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Ko te tikanga me tuku rawa ngā kaitiaki me
ngā kaiwhiwhi hua he tono kia whakamutua
tētahi kaitiaki. I raro i te Ture 3(h), ko te
kaitiaki ka whakamutua e te kooti, e kore e
taea te whakaingoa anō hei kaitiaki mō taua
papa kāinga tonu (mēnā ka whakamutua e te
kōti, he take whakawā kē tēnei).
The Māori Land Court can make succession
orders for:
• any interest in Māori land
• any freehold interest owned by a Māori in
general land 7 (but only on application by
a personal representative 8 appointed by
the High Court)
3
• any leasehold interest in a registered
cross lease 9 over Māori land
• money held by the Māori Trustee (or
any other agent, trustee 10, or Māori
incorporation) for the deceased derived
from Māori land
• interests in Tītī Islands (see page 8)
• in...
Where
general land is owned by more than one
person, it is deemed to be held by them
jointly unless the title states otherwise.
9 People, who as co-owners, own land
together but in separate interests.
Mēnā he whenua
whānui, he maha ngā kaipupuri, kei a rātou
katoa te mana pupuri, hāunga anō, mēnā he
rerekē tā te taitara i tohu ai.
9 He tāngata ōrite te mana pupuri, engari he
rerekē te rahi o ia whenua me te wāriu o ngā
rawa.
The beneficiaries are called the beneficial
owners.
7 The traditional Māori tribal hierarchy and
social order made up of hapū (kin groups) and
whānau (family groups), having a founding
ancestor and territorial (tribal) boundaries.
8 A subtribe or kin group that is linked by a
common ancestor.
9 Māori custom.
10 The owner of a beneficial interest in land.
Common term for a trust order is a trust deed, which is the term used in the
Trusts Act 2019.
9. A trustee who is responsible for the administration of the trust, whether or not
the trust property is vested in that trustee.
10.
In terms of Regulation 3(h), any trustee removed by the MLC
should not later be reappointed as a trustee for the same
reservation (removal by the Court is a disciplinary matter).
Since, the Court has had authority to create, modify and
cancel Māori reservations by court order.
9. Assignment of rights and obligations, or to divide up and share out.
10.