Māori Land Trusts, Reservations & Incorporations in NZ

Describe the Characteristics of Māori Land Trusts, Reservations, and Incorporations

Outcomes And Performance Criteria

Outcome 1

Describe the characteristics of Māori Trusts established by Te Ture Whenua Māori Act 1993 through the Māori Land Court.

Range Māori Trusts – Ahu Whenua, Whenua Tōpū, Kaitiaki, Whānau, Pūtea. evidence of two is required.

Performance criteria

1.1 Describe the purpose of Māori Trusts and its obligations to owners, beneficiaries and users.

Range may include but is not limited to mandatory duties for trustees.

1.2 Describe the legislative procedures of Trust orders or trust deeds within Māori Trusts.

Range  may include but is not limited to formation, review, termination, requirements. evidence of two is required.

1.3 Describe the legislative requirements to appoint trustees to Māori Trusts. 

Outcome 2

Describe the characteristics of Māori Reservations established by Te Ture Whenua Māori Act 1993 through the Māori land Court.

Performance criteria

2.1 Describe the purpose and requirements of a Māori Reservation.

Range may include but is not limited to urupā, marae, wāhi tapu and perpetual leases.

2.2 Describe the implications of the Resource Management Act 1991 on Māori Reservations.

Outcome 3

Describe the characteristics of Māori Incorporations established by Te Ture Whenua Māori Act 1993 through the Māori Land Court.

Range evidence of two Māori Incorporations is required.

Performance criteria

3.1 Describe the purpose of and requirements to establish a Māori Incorporation.

Range may include but is not limited to purpose, resolution, constitution, interim committee, shareholding, freehold land ownership, lease or sale of land, investment and share register. evidence of two is required.

3.2 Describe legislative requirements of a Māori Incorporation shareholders’ meeting.

Range may include but is not limited to notification, reporting, attendance, voting, proxies, postal votes, quorum, special resolutions, presentation of accounts, appointment of auditor, appointment of share valuer, payment of dividends. evidence of two is required.

3.3 Describe the legislative requirements of a Committee of management.

Range may include but is not limited to officers, constitution, tenure, voting, appointment, removal, remuneration, employment, quorum, borrowings, accounts, audit of accounts, dividend, operations, maintenance, register of interest, personal liability and investment. evidence of two is required.

Experts Answer on Above NZ Land Trusts and Incorporation Questions

Purpose of Maori trusts and obligations

Ahu Whenua Trust

Its purpose is to manage Maori land in order to benefit the owners. The obligation is to protect the assets of the owner and work in their best interest and provide financial accountability,

Whanau Trust

The main purpose of this trust is to consolidate family interest in Maori land and reduce ownership. The obligation is the trustees are required to manage land for present and future Whanau members.

Legislative procedure of Trust orders

The legislative procedure of Trust orders includes formation, review and termination. The formation starts with an application submitted to the Maori land court and the code performs the assessment of effectiveness and management by the trust. The Maori land Court can perform a review of the trust performance and can decide to terminate the trust if it does not serve the purpose of protecting the interest of beneficiaries.

Legislative requirements to appoint trustees

It is important that the Maori land court should approve the trustees, by evaluating the suitability, competency and capability of the candidate. The owners can also nominate trustees and it is important for the trustee to act in accordance with fiduciary duties under Te Ture Whenua Maori Act 1993.

Maori reservations

Purpose and requirements of a Maori reservation – the purpose is mainly to protect the land for cultural, recreational or community use such as Marae (meeting grounds), Urupa (cemeteries), Whai Tapu (sacred sites). The requirements include the approval of reservation status by the Maori land Court, and the land should be managed in accordance with its designated purpose.

Implication of the resource management act 1991

This act requires the protection of Maori cultural heritage and significant sites, and proper consent is required in undertaking development activities that impact Maori reservations.

Maori Incorporation – Purpose of establishing a maori incorporation

Wakatu Incorporation – it is responsible for managing the assets and investments owned by Maori.
Parininihi ki Waitotara incorporation – it mainly oversees the land, farming operations and investment activities.
The requirements are passing a resolution by the shareholders, obtaining proper approval from the Maori land Court and the land continues to remain under their ownership.

Legislative requirement for Shareholder meetings

The requirements include notification, voting, reporting and quorum whereby shareholders vote, present financial statements and performance reports, and shareholder presence is essential before making a decision.

Legislative requirements of a committee of Management

It includes appointment, voting and quorum, accounts and audit, register of interest and operations.

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