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Alienation: Selling, gifting and other land transactions

Transferring shares in a Māori incorporation

Can I transfer my shares in a Māori incorporation?

Te Ture Whenua Māori Act 1993, s 264 Māori Incorporations Constitution Regulations 1994, Schedule 1, clause 27

Yes, if you’re a shareholder in a Māori incorporation, you can sell, gift or exchange your shares (“transfer” your shares).

The shares must be transferred to a member of the “preferred classes of alienees” (see: “Overview and key terms”), although if no member of the preferred classes can acquire the shares, you can offer them to the incorporation as a last resort.

There might be a rule in the incorporation’s constitution for a minimum number of shares each person has to have. If you are transferring only some of your shares, you’ll need to make sure you and the person you are transferring them to will both have enough to be above that minimum. The minimum doesn’t apply if you’re transferring all of your shares.

How do I transfer my incorporation shares?

Māori Incorporations Constitution Regulations 1994, Schedule 1, clauses 28, 31; Schedule 2, Form 5

The Māori Land Court has an application form for this. You can contact the nearest court office for it.

Note: The form must also be signed and witnessed by one other person, who must state their address and occupation.

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Māori land

Where to go for more support

Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online:

Māori Land Court

See the Māori Land Court website for application forms and information about Māori Land and the court’s role and processes.

Website: www.maorilandcourt.govt.nz
Download application forms online: www.maorilandcourt.govt.nz/our-application-process/come-in-apply-to-the-court/application-forms
Download information booklets online: www.maorilandcourt.govt.nz/about-mlc/publications
View the National Pānui online or subscribe online: www.maorilandcourt.govt.nz/national-panui

Ngāi Tahu Māori Law Centre

The Ngāi Tahu Māori Law Centre assists all Ngāi Tahu and all Māori living within the Ngāi Tahu rohe on Māori land law issues.

Website: www.ngaitahulaw.org.nz
Email: info@ngaitahulaw.org.nz
Phone: 0800 626 745

Pātaka Whenua

Pātaka Whenua is the new online customer portal that replaced Māori Land Online. This customer portal gives you the ability to submit an enquiry, access Māori land information and file a Court application.

Website:  www.customer.service.maorilandcourt.govt.nz
View the user guides on Pātaka Whenua online: www.māorilandcourt.govt.nz/contact-us/pātaka-whenua-our-new-online-portal

In the future you will be able to search for documents including Minutes and Orders. Until this is available online, you can access this information by emailing mlctewaharoa@justice.govt.nz or visiting your local Māori Land Court office.

Te Tumu Paeroa: Office of the Māori Trustee

Te Tumu Paeroa provide professional trustee services where the Māori Trustee has been appointed a role on a Māori Land Trust.

Website: www.tetumupaeroa.co.nz
Email: contact@tetumupaeroa.co.nz
Phone: 0800 943 682

Inland Revenue Department, Kaitakawaenga Māori service

Kaitakawaenga Māori provides support to any Māori individual or business wanting tax information, advice or training.

Website: www.ird.govt.nz/contactus/kaitakawaenga-maori

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