New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The court may, in accordance with this section, constitute a whenua topu trust in respect of any Maori land or General land owned by Maori.
(2) A whenua topu trust may be constituted where the court is satisfied that the constitution of the trust would promote and facilitate the use and administration of the land in the interests of the iwi or hapu.
(3) An application for the constitution of a whenua topu trust under this section—
(a) shall be made in respect of all the beneficial interests in 1 block or in 2 or more blocks of land; and
(b) may be made by or on behalf of any of the owners or the Registrar of the court.
(4) The court shall not grant an application made under this section unless it is satisfied—
(a) that the owners of the land to which the application relates have had sufficient notice of the application and sufficient opportunity to discuss and consider it; and
(b) that there is no meritorious objection to the application among the owners, having regard to the nature and importance of the matter.
(5) The land, money, and other assets of a whenua topu trust shall be held for Maori community purposes, or for such Maori community purposes as the court may specify either on the constitution of the trust or on application at any time thereafter, and shall be applied by the trustees in accordance with section 218 or as otherwise ordered by the court for the general benefit of the members of the iwi or hapu named in the order.
(6) Except as provided in subsection (7), while a whenua topu trust constituted under this section remains in existence, no person shall be entitled to succeed to any interests vested in the trustees for the purposes of the trust.
(7) Notwithstanding anything in subsection (5), but subject to subsection (8), the court may, either on the constitution of a whenua topu trust or on application at any time thereafter, order in respect of any specified interests vested in the trustees for the purposes of the trust that the interests shall be deemed to be held for the persons named or described in the order, and the income arising from those interests shall thereafter be paid to those persons and their successors accordingly.
(8) The court shall not make an order under subsection (7) unless it is satisfied that the order is necessary to protect the interests of any owner of a large interest in the land vested or to be vested in the trustees for the purposes of the trust.
Section 216(2): amended, on 1 July 2002, by section 29 of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).
