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Q.

What type of land can we set aside as a reserve?

   
 
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.

For what purpose can a reservation (or reserve) be established?

   
 
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.

Is land that is set aside as a reserve liable for rates?

   
 
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.

How do I get a copy of the gazette notice for a Maori reserve?

   
 
A. A copy is available from the Maori Land Court.
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Q.

Who can be nominated as a trustee?

   
 

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.

How long can a trustee be a trustee of a Maori reserve?

   
 
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.

What's the difference between marae trustees and marae committees?

   
 

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.

Can trustees sell the land?

   
 

A. Land set aside as a Maori reserve is unable to be sold.

 
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April 2008

   
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