Tauatanga
Succession

Māori freehold land can be owned by one owner or several owners and in some cases, there might be hundreds of owners in one block or title of land. The accurate documentation of succession to land is critical and enables landowners to work together to make decisions about its use for the benefit of all landowners, their whānau, and future generations.

Succession is confirmed by a judge or registrar, and the whakapapa to land and landowners become part of the permanent court record.

Once succession has taken place, you are a kaitiaki of the whenua and it is now your responsibility to care for and protect the land for generations to come.

In most cases, succession is applied for by whānau inheriting the whenua or by those legally authorised to manage the estate of the person who has passed away. However, a succession application can be made on behalf of a whānau member if that is preferred.  Regardless of who applies, we will carry out the necessary research to identify and confirm all of the rightful new owners of the land interests or incorporation shares.

The first step in filing a succession application is to gather the whakapapa information of the whānau member who passed away, including the names and contact information of their parents, brothers and sisters, children, and partner(s).

You will also need to provide:

• a copy of their death certificate or other evidence of death
• an original or certified copy of the will
• written confirmation from any spouse or partner who wishes to surrender a lifetime right (if applicable)
• consents agreeing to include succession by whāngai (if applicable)
• a completed Whānau Trust application, draft trust order, written consent from trustees, and minutes from the hui agreeing to constitute a Whānau Trust (if you are also applying to set up a whānau trust).

This information helps us to find the correct records relating to your whānau and whenua so we can make sure the land is being transferred to the right people.

An application fee of $66 will need to be paid before your application can be accepted (except for applications where you are seeking to apply for further interests of a person to whom you have already succeeded, which costs $22).

Whāngai is a Māori custom where a child is raised by someone other than their birth parents – in many cases, by a blood relative. Traditionally, the practice of whāngai was to strengthen whānau, hapū and iwi ties and relationships and to honour the responsibility that whānau had to each other.

If an application for succession includes a whāngai child, we will refer to the tikanga of the relevant hapū or iwi to which the land and whānau are connected. That tikanga will determine whether a whāngai child is entitled to succeed. The Court will consider the views of the whānau involved in the succession, whether there is a blood connection between the whāngai child and the parent(s) whose who owns the interests, and when the whāngai child came into the care of that parent. We will also consider the views of any biologically related children.

If the whāngai child isn‘t entitled to succeed according to the tikanga of the relevant hapū or iwi, we will work with the whānau to reach an agreed outcome. The judge or registrar may issue an order giving the whāngai child the right to occupy a family home on the land, or to receive all or part of any income from the land interest, or both.

Succession involving a legally adopted child is not the same as succession involving a whāngai child. ‘Legally adopted’ child(ren) are regarded as the ’natural‘ child(ren) of the person who has passed away. Therefore, they will succeed to the land even if they do not have a blood connection to the owners.

When a landowner passes away and they have no children or mokopuna, other members of their whānau will succeed to their whenua. Whānau members entitled to succeed to the whenua include:

• Any brothers or sisters
• Their parents (who they received their whenua from) – if they have no brothers or sisters, or those brothers and sisters have no children.
• The brothers and sisters of their parents (who they received their whenua from), if their parents have passed away
• Their grandparents (who they received their whenua from), if their parents and uncle(s) and aunt(ies) have passed away
• The closest living descendant who is related by blood to their grandparent (who they received their whenua from).

We’ll use the information you provide to search our records and find who has the closest whakapapa connection to the deceased. The interest(s) will then be succeeded to those people.

When a landowner passes away, leaving behind a spouse or partner (by marriage, civil union, or de facto relationship), their children or descendants can succeed immediately to their Māori land interests, and do not have to wait until the surviving spouse or partner passes away.

This means children or descendants can be involved as landowners and take part in decision making for the whenua immediately.

A surviving husband, wife, or partner cannot become the owner of the land interest(s). However, they are entitled to receive any income from that land interest, including income from incorporation shares or rights to any grants, for their lifetime. They can also continue to live in the whānau home if it's located on the whenua that their deceased spouse has interest(s) in.

These rights apply for the surviving spouse’s lifetime, unless they remarry, form a civil union, enter a de facto relationship, or give up their rights by choice. Once these rights cease, the children or descendants then become entitled to the income and occupation rights.