Process for passing on shares in Māori land
When an owner dies, the Māori Land Court handles the legal process of passing on shares in Māori land from one generation to the next.
Who can succeed to Māori land
The rules for who can "succeed" to Māori land are set out in Te Ture Whenua Māori Act. These rules ensure that people whose whakapapa links them with that land can succeed. Who can succeed depends on whether the person who died left a will.
If there’s a will, the land can pass to:
- direct relatives
- members the hapū associates with the land
- other owners of the land who are members of the hapū
- whāngai relatives.
Refer to Section 108 of the Act for more on who land can be left to in a will.
If there’s no will, land can pass to:
- the children of the person who died – this includes whāngai children
- other family members (if there are no children).
Husbands, wives and civil union partners can continue to receive income from the land – during their lifetime, or until they remarry or start a de facto relationship. Refer to Section 109 of the Act for more on who land can be left to if there is no will.
If you think you should succeed to Māori land
If a whānau member has died and you believe you're entitled to succeed to land, contact the Māori Land Court. They can help you find out about the land and gather the info you need. To get started, you can:
- email, ring or visit the Māori Land Court
- read about succession to Māori Land on the the Māori Land Court website
- search the Māori Land Online database to get owner and property information.
Application process for succeeding to Māori land
- Fill out relevant application forms and gather relevant documents
- File the application with a Māori Land Court office
- Attend a Māori Land Court hearing to confirm the facts of the succession
- Once the Maori Land Court decides who will inherit the land, the Māori Land Court issues a succession order
Documents you will need to apply for succession:
- Original death certificate or a certified copy
- Original will (or grant of administration) if there is one
- Fully completed application papers
- Application fee of $60.00
- Details of the deceased’s whānau. That is parents, brothers, sisters and children.
Who can make an application to succeed to Māori land
The application can be made by:
- a family member
- an “administrator” or “executor” of the estate
- anyone who believes they're entitled to succeed to the land
What happens at the Māori Land Court
The Māori Land Court may ask about the whakapapa of the person who died. This will help them determine who is legally entitled to continue ownership of the land. Once the Māori Land Court decides who will inherit the land, their decision is recorded in a court order.
Make this process easy for your whānau
Passing on Māori land ensures your children, mokopuna and descendants remain connected to their whenua. Make succession easier for your whānau by taking the steps described below.
Talk to your children and other whānau about the land that you own, including:
- where it is
- what it’s called
- who looks after it, eg the Māori Trustee (Te Tumu Paeroa) a trust, or a Māori incorporation
- all of the names you might be known by
- all of the names of your parents, brothers and sisters
- anything they need to know about other people who might be entitled to inherit part of the land.
Make a will. Decide what you want to happen with your land and formalise it in a will. Talk to the Māori Land Court to check that your wishes are in line with what the law allows.
Gift land to your children while you are still alive. See the Māori Land Court publication Transferring Māori Land Shares for information on how to do this.
Set up a whānau trust to maintain ownership for the benefit of the whole whānau. Refer to:
- the Māori Land Court info page about Māori land trusts
- the Māori Land Trusts booklet (published by the Māori Land Court).