Te Ture Whenua Maori Act 1993
Maori Land Act 1993

215 Ahu whenua trusts

  • (1) The court may, in accordance with this section, constitute an ahu whenua trust in respect of any Maori land or General land owned by Maori.

    (2) An ahu whenua 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 persons beneficially entitled to the land.

    (3) An application for the constitution of an ahu whenua 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 an ahu whenua trust shall be held in trust for the persons beneficially entitled to the land in proportion to their several interests in the land.

    (6) Notwithstanding anything in subsection (5), the court may, either on the constitution of an ahu whenua trust or on application at any time thereafter, empower the trustees to apply the whole or any part of any specified portion of the trust income for Maori community purposes or for such Maori community purposes as the court may specify, and, in such a case, the trustees may apply any part of such specified portion of the trust income in accordance with section 218.

    (7) In any case to which subsection (6) applies, the beneficiaries shall be the beneficial owners of the block or blocks of land vested or to be vested in the trustees for the purposes of the trust.

    (8) The constitution of an ahu whenua trust shall not affect any person’s entitlement to succeed to any beneficial interest in any land vested in the trustees for the purposes of the trust.

    Section 215(5): amended, on 1 July 1994, by section 12 of Te Ture Whenua Maori Amendment Act 1994 (1994 No 69).