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Page 2 For more information visit www
ote: If a trustee is to be removed because he or she is deceased, the
vidence of attendance at the tangi, a copy of the death certificate, or
ote:
the applicant seeks to remove or replace a current trustee for any rea on other than that trustee'sresignation, retirement, or death,
is form must be accompanied by an application in form 38A.
Page 1 For more information visit www.māorilandcourt.govt.nz MLC 04/26 - 38A
HE TONO KIA TAUWEHEA TE TARAHITI I RUNGA I TĒTAHI
TAKE I TUA ATU I TE RĪHAINATANGA, TE WHAKANGĀ, TE
MATE RĀNEI
APPLICATION TO REMOVE TRUSTEE FOR REASON OTHER
THAN RESIGNATION, RETIREMENT, OR DEATH OF TRUSTEE
Te Ture Whenua Māori Act 1993
Section 240
For more information visit www.māorilandcourt.govt.nz
Form 38A
Rule 12.8(3)
WHAT IS THIS FORM FOR?
Ngā puka taupānga me te puka Tarahiti
Succession and Trust application forms
External link
Form 20: Certificate by administrator
Rule 10.2(3), Sections 111 or 113
(PDF 85 kb)
External link
Form 21: Succession (grant of administration)
Rule 10.2(2)(a), Sections 113 and 117
(PDF 865 kb)
External link
Form 22: Succession (no grant of administration)
Rule 10.2(1),(2), Sections 113 and 118
(PDF 617 kb)
External link
Form
QUORUM
The total number of trustees is the number appointed by the
MLC. Note, though, that this total includes absent trustees,
deceased trustees and resigningtrustees who have not
been replaced, or where the number of trustees has not
been reduced by the MLC.
Note,
though, that this total includes absent
trustees, deceased trustees and resigningtrustees who have not been replaced, or
where the number of trustees has not been
reduced by the Court.
Where one or more of the trustees are unable or refuse to sign the mortgage documents,
the remaining trustees can apply to the Court:
(a) To seek directions;
(b) To remove any trustees who have passed away or resigned;
(c) To remove a trustee for cause for refusing to implement the majority decision;
or
(d) To approve the mortgage documents being signed by a majority of trustees
only per s 227(3) and 237 of the Act.
7.
Apply online
Download the application form
Download the trustee consent form
Te whakawātea i tētahi kaitiaki (utu tāpae $68)
Remove a trustee (filing fee $68)
Trustees can be removed for a variety of reasons.