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Communtity Law Manual | Māori land | Transferring shares in a Māori incorporation

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

If you’re a shareholder in a Māori incorporation, you can transfer your shares (that is, sell, gift or exchange them) so long as:

  • your shareholding stays above any minimum set by the incorporation, and
  • the shares are transferred to a member of the whānau or hapū associated with the land (the “preferred classes of alienees”: see the definition in “Key terms and definitions” in this chapter), although if no member of the preferred classes can acquire the shares you can offer them to the incorporation as a last resort.

    Note: Any minimum shareholding requirements apply only to “live” transfers – that is, to where a living person wants to transfer their shares. They don’t apply to the transfer of a deceased person’s shares to his or her successors (see “Succession: Transfer of ownership when an owner dies” in this chapter). Some incorporations transfer shares in-house, and also deal with the transfer of ownership to successors in-house.

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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