Consents of all trustees must be filed.
3. Consents must be evidenced by-
a. completion of this form; or
b. consent at a family meeting evidenced by minutes of that meeting; or
c. completion and production of separate forms of consent.
4.
There are two application types you can file under section 214 of Te Ture Whenua Māori Act 1993
and rule 12.3 of the Māori Land Court Rules 2011 to form a whānautrust. These are:
• Form 36 – application to constitute a whānautrust (non-succession)
• Form 23 – application to formwhānautrust (to be used with an application for succession)
Option One – Form 36 Application to constitute a whānautrust
Use this form to create a WhānauTrust by vesting some or all of your interests in trustees to hold on behalf of the
descendants of a given person or tupuna (the beneficiaries)
If you are creating a WhānauTrust as part of a succession application please complete form 23.
Those entitled to succeed do not wish to form a whānautrust.
Those entitled to succeed have conferred and wish to vest the interests of the deceased into a whānautrust.
I am/We are* the beneficiary/beneficiaries* of a whānautrust, [name of whānautrust],
______________________________________________________________________ which holds a beneficial
interest in the block.
2.
Page 1 For more information visit www.māorilandcourt.govt.nz MLC 04/26 - 38
HE TONO HEI WHAKAREREKĒ I NGA TARAHITĪ
APPLICATION TO APPOINT, REMOVE, OR REPLACE TRUSTEE OR CHANGE THE
NUMBER OF TRUSTEES
Te Ture Whenua Māori Act 1993
Sections 222 and 239
For more information visit www.māorilandcourt.govt.nz
Form 38
Rule 12.8(2)
WHAT IS THIS FORM FOR?
Use this form to appoint, remove, or replace trustee or change the number of trustees of a WhānauTrust, Kai...
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 919 kb)
External link
Form 22: Succession (no grant of administration)
Rule 10.2(1),(2), Sections 113 and 118
(PDF 216 kb)
External link
Those entitled to succeed do not wish to form a whānautrust.
Those entitled to succeed have conferred and wish to vest the interests of the deceased into a whānautrust.
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.