In August 2020, the Government passed targeted changes to Te Ture Whenua Māori Act 1993 to simplify the legal processes for owning, occupying and using Māori land.
Documents/Guides-Templates-Factsheets/Factsheet-Legislative-changes-affecting-trusts.pdf (303 kb)
Trusts still need to have regard to provisions for trusts in Te Ture Whenua Māori Act 1993. Why make this change?
Documents/Guides-Templates-Factsheets/Factsheet-for-landowners-Trustee-Act.pdf (68 kb)
Where the default duties listed in Schedule 1 conflict with provisions made in Te Ture Whenua Maori Act 1993, the duty has been amended or expressly excluded.
However, “alienation” is broadly defined in Te Ture Whenua Māori Act 1993. For instance, an alienation includes the making or grant of any lease, licence, easement, mortgage or charge or any kind of encumbrance or trust in respect of the land in the reservation.
There have, of course, been numerous ahu whenua trust orders with composite whānau trust-administered areas created since Te Ture Whenua Māori Act 1993 gave statutory recognition to shareholdings within blocks according to discrete whakapapa groups.
Approximately 58 per cent of Māori land is currently held by governance entities provided for under Te Ture Whenua Māori Act 1993. The Māori Land Court receives on average 1,600 applications per year in relation to the establishment and management of trusts and incorporations.
In addition, there were requirements in Te Ture Whenua Maori Act 1993 and previous legislation for the transmittal of Māori Land Court orders as to title, which had not been consistently applied.
This is the narrative of a piece of land in Te Tau Ihu – Aorere. It sets out how Judge Reeves dealt with an application for accretion and for determination of ownership, where ownership records had not been maintained for over 100 years.
Waiariki PĀNUI He pānuitanga tēnei kia mohiotia ai ka tu Te Kooti Whenua Māori ki te whakawa, ki te uiui hoki, i ngā tikanga o nga tono a muri ake - Nau mai, haere mai Special Hearing Māori Land Court Hauora House, 1143 Haupapa Street, Rotorua Or via Zoom - Meeting ID: 851 0825 3828 | Passcode: 024235 Thursday, 7 December 2023 Judge T M Wara presiding PANUI NO: TIME: APPLICATION NO: SECTION: APPLICANT: SUBJECT: SDec 1/1 4:40PM AP-20230000023876 67/93 Wini...
Documents/Panui/SDec1-Rotorua-Day-2-Specials-Only.pdf (281 kb)
Waiariki PĀNUI He pānuitanga tēnei kia mohiotia ai ka tu Te Kooti Whenua Māori ki te whakawa, ki te uiui hoki, i ngā tikanga o nga tono a muri ake - Nau mai, haere mai Special Hearing Ministry of Justice District Court, 7 Pyne Street, Whakatane Or via Zoom - Meeting ID: 851 0825 3828 | Passcode: 024235 Friday, 1 December 2023 Judge T M Wara presiding PANUI NO: TIME: APPLICATION NO: SECTION: APPLICANT: SUBJECT: SDec 2/1 3:15PM AP-20230000024538 164/93 Moana...
