New Maori Affairs Bill recognises trusts

Press, 13 June 1984, Page 13

New Maori Affairs Bill recognises trusts

By

OLIVER RIDDELL

in Wellington

c Five different types of trusts are established and gain legal recognition in the new Maori Affairs Bill now before Parliament. The present legislation, the Maori Affairs Act, 1967, does not recognise that trusts may be desirable according to the varying circumstances surrounding different blocks of land. Its saving grace has been seen by Maoris to lie in its lack of clarity and its flexibility. This has allowed the Maori Land Court reasonable freedom to shape trusts to meet particular needs, but has still been regarded as unsatisfactory. The five trusts to be recognised are—- ® Putea trusts, which will mainly deal with interests in land which have become uneconomic to administer as separate interests.

The constitution of the trust would not sever the ties of any owner with the land, but would provide for a pooling for a common benefit of what little income did derive from the land,

and avoid further fragmentation by stopping future succession.

Such a trust might also be set up to cater for the interests of owners who have disappeared. © Whanau trusts are provided for, equating broadly with family trusts. The emphasis is on preserving the family’s turangawaewae. while extinguishing individual interests in the land. The Whanau trusts may be established only with the consent of all the owners. Income derived from the land may be pooled, and future succession is stopped. ® Ahu Whenua may be set up, to promote and facilitate the use and administration of land in the best interests of the beneficial owners. The Maori Land Court has to be satisfied that the owners have had sufficient chance to discuss the pro-

posal, and that there is a sufficient degree of support among the owners to set up the trust.

But unanimous support is not required, and setting up an ahu whenua trust does not affect future succession. ® Whenua-a-iwi trusts, for the tribe, may be set up for the whole or a substantial part of the total interests in land owned by members of any iwi or hapu. The Court must be satisfied that the constitution of the trust would promote and facilitate the use and administration of land in the best interests of the iwi or hapu.

® Kai tiaki trusts formalise provisions for people who are under a disability.

The five trusts all have provision for the appointment of trustees. Those who may be appointed are any individual, a Maori Trust Board, a Maori Incorpora-

tion. the Maori Trustee, the Public Trustee or a trustee company.

In considering any appointment, the Maori Land Court must be satisfied that the proposed appointee not only has the ability, experience, and knowledge required, but also is broadly acceptable to the beneficiaries.

Every trust must have at least one “responsible trustee” and provision is also made for advisory trustees and custodian trustees in appropriate places. Trustees are allowed to act by majority decision, but are protected from personal liability when dissenting from a majority decision, as long as the dissent is recorded in writing before the majority decision is implemented. There must be a periodic review, at intervals of not more than 20 years, of trusts by the Court.