Succession
What is Succession and How to Apply
In this section
The below is an extract from the Maori Land Court webpage on Succession located here.
Succession is the legal transfer of land interests or shares from a person who has passed away (the deceased) to their descendants. In most cases, this will be from a parent or grandparent or someone you’re related to by blood.
Māori freehold land can be owned by one owner or several owners and in some cases, there might be hundreds of owners in one block or title of land. The accurate documentation of succession to land is critical and enables landowners to work together to make decisions about its use for the benefit of all landowners, their whānau, and future generations.
Succession is confirmed by a judge or registrar, and the whakapapa to land and landowners become part of the permanent court record.
Once succession has taken place, you are a kaitiaki of the whenua and it is now your responsibility to care for and protect the land for generations to come.
Applying for Succession
The below is an extract from the Maori Land Court webpage on Succession located here.
In most cases, succession is applied for by whānau inheriting the whenua or by those legally authorised to manage the estate of the person who has passed away. However, a succession application can be made on behalf of a whānau member if that is preferred. Regardless of who applies, we will carry out the necessary research to identify and confirm all of the rightful new owners of the land interests or incorporation shares.
The first step in filing a succession application is to gather the whakapapa information of the whānau member who passed away, including the names and contact information of their parents, brothers and sisters, children, and partner(s).
You will also need to provide:
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a copy of their death certificate or other evidence of death
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an original or certified copy of the will
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written confirmation from any spouse or partner who wishes to surrender a lifetime right (if applicable)
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consents agreeing to include succession by whāngai (if applicable)
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a completed Whānau Trust application, draft trust order, written consent from trustees, and minutes from the hui agreeing to constitute a Whānau Trust (if you are also applying to set up a whānau trust).
This information helps us to find the correct records relating to your whānau and whenua so we can make sure the land is being transferred to the right people.
An application fee of $60 will need to be paid before your application can be accepted (except for applications where you are seeking to apply for further interests of a person to whom you have already succeeded, which costs $20).