Occupation orders can now be granted not only to the landowner or any person entitled to succeed to their interest, but also to beneficiaries of the whānau trust that holds a beneficial interest in the land.
Much has been achieved by the project for Māori land owners, their whanau and hapu by giving greater certainty to title issues.
And importantly, the Court process provides a timely opportunity for successors to discuss and agree to their interests being vested in a whānau trust, which has the huge advantage of curtailing any further fragmentation of interests.
Documents/Judges-corner-articles/MLC-2014-Jun-Judges-Corner-Ambler-J.pdf (191 kb)
It is also called a trust order. A trust order sets out the general purpose of the trust and well as the responsibilities, rights, obligations, and limitations of the trustees.
Documents/Guides-Templates-Factsheets/MLC-2023-Glossary-of-terms.pdf (278 kb)
Whānau trusts are related to interests in land, and allow individuals or groups to bring together their individual interests in different Māori and General Land blocks for the benefit of a defined class of beneficiary, normally the descendants of the people vesting their shares in trustees.
Documents/Guides-Templates-Factsheets/MLC-2017-03-03-RDS-Report.pdf (1.1 mb)
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-21-Application-for-succession2F.pdf (510 kb)
Within te ao Māori, rangatiratanga can embody the authority of a rangatira (a Chief) but importantly also that of the people, being the whānau (family), hapū (sub-tribe) and iwi (tribe).
Documents/Judges-corner-articles/JWI-ACPECT-Presentation-2022.pdf (540 kb)
You must own an interest in the land or be the beneficiary of a whānau trust that owns an interest in the land. The title of ownership remains with the landowners, but the occupation order may be passed on by succession.
Waiariki PĀNUI He pānuitanga tēnei kia mōhiotia ai ka tū Te Kooti Whenua Māori ki te whakawā, ki te uiui hoki, i ngā tikanga o ngā tono a muri ake - Nau mai, haere mai A Special Sitting At Ōpōtiki Māori Land Court, 1143 Haupapa Street, Hauora House, Rotorua Wednesday 6 September 2023 Judge T M Wara Presiding PANUI NO: TIME: APPLICATION NO: SECTION: APPLICANT: SUBJECT: SSep3/1 11:00 AM AP-20230000021566 113/93, 118/93 Thompson Quinton Tapsell William Brian Ta...
Currently, the land is effectively held in trust until the owners can receive the land. There are 308 original owners.
