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“Maori” and Law Exam

Task Description:

Exam Of ‘Maori’ Law – There are THREE problem questions. The value of each question is indicated

  • Question One is worth Fifty (50) Marks
  • Question Two is worth Thirty (30) Marks
  • Question Three is worth Twenty (20) Marks

Answer ALL questions, and all parts of questions.

Solution:

Answer 3

Legally speaking, according to the Te Ture Whenua Maori Act of 1993, the Mori Land Court has the authority to change land that is now held in Mori freehold property to land that is held in general freehold ownership. A recent case that was heard by the Mori Land Court demonstrates, on the other hand, that converting Mori Land into General Freehold is not an easy process, and the Court can only use its discretion in extremely exceptional circumstances.

There are two aspects of the given case study. The first is the conversion of freehold land to general land. And second is the need to obtain the finances to renovate the homestead by Maia and Te rina.

According to section 133 a general land can be easily change to Mori freehold land whereas it is far more difficult to change Mori freehold land to General land.

In the latter case according to section 135, The court will make an order in accordance to section 136 and 137. Section 137 provides feesimple vested in trust and in corporation.

The conversion of land that is currently part of Mori property into general land is an option that should only be considered as a last resort. In order to convince an appeals court that the proposed change is in line with the goals of the Act, one will need to provide proof of specific plans. The classification of the land as Mori land does not preclude the possibility of the owner selling the land in order to make a profit if the owner does not have evidence. In a number of decisions handed down by the Mori Land Court, the court has held that a sale or purchase agreement or any other relevant proof can serve as legitimate evidence showing the landowners in question have satisfied the first component of this test. It may be more difficult, however, to fulfil the second criteria, which stipulates that the court must have the authority to issue a judgement based on its own discretion.

In order for the amendment to be approved by the Mori Land Court, the court must reach the following conclusions first:

There are less than ten people who have legally staked a claim to the land.

Nobody can be relied upon to navigate the landscape in any way, shape, or form.

that the title to the land is registered in accordance with the Land Transfer Act of 2017 or is registered under that law; or

that the title to the land is registered under that law. Also,

(1) It is vital that the majority of shareholders approve of the change after having given it due thought.

(2) It is essential that the majority of shareholders approve of the change

It makes the most sense to put the land to general use because it can then be more effectively controlled and utilised in that capacity. Convincing the judge that this isn’t an easy task is extremely challenging. In particular, it is not sufficient to prove the reason why a rise in the price that is being offered for sale is the outcome of the modification.

Maia is required to submit to the court an application together with an up-to-date certificate of title that was granted by Land Information New Zealand. She need to be persuaded by your petition that one hundred percent of the landowners must give their consent for the land to be converted into Mori freehold land or

The vast majority of the land’s current owners support the modification, and as a result, it will be possible to effectively administer the property or put it to use for Mori Freehold Land.

Answer 2

On every parcel of land owned by Mori, it is possible to start a business under the name “Mori Incorporation,” which is essentially the name of a company that can be formed there. An Maori incorporation has access to the same set of tools and resources as are available to a limited liability company. It becomes the only owner of any land or property that is subsequently registered in its name. It has a Management Committee that is made up of representatives from different stockholders.

According to the definition of incorporation under mori land in corporation act, land maybe of different types including investment lands and corpus lands that is also named as Mori freehold land. The step of lands is run by a committee of management that has been constituted as per the regulations.

The incorporation provides the management to develop and use more land in the best possible way by keeping in mind the objects that are mentioned in the incorporation which includes:

  • Agriculture,
  • timber,
  • coal mining,
  • alienation or
  • Other as specified in the order of incorporation.

The purpose of the 2002 amendment act was to recognise that mori land should retained their lands and also seek for the best utilisation and development for the society as a whole.

In the present case scenario the management is progressing with Pleiades 2018 Limited and wanted to enter into a contractual agreement to launch rocket into the space from the mori land. This proposal should not go ahead as the objects or not specifically mentioned in 2002 amendment also. Moreover it will cause noise trouble and many other environmental related problems to the people residing nearby. This is not the objective and aim of the incorporation.

Answer 1

It is possible to remove trustees from their posts if one of the following conditions is met:

  1. The trustee is no longer capable of carrying out the responsibilities associated with their role, or
  • If any of the following conditions are met, removal is suggested in order to ensure that the trust is carried out in the manner in which it was meant to be carried out:
  • The Trustee fails to fulfil their duties as Trustee on a consistent basis or completely stops doing so
  • If the Trustee is in a position to satisfy their commitments, then the bankruptcy will be considered “undischarged.”
  • Even though it’s a firm, there was a precarious financial condition that required the trustee’s involvement.
  • Because of a change in the trustee’s circumstances or in the trustee’s behavior, the trustee is no longer qualified to serve in their current capacity as trustee.
  • It is possible for a trustee to become unable to function as trustee in the event that the trustee:

You have the option of either having a person who is appointed in accordance with an order pursuant to Section 31(1) of the Protection of Personal and Property Rights Act of 1988 or having a person who is appointed in accordance with an order pursuant to Section 31(2) of the Act.

You are considered a trustee if you fulfill the following criteria:

  • You are a corporation that is operating as a trustee in accordance with sections 32 and 33 of the Act and you manage the trustee’s assets and monitor the trustee’s property.
  • Because of their actions or their personal circumstances, a person could lose their eligibility to serve as a trustee for a longer period of time.
  • The trustee engages in a dishonest or fraudulent act and is judged to be guilty of having done so.

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