Te Ture Whenua Maori Act 1993
Maori Land Act 1993

109A Succession to ota whakanoho on intestacy

(1)

Subject to subsection (2), section 109 applies, with all necessary modifications, to an occupation order as if it were a beneficial interest in Maori freehold land.

(2)

A person is entitled to succeed to an occupation order—

(a)

if the person owns a beneficial interest in the land to which the occupation order applies; and

(b)

if the court is satisfied, in the circumstances, that the extent of the person’s beneficial interest in the land justifies that person succeeding to the occupation order.

(3)

An occupation order that passes by succession is cancelled automatically on the date of expiry or termination of the occupation order.

Section 109A: inserted, on 1 July 2002, by section 16 of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).