December 12 2019 17:28:21
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Papakainga
f Cook
I am hoping that someone who has done this successfully can assist me with information about building on Maori land. I have been to the site maoriland online but a lot of the information is not that clear. There is an area that can be set aside for Papakainga but one of my main concerns is - can your home remain there for the use of your immediate family i.e. children, grandchildren, great grandchildren indefinitely? I have read that if you wish to reside on the property for more than 21 years application is to be made to the Maori Land Court but, for how much longer? No owner has shown any interest in living there but this is the place that I was brought up and it means a great deal to me. I want to retire back there soon so appreciate any help however small.
 
poutokomanawa
Kia ora f Cook and welcome Smile

This is a huge question and the answer depends on a whole lot of things and the following list is what you will need to find out to be able to progress further with your desire to return home to live.

Is the land just a block without a trust or similar running it or is it part of a larger block or trust?

How many owners are there - do you know them all?

can your home remain there for the use of your immediate family i.e. children, grandchildren, great grandchildren indefinitely?


Probably not as they are not the only owners of the block. Maori land is SHARED land and communal so you can not effectively claim a patch as yours and your decendants for the rest of time. By doing this you would be cutting out all the other whanau who whakapapa to that block.

Setting up Papakainga can be a huge expense, with the legal fees and subdivisions and picky councils and bureaucrats that expect $1000 just to drive to the whenua look at if for 5 minutes and drive off. This is why trusts usually set up Papa Kainga and set the rules as to who can live there, lease fees, how long people can they live there. These are often called LTO's or License To Occupy - again the right to Occupy the land but not have it for your descendants for all time.

Also, The Ture Whenua act which governs all of this is currently under review so it could all change and be another ball game!

That review is supposedly out at the end of the year - there is a post in the Papa Panui under Current Events that talks about this.

So what can you do in the meantime? Make sure you know what kind of block it is, if it is part of a bigger block, who it is administered by and under what act, who are the trustees for administering the block and who are the shareholders!

You will need to know that to do anything!

Good Luck! Smile
Nau te raurau,
Naku te raurau,
Ka ora ai nga tangata!
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Together we will get there!
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Tarami
Ring your nearest Maori Land Court - they'll take you through all the steps. Alternatively, go to their website which contains information as well as the required forms.
 
f Cook
Kia ora Poutokomanawa, Thank you again for your kind remarks and assistance. I will continue on with help from whanau back home. I believe that this can happen and although the process is time consuming I'm sure we'll get there in the end. Hopefully this may encourage other whanau to want to come and live there too.

Nga mihi
f CookWink
 
f Cook
Kia ora Tarami, Yes I agree. I have been now talking with someone from the Maori Land Court who has given quite a bit of information about the process. Mind you this communication is via email as I don't live in N.Z. and I suppose they have many emails to reply to not just mine. It's been about 5 weeks for them to get back to me again today. I have actually found some interesting information along the way to do with Maori land in general. When my Koro was alive he was the main source of information for anyone who wanted to know anything about whenua in our special part of Aotearoa. Oh how I wished we listened a bit more but we were just little kids more interested in playing and having to cook Kai for all the visitors who used to come to our little house to see him. Thank you for your reply. Every bit of information is very encouraging.
Nga mihi
fCookWink
 
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