Succession to our Whenua
If your tupuna is still in estate, you might want to consider submitting a Succession application to the Maori Land Court.
Succession is where an interest in Maori land is transferred from a person who has passed to the people who are entitled.
With Māori land, an order from the Māori Land Court is necessary to transfer the deceased person’s land interests to his or her successors.
We’ve collaborated a 3-step process to help simplify the process to succession
- STEP 1 – Collecting your documents
- STEP 2 – Filling in the form
- STEP 3 – Court Hearing
- STEP 4 – Download Forms
All you need is
- a succession form
- a copy of the will (if there is one)
- a copy of the death certificate
- $60 cheque (for $5 you can exchange your cash at any bank)
- Stamped envelope
- Minutes from whanau meeting (If starting a trust)
This process can be daunting but please know that our office staff are here to assist you if you need help at any stage. You can make an appointment with our secretary by calling our office.
Phone: (07 5748365)
Maori Land Court-choose the closest region to you, here are the Districts broken down to help find the one closest to you.
- Taitokerau District -: Kaitaia, Kaikohe, Whangārei, Auckland
- Waikato-Maniapoto District - Hamilton, Thames, Tauranga, Te Kuiti
- Waiariki District - Rotorua, Whakatāne, Ōpōtiki, Taupō
- Tairāwhiti District - : Gisborne, Ruatōria, Wairoa
- Tākitimu District - Hastings, Masterton
- Aotea District - Whanganui, Palmerston North, Hāwera, New Plymouth, Taumarunui, Tūrangi, Levin, Wellington
- Te Waipounamu District - Christchurch, Nelson, Blenheim, Dunedin, Invercargill, Chatham Islands
To ensure that you and your siblings/whanau are the rightful people to be succeeding to the whenua, the form as numerous patai about the whakapapa of your loved one. For example, their Parents, Siblings, Tamariki and Past and present Spouses. The more information the court has, the faster the process.
There is also an option for your whanau to establish a whanau trust which helps keep shares from being diluted through the generations.
“Whanau Trust” – Call a meeting of the ‘whanau’ entitled to succeed. Have a Minute taker and list all on the “Attendance List’ including Name, address & contact details; children & Mokopuna of siblings, and their dates of birth.,
*List all Resolutions eg: Resolution to set in place a ‘whanau Trust” & the name of the Whanau Trust including the names of Mover & seconder and whether the resolution is carried or not, if not why it was voted against and by whom. Resolution: how many trustees there will be on the Trust. Resolution; nominations for Trustees. Elect a ChairResolution; “List of beneficiaries of the Trust including siblings’ their children and Mokopuna. All you have to do is fill in this form attach the Minutes and attendance list.
Once your forms have been filled in with the attachments and sent to the Maori Land Court, it’s a matter of waiting for your court hearing.
Note: Please ensure that you add Mangatawa Papamoa Block Inc to your succession form.
The Maori Land Court will notify you in writing as to when the hearing is to be called not long after they have received your application for ‘succession documents”.
A court hearing is most times, simple. You and/or your whanau turn up 30 minutes before your hearing and someone will meet you outside the court room to confirm the details of the succession, you and your whanau names & contact details are taken down by the court aid.
You and/or your whanau will stand before the Judge where s/he confirms all of the details of your succession. If all goes well and there is no one apposed to the succession then the hearing is quick.
If whanau are bigger or there are complications within whanau, there is a chance the hearing could go longer. For Whanau Trusts, ensure all the nominated trustees are present for the MLC Hearing.
All shares are split equally amongst all children, including whangai, depending on the situation.
1 .Succession-as per the will or agreement between siblings-shared equally between siblings.
2. Succession- as per the Will or shared equally between siblings & whangai.
3. Succession into a “Whanau Trust” list new Trustees & their contact details, list of beneficiaries of the Trust; name all siblings, whangai & children & Mokopuna of.
Once your court hearing is complete, it’s a matter of waiting for your ‘MLC Succession Orders’ to be mailed out to you and your whanau. These need to be copied and sent to the various Trusts/Maori Incorporations that you have succeeded to so they can adjust their share-holder register to reflect the succession orders, they will also pay out any ‘unclaimed dividends owed to you (Put the ‘whanau trust’ bank account number) or if succession is to individual siblings; you will need their contact details, individual bank account numbers, IRD number and a copy of their birth certificate to be sent to the Trusts/Maori Incorporations you have shares in.
– to speed up the process, we encourage you to do your research, via Maori Land Online or other whanau members, siblings of the whanau member who has passed, find the trusts you have shares in and contact them yourselves asking for the amount of shares in your parent or Tupuna’s name you are succeeding to and if there are any unclaimed dividends owed..
If more than one Trustee (Usually the Chair) require panui or other information that is sent out to the share-holders or ‘whanau trusts, please ensure you notify the individual trust/incorporation of that Trustee & their contact details.
– If you need help with any part of the process, our Secretary is available by appointment.