Te Ture Whenua Maori Act 1993
Maori Land Act 1993

117 Vesting in persons beneficially entitled following grant of administration

(1)

Subject to section 119, where administration of any estate to which this Part applies has been granted, the court may, on the application of the administrator or of any person interested, make an order vesting any beneficial interest in Maori freehold land belonging to the estate in the persons (in this section referred to as the beneficiaries) who are legally entitled to succeed to the interest.

(2)

An administrator may make an application under this section notwithstanding that the interest to which it relates has not been vested in the administrator under section 112.

(3)

In disposing of any interest of a deceased owner under this section, the court may exercise all or any of the following powers:

(a)

the court may exercise with respect to the whole or any part of the interest any jurisdiction that it would have had authority to exercise under any of the provisions of this Act, if application had been duly made in accordance with this Act and with the rules of court:

(b)

the court may, with the consent of a beneficiary, vest the whole or any part of the interest of that beneficiary in any other person who is entitled to acquire or succeed to that interest:

(c)

the court may give effect to any arrangement or agreement whereby the interest of any beneficiary is to be vested in any other beneficiary or in any other person who is entitled to acquire or succeed to that interest, but no person shall be excluded from any interest to which that person is entitled without that person’s consent.

(4)

For the purposes of subsection (3)(c), any agreement or arrangement may, in the case of a person under disability, be entered into or made on behalf of that person by a trustee appointed under Part 12, or, if no such trustee is appointed, by any other responsible person.

(5)

Where any beneficial freehold interest in land has been devised by the will of the deceased owner to a trustee other than a bare trustee, the trustee shall, for the purposes of this section, be deemed to be the beneficiary.

(6)

In any case to which subsection (5) applies, the existence of the trust shall be stated on the face of the relevant vesting order.

(7)

Nothing in this section shall limit or affect any right or remedy to which any person may be entitled in respect of any act done by any other person as administrator of any estate.

(8)

Any money held by the Māori Trustee or any other agent for any person at the date of that person’s death, being the proceeds of the alienation of any Maori freehold land, shall be deemed for the purposes of subsection (3)(c) to be interests in Maori freehold land; and the court may dispose of that money accordingly by making an order for payment of it under section 242.

(9)

Nothing in subsection (8) shall impose any liability on the Māori Trustee or other agent in respect of any payment out of the proceeds of sale after the death of the deceased if the payment was made by the Māori Trustee or other agent without knowledge of the owner’s death.

Compare: 1953 No 94 s 136; 1957 No 81 s 2(1); 1961 No 129 s 7; 1963 No 123 s 4; 1967 No 124 ss 78A(8), 81A(3); 1973 No 106 s 17; 1974 No 73 ss 22, 26; 1976 No 148 ss 19, 20(1)

Section 117(8): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).

Section 117(9): amended, on 1 July 2009, pursuant to section 30(2)(a) of the Māori Trustee Amendment Act 2009 (2009 No 12).