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Whanau Trusts
The whanau trust is a share management trust designed to manage specified shares in Maori land. It is the most family-oriented trust. It allows whanau to bring together their Maori land interests for the benefit of that whanau and its descendants. This provides the whanau with an alternative to further fragmentation of their shareholdings, especially where there are large families. Establishing a whanau trust is the ideal mechanism to counteract fragmentation.
Wairarapa Moana recognises that there is a problem with Maori owned land and at the AGM of 2003 it was resolved to set a minimum shareholding of 1000 shares. The whanau may name a tipuna in the Court Order and the descendants of that tipuna may benefit from the trust.
A whanau trust is often established upon Succession – constituted (formed) under Section 214 of Te Ture Whenua Maori Act 1993. Ideally, the whanau trust should be constituted at the time of Succession. This will prevent the cost of a further application fee to the Maori Land Court.
Succession
So long as the trust exists there will be no succession. The land interests will remain vested in the trustees.
Setting up a trust
The owners first need to have a meeting in which they:
- Consent to set up the trust
- Consent as to which shares should be included in the trust
- Nominate trustees to manage their property interests
- Draw up and agree to a draft trust order that sets out the trustees powers, rights and obligations
- Must record accurate Minutes of the meeting
Applying to the Maori Land Court
In support of the application, the following information must be provided:
- A copy of the Minutes of the meeting which should include all resolutions agreed to
- A copy of the draft trust order which has been approved by the owners
- The written consent of the nominated trustees
- The written consent of the owners agreeing to contribute their shares to the trust and a list of the land interests to be included in the trust
- A fully completed application form. There is a fee payable upon application
The Act allows for the variation and/or termination of the trust order.
More information is available on the Maori Land Court website and you can search the Maori Land Court records online.
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Share Registration
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To keep up to date with Wairarapa Moana Incorporation as a shareholder, It is important we have your current details. This is confidential information for you and Wairarapa Moana. If you have any questions, feel to call us on 0800 662 624. Please download the following forms and post them into the Office.
Bank form IRD form Change of address form
(if applicable)
Please Return Your Completed Form To:
FREEPOST 158415
Wairarapa Moana Incoporation
P O Box 2019
Kuripuni
Msterton
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