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Chris The Lawyer
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My mother passed away and left her Maori shares in Maori land

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My mother passed away and left her Maori shares in Maori land in a family trust. My brothers and sisters are the beneficiaries of the trust and I am the sole trustee of the trust. I want to apply for non profit funding. Can I do this and how.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  BIZIPESQ replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

Question: is the trust organized for non-profit purpose?

Customer:

I don't think so. All I no is that my mother went to the Maori Land Court and put all her share holdings in her Maori Land Blocks into the trust (Bill Bayne & Erana Whanau Trust) making me the only Trustee. If it is not set up for a Non Profit purpose, then how do I go about doing this and can I.

BIZIPESQ, Attorney
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Expert:  Chris The Lawyer replied 1 year ago.
Kia ora
The question was picked up by a US attorney but better answered by a NZ lawyer. Under Te Ture Whenua Maori Act, you can apply to the Maori Land Court to vary the purpose of the trust. There is power to change this to a more appropriate purpose on your application. You just go to the court and complete an application and the case will be placed in the next panui. At the hearing you can appear and explain to the judge why this needs to be changed, and this should be fairly straightforward. You will not need a lawyer for this. There are a number of sources for funding, and I can suggest places if you tell me the purpose of the use, such as farming.
Customer: replied 1 year ago.

Hi Chris, I am looking for funding to irradicate pest from the maori land blocks on Great Barrier and help regenerate the flora and fauna back to it's former glory. Also start educating the younger generation about enviromental issues and the culture significance it holds for maori people. I grew up with the knowlege passed down by my mother, and I would like to be able to pass that on. At present there are priviatly owned land that has received funding and are helping me to achieve the same outcome.DOC are helping me also. The Gt Barrier is already pest free from a lot of rodents, how ever we still have a issue with rats & cats as does the rest of the world. My mothers land is multipule owned with other share holders involved. I have their full support in writing. I am sure my family would be very supportive about me making my mother trust a Non profit orgainisation and if I can make a difference to this beautiful place it's all worth it for generations to come. We have a Marae that is already a non proft orgainisation and I prefer not to be involved with them, not that it is a problem they too are more than happy to support me in every way they can. Thanks Brenda

Expert:  Chris The Lawyer replied 1 year ago.
The Maori Land Court are very happy keen to help with plans to develop land. What you need to do is develop a plan to change the land use as you want and then consider how the existing trust can be changed to ensure this is done. So if you present the plan with the support of whanau to tell the court your intention is to encourage the wairua of the land then they will endorse the plans
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience: 34 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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