MLC Form 39 Application for a partition
(state full name), apply for a Partition Order/Combined Partition Order of the above land.
Documents/Forms/MLC-Form-39-Application-for-a-partition.pdf (322 kb)
(state full name), apply for a Partition Order/Combined Partition Order of the above land.
Documents/Forms/MLC-Form-39-Application-for-a-partition.pdf (322 kb)
If those entitled do wish to vest the deceased’s interests into a whānau trust please complete and attach application form 23.
Documents/Forms/MLC-Form-22-Application-for-succession2F.pdf (512 kb)
This would align the Act with the rating charging order provisions in Part 4 of the Local Government (Rating) Act 2002, which permit the compulsory vesting of Māori land in a receiver or trustees where there is a rating debt.
Documents/Judges-corner-articles/MLC-2014-Jun-Judges-Corner-Ambler-J.pdf (191 kb)
This is referred to an ‘order of payment’. Payment orders are often made during a succession, when we become aware that money is being held.
Where that land is vested in a trust or an incorporation, such an order will only be made with the consent of the trust or management committee, and may be made for a specified period.
Ngā puka taupānga me te puka Tarahiti Succession and Trust application forms Form 20: Certificate by administrator Rule 10.2(3), Sections 111 or 113 (PDF 378 kb) Form 21: Succession (grant of administration) Rule 10.2(2)(a), Sections 113 and 117 (PDF 510 kb) Form 22: Succession (no grant of administration) Rule 10.2(1),(2), Sections 113 and 118 (PDF 512 kb) Form 23: Application for whānau trust (with succession) Rule 12.3, Section 214 (PDF 14...
Use this form to create an Ahu Whenua Trust (a land trust) by vesting one or more land blocks in trustees to manage, as set out in a trust deed/order on behalf of the beneficial owner(s).
Documents/Forms/MLC-Form-37-Constitute-Ahu-Whenua-Trust.pdf (246 kb)
This model for the utilisation of multiply-owned Māori land had its origins in Taitokerau in 1989 where, under s 438 of the Māori Affairs Act 1953, a block was vested in a trust with exclusive use areas identified in a schedule to the trust order for whānau shareholding groups.
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.
This is in case an appeal is lodged against the judge’s decision. The order will be written up in the Court title records if it affects land, and sent to every person who has to act on it, for example, to the Māori trustee if they’ve been ordered to pay money they’re holding, or a Māori incorporation5 if the order affects shares in that incorporation.
Documents/Guides-Templates-Factsheets/MOJ0217.6E-OCT21-Applications.pdf (335 kb)