Factsheet Legislative changes supporting housing initiatives web version
An occupation order can pass by succession. Legislative changes supporting housing initiatives Effective from Waitangi Day, 6 February 2021 Why make this change?
An occupation order can pass by succession. Legislative changes supporting housing initiatives Effective from Waitangi Day, 6 February 2021 Why make this change?
The process for applying for succession has not changed. Apply by completing the appropriate application form.
Documents/Guides-Templates-Factsheets/Factsheet-Legislative-changes-affecting-trusts.pdf (303 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.
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)
For example: if you are searching for succession orders for a deceased parent but only have their name and section, you could put the name of your parent in the Search keywords section and in Must include the authority 118/93 .
(2) The following matters must be set out in the application: (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,...
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.
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.
With the focus of the recent review on increased productivity of land, let’s not forget the many trusts and incorporations that already do a great job and are success stories that have been celebrated this weekend.
As the saying goes, many hands make light work and those hands ensure preparations for an occasion of this nature and this size are successful, and consequently there are many people that assisted with the arrangements for this occasion to ensure we arrived at this day.