Te Ture Whenua Maori Act 1993
Maori Land Act 1993

118 Vesting in persons beneficially entitled where no grant of administration

(1)

Subject to section 119, where—

(a)

administration of any estate to which this Part applies has not been granted; or

(b)

the administrator of any estate to which this Part applies has died after a grant of administration has been made,—

the court may make an order vesting any beneficial interest in Maori freehold land belonging to the estate in the persons entitled to the interest.

(2)

An application for an order under this section shall be made by or on behalf of the person or one of the persons claiming to be entitled to the interest under the will or on the intestacy of the deceased person.

(3)

No order shall be made under this section unless the court is satisfied—

(a)

that the person or persons entitled to obtain a grant of administration of the estate of the deceased person does not or do not intend to seek any such grant; and

(b)

that there is no apparent reason why the estate of the deceased person should be formally administered.

(4)

In making an order under this section, the court shall proceed as if all the persons living at the death of the deceased person who, if they had then attained full age, would have taken an absolutely vested interest in any part of the estate, had then attained full age.

(5)

The provisions of subsections (2) to (9) of section 117, with any necessary modifications, shall apply to the exercise of the court’s powers under this section.

(6)

Where the known estate of a deceased person has previously been administered and additional interests of the deceased in Maori freehold land are discovered, the court, notwithstanding any other provisions of this section, may deal with those interests under this section if it is satisfied that any other course would be unduly expensive or difficult having regard to the value of the interests.

Compare: 1967 No 124 s 78A; 1973 No 106 s 17; 1974 No 73 s 26; 1976 No 148 s 19