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If your question is not in this list
then click here to make an enquiry
on-line.
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Q.
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What type of land can we set aside as a reserve?
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A. Any Maori
freehold land or any general land can be set aside as reserves.
Crown land with historical, spiritual or emotional significance
to Maori can also be set aside. Land that is perpetually leased
(with the owner's consent) can also be set aside (that is
land that is leased with an unlimited number of renewals).
It is possible to establish a Maori reservation on just part of
a block of land.
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Q.
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For what purpose can a reservation (or reserve)
be established?
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A. A Maori reservation
can be established and used for a variety of purposes, such
as: Village site; marae; sports ground; place of historical,
cultural or scenic interest; building site; church site; urupa;
papakainga; kaumatua flats or meeting place; pa site. For
a full list see section 338(2)
of Te Ture Whenua Maori Act 1993.
The people who benefit from the reservation are usually
named as members of a hapu, or several hapu, or can be any
group of Maori.
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Q.
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Is land that is set aside as a reserve liable for
rates?
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A. Yes, in most
cases rates are still payable on Maori reserves. However,
rates can be remitted, or waived by the local authority. This
needs to be discussed with them.
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Q.
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How do I get a copy of the gazette notice for a
Maori reserve?
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A. A copy is
available from the Maori Land Court.
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Q.
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Who can be nominated as a trustee?
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A. Anyone can be nominated.
The minimum number of trustees is two people. A trustee
does not have to be an owner in the land. However, the Court
needs to be satisfied that the trustee is a "worthy
appointee". It is unlikely to appoint someone who:
- is bankrupt
- is imprisoned
- is convicted of a crime involving dishonesty
- has a mental disability
- is a minor
- is known to the court to have misconducted him or herself
in the administration of a trust
- is in a corporation that is in liquidation or no longer
in business.
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Q.
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How long can a trustee be a trustee of a Maori
reserve?
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A. Trustees are appointed
for life or such term as set out in the trust deed. Trustees can apply to the
court to be removed - only the court can remove a trustee.
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Q.
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What's the difference between marae trustees and
marae committees?
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A. Marae trustees
are the legal entity responsible to the Court and beneficiaries
of the Maori reservation for the overall control and management
of the reservation.
The marae committee is responsible to the marae trustees for
the day-to-day running of the marae.
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Q.
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Can trustees sell the land?
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A. Land set aside as
a Maori reserve is unable to be sold.
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Succession to Maori land
| Maori Land Trust | Maori
Reservations | Maori Incorporations
| General Questions |
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Ministry of Justice: Copyright statement
Publications produced by the Ministry of Justice are subject to Crown copyright protection unless otherwise indicated. The Crown copyright protected material may be reproduced free of charge in any format or media without requiring specific permission. This is subject to the material being reproduced accurately and not being used in a misleading context. Where the material is being published or issued to others, the source and copyright status must be acknowledged.
The permission to reproduce Crown copyright protected material does not extend to any material that is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.
Note: Ministry of Justice ‘publications’ comprise those documents produced by the Ministry in its business as usual capacity. It does not include documents or judgements produced by judicial/court officers.
April 2008
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