Te Ture Whenua Maori Act 1993
Maori Land Act 1993

108A Disposition by will of spouse’s or partner’s rights to occupy and receive income

(1)

An owner of a beneficial interest in Maori freehold land may leave that interest by will under section 108 subject to the gift to the owner’s spouse, civil union partner, or de facto partner of 1 or both of the rights specified in subsection (2).

(2)

The rights are—

(a)

the right to occupy the principal family home if it is on the land:

(b)

the right to receive any income or discretionary grants from the interest.

(3)

A right may be gifted for—

(a)

a specified period; or

(b)

the life of the spouse or partner.

(4)

A right ends if—

(a)

the specified period (if any) ends; or

(b)

the spouse or partner dies; or

(c)

the spouse or partner gives it up in writing.

(5)

A right—

(a)

cannot be transferred or disposed of by the spouse or partner; and

(b)

does not give the spouse or partner an ownership interest in the land.

(6)

The person or persons who receive the beneficial interest in Maori freehold land—

(a)

are the owners of the interest (who may be assembled owners under Part 9); and

(b)

if the right to receive any income or discretionary grants was gifted, are entitled to receive the income or discretionary grants when the right ends.

Section 108A: inserted, on 6 February 2021, by section 25 of Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51).