responsibilities, rights, obligations, and limitations of the trustees.
Documents/Guides-Templates-Factsheets/MLC-2023-Glossary-of-terms.pdf (278 kb)
You will also need to provide: a copy of their death certificate or other evidence of death an original or certified copy of the will written confirmation from any spouse or partner who wishes to surrender a lifetime right (if applicable) consents agreeing to include succession by whāngai (if applicable) a completed Whānau Trust application, draft trust order, written consent from trustees, and minutes from the hui agreeing to constitute a Whānau Trust...
Because of these consequences, tapu is sometimes seen as a form of social control based on the avoidance of risk.
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
Back in court the following day in Nelson, Judge Reeves explained the final orders she would make. Under s 131, she made an order determining that the residue of the original block is Māori Freehold Land.
Whenua Māori held by a Māori land trust 3. Where the title to the land is vested in a Māori land trust (e.g. an Ahu Whenua Trust or a Whānau Trust) the trustees can approve a mortgage against the land subject to any restrictions in the trust order (ss 147 and 150A of the Act)
