Whenua tōpū trusts, again a land management trust, which provide for iwi or hapū based
trusts designed to facilitate the use and administration of the land on behalf of a wider class
of owner, normally a whānau, hapū or iwi grouping.
Page 1 For more information visit www.māorilandcourt.govt.nz MLC 07/26 - 38A
HE TONO KIA TAUWEHEA TE TARAHITĪ 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?
Use this form to remove a trustee of a ...
She has extensive expertise in facilitation and dispute resolution involving Ahu Whenua Trusts, Māori Incorporations, WhānauTrusts, and Beneficial Owners of Māori Land across Aotearoa.
Whenua Māori held by a Māori land trust
3. Where the title to the land is vested in a Māori land trust (e.g. an Ahu Whenua Trust or a
WhānauTrust) the trustees can approve a mortgage against the land subject to any
restrictions in the trust order (ss 147 and 150A of the Act)
For
example, for an application for succession, you’ll need a
death certificate, any grant of administration (grant of
probate2 or letters of administration3) or the original will,
minutes of a whānau meeting if a whānautrust is required,
and consents of the proposed trustees.
You will also need to provide:
a copy of their death certificate or other evidence of death
an original or certified copy of the will
written confirmation from any spouse or partner who wishes to surrender a lifetime right (if applicable)
consents agreeing to include succession by whāngai (if applicable)
a completed WhānauTrust application, draft trust order, written consent from trustees, and minutes from the hui agreeing to constitute a Whānau