This certification should be filed with an application for succession (when grant of administration held) on form 21, and replaces Schedule 1 of that form.
Documents/Forms/MLC-Form-20-Certificate-by-administrator.pdf (263 kb)
Until such an application is made there is no guarantee as to how the Court would view the matter and the success of any such application would depend on its own facts.
Use this form to create a Whānau Trust by vesting some or all of your interests in trustees to hold on behalf of the descendants of a given person or tupuna (the beneficiaries) If you are creating a Whānau Trust as part of a succession application please complete form 23. Office use: Application: ACCEPTED / REFUSED Dated: ..............................................................................
Documents/Forms/MLC-Form-36-Application-to-constitute-a-whanau-trust-202104.pdf (201 kb)
...legally responsible for managing the land has a Court-approved trust order that sets out the rights and responsibilities of the trustees requires that any funds received by the trust be used for Māori community purposes, and doesn’t require any succession to the current owners (although the judge or registrar may order succession in rare situations).
Whakapapa is crucial to succession for Māori because it underpins connections to whānau, tribal groups and whenua.
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
...(a) in respect of the order or certificate of confirmation that is the subject of the application,— (i) the date of the order or certificate; and (ii) a description of the land affected; and (iii) the names of the owners affected or, in the case of succession, the name of the deceased: (b) in respect of the mistake or omission sought to be corrected,— (i) a statement of the nature of the mistake or omission, who made it, and how; or (ii) if the mistake is an error of law, the nature o...
A green banner will display a confirmation that the transaction was successful. You can now click “Submit Application” in the lower right corner.
How-do-I-user-guides/Submitting-an-application-v1-6.pdf (2.2 mb)
On this page Legal terms used for Māori land Term used to describe landowners Terms used in succession Terms used in land ownership Types of land ownership Terms used for Māori land Te Ture Whenua Māori Act provides legal definitions for different types of Māori land ownership.
I have advised the owners: (a) That an occupation order may pass by succession; YES NO; and (b) that an occupation order may be for a definite term or until a specified event; YES NO; and (c) of the term for which the order is sought; YES NO 6.
Another point that the Court may consider in the context of experience is a nominee’s former or current role as a trustee and the extent to which that has been successful or otherwise. Where a trustee has been involved in difficult situations on other trusts, whether or not a satisfactory explanation has been provided may also be a necessary point to review.
