Frequently Asked Questions (FAQs)
This stands for Minute Book Reference. This is an important reference as it is the document that will explain how the land interests came to being in that owner’s name. A copy of the minutes can be requested by calling the Maori Land Court and quoting the reference number.
If your parent has passed and the ownership of the land is still sitting in their name, you will need to make an application to the Maori Land Court to “succeed” to the lands. There will be varying application forms depending on the circumstances of the succession. Things like having a will, creating a whanau trust, whangai children will change the way that the process is done and will require different applications.
This would indicate that the land has not been succeeded to. Anyone can make an application to the Maori Land Court for succession however the land will only be succeeded to those who are the entitled (i.e. the next living generation), this will be determined by the Maori Land Court.
As part of the succession application, you will be asked questions about the whakapapa of the deceased. In particular; who were/are their parents, brothers/sisters, children and partners.
Generally no, you do not need a Lawyer, The Maori Land Court can talk you through the simple process and help you with obtaining the information you need. However if the matter is complex, a lawyer may be recommended to you by the Maori Land Court.
Yes, there is a fee for a succession application, however if you are experiencing hardship then discuss this with the Maori Land Court and you may be able to apply to have the fee waived.
Your mother may have made an application to the Maori Land Court to establish a whanau trust to vest her land interests into. If you are unsure whether this is the case, you can call the Maori Land Court and ask to verify this. They will do this by looking at the minute book reference and confirming the details of the person vesting their interests. You can ask for a copy of this minute book so that you are able to see what was done in Court during that application.
A whanau trust can be established for a number of reasons. One of the key characteristics of a whanau trust is that those who are the beneficiaries of the named common tipuna will benefit from the whanau trust with no further need for succession.
The other key aspect of whanau trusts is that it prevents the further fragmentation of the land share amounts. As whanau continue to succeed, the land interest shares continue to divide amongst the entitled beneficiaries resulting in more land owners with smaller shares of land.
A whanau trust can be established at the same time as a succession, this is a separate application but can be heard by the Court at the same time.
Maori Land Online can only provide the names of Trusts that fall within the Te Ture Whenua Act 1993 Jurisdiction. If a block of land is managed by an Ahu Whenua Trust this will appear under “Land Administration” of the block when searching Maori Land Online.
The Maori Land Court does not necessarily have contact details for these trusts and it is best that you do your own research online to find these trusts and register with them. It is up to each individual to find the appropriate trusts that they are beneficiaries of.
Be registered on Māori Land Court
The Titiraupenga Trust is comprised of Beneficial Owners (“Owners”) who’s interests are registered through the Māori Land Court.
Māori Land Online is the website which provides information of current ownership and block information for lands that fall within the Māori Land Court jurisdiction.
To check if you are a Beneficial Owner, please search through the list of Owners at this link.
Succession is the transfer of shares from a deceased Owner to their descendants and beneficiaries. The type of succession you lodge depends on specific factors.
All information on the types of succession available to you and application forms can be found here.
Succession through the Māori Land Court does not mean that you are automatically registered with Titiraupenga Trust. Titiraupenga Trust holds a contact database only which is separate to the Māori Land Court and what you provide them.
Register with the Trust Download Registration Form
