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.
This is the case for the largest and most successful trusts and incorporations, such as the Tuaropaki Trust and Mangatu Incorporation, right down to the smallest papakainga trusts.
Documents/Judges-corner-articles/MLC-2014-Jun-Judges-Corner-Ambler-J.pdf (191 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)
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)
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)
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.
Documents/Guides-Templates-Factsheets/MLC-2017-03-03-RDS-Report.pdf (1.1 mb)
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.
SECTION APPLICANT SUBJECT SP5 10:00AM AP-20240000012177 231/93 Mereana Hona He arotakenga i te Tangitu Whānau Trust Review of the Tangitu Whānau Trust SP6 10:00AM AP-20250000000675 238/93 Rachal Maree Stewart of the Isabel (Ihipera) Susan Petley Whānau Committee Tangitu Whanau Trust - Enforcement of obligations of trust
Currently, the land is effectively held in trust until the owners can receive the land. There are 308 original owners.
