Te Ture Whenua Maori Act 1993
Maori Land Act 1993

114 Succession to Maori land on intestacy where no person primarily entitled

(1)

If, in respect of any estate to which this Part applies, the court is of the opinion that no person is primarily entitled to succeed to any beneficial freehold interest in Maori freehold land in accordance with section 109, it shall determine the persons entitled to succeed in accordance with tikanga Maori.

(2)

In any case where customary links with the land have been severed or cannot for any reason be ascertained, the court may determine who is entitled to succeed by taking into account tikanga Maori applicable to the situation, and, in doing so, the court may consider—

(a)

the means by which the interest was acquired; and

(b)

the origin and nature of the interest; and

(c)

the persons entitled to succeed to any other interest owned by the deceased at his or her death, and the nature of that interest; and

(d)

the nature of any other property owned by the deceased at his or her death.

(3)

If, in any case, the court is of the opinion that no person is entitled to succeed in accordance with section 109 or with tikanga Maori, it may, by order, vest the interest or shares—

(a)

in the trustees of a putea trust constituted under section 212; or

(b)

in the other owners.

Compare: 1967 No 124 s 76A(1); 1974 No 73 s 25