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.
A whenua tōpū trust: can include one or more Māori land blocks, or general land owned by Māori can include a wide range of beneficiaries, for example, a community, hapū or iwi in a specific area makes the land trustees 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 curr...
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,...
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 (285 kb)
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.
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.
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.
