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Taonga Māori

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 transfer your shares (that is, sell, gift or exchange them).

The shares must be transferred to a member of the “preferred classes of alienees” (See the definition in “Key terms and definitions” at the start of 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.

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

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Your local Community Law Centre can provide free initial legal advice and can help you apply to the Māori Land Court.

Ngāi Tahu Māori Law Centre

www.ngaitahulaw.org.nz

The Ngāi Tahu Māori Law Centre assists all Ngāi Tahu and all Māori living within the Ngāi Tahu rohe. They practise in Māori land law and in advocacy focused on kaupapa Māori.

Māori Land Court

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Find information about the Māori Land Court online.

Forms

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Download application forms online.

Information booklets

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National Pānui

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View the National Pānui online or subscribe online.

Māori Land Online

www.maorilandonline.govt.nz

Search for Māori land interests online.

Te Tumu Paeroa: Office of the Māori Trustee

www.tetumupaeroa.co.nz

Search online for funds owing to beneficial owners.

Inland Revenue Department, Kaitakawaenga Māori service

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

This service offers one-on-one tax advice; tax training or seminars; tax agencies at resource centres or marae; and school visits. This service will attend hui or come to you and provide other advice about your tax obligations.

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