Introduction

Māori trusts are a unique legal vehicle designed to manage and protect Māori land, taonga (treasures), and assets for the benefit of current beneficial owners and future generations. At Harris Tate, we understand the cultural significance of whenua Māori (Māori land) and the importance of upholding tikanga (Māori customs and protocols) alongside the legal rules and responsibilities that come with establishing and administering Māori trusts. We provide clear, straightforward advice and guidance that supports whānau, hapū and iwi in realising their aspirations for their whenua and their stakeholders, with tikanga Māori in mind.

Understanding Māori Trusts

Māori trusts can come in different forms, including trusts that are established in the usual way such as some post-settlement governance entities, and trusts that operate under the framework of Te Ture Whenua Māori. Either way, Māori trusts are vehicles designed to help with the management of assets, including land and other taonga (treasures), for the collective benefit of the beneficiaries or beneficial owners. The aim is to ensure decisions are made in a way that reflects both cultural values and legal requirements. There are a lot of challenges that often arise with Māori trusts and their governance however. Whether you’re setting up a new trust or reviewing or wanting advice regarding an existing one, our team can help you navigate the process, issues and options so you feel confident with this and how you can best contribute to the trust’s future direction.

Key Responsibilities

Trustees bear significant obligations, both under Te Ture Whenua Māori and general trust law. They are required to act and make decisions in the best interests of all beneficiaries or beneficial owners, maintain accurate records and follow the trust deed, order or Marae charter. They must also keep lines of communication open, engaging with beneficial owners and beneficiaries so that they can provide feedback and decisions can better reflect a collective vision. If you are unsure about your legal duties as a trustee, what direction the Trust should take given the various complexities, or believe the trustees are not fulfilling their responsibilities, Harris Tate can offer expert advice and guidance, clarify your options and assist with taking whatever action is needed.

Governance and Compliance

Strong governance is crucial to the success of any Māori trust. This includes holding regular trust hui (meetings), accurately recording discussions and decisions, communicating effectively with beneficial owners and complying with any legal requirements, including within the trust deed, order or charter. We can assist with drafting or reviewing trust deeds, orders and charters, and advising on notice requirements and voting processes. By ensuring good governance and compliance is promoted and proactively pursued, you will reduce the likelihood of disputes and help maintain a healthy, transparent trust environment.

Resolving Disputes

Even well-managed trusts can experience disagreements about asset management, land use, beneficiary entitlements, or trustee conduct and we can also provide advice and assistance when this happens. We will generally start by exploring options for resolution, including via negotiation, mediation or other alternative dispute resolution methods, to preserve relationships and hopefully find a mutually beneficial solution. However, if an issue remains unresolved, guidance from the Māori Land Court and/or an ultimate decision by the appropriate court may be necessary. Our team will represent your interests, working to achieve the best outcome in all the circumstances, with tikanga Māori in mind.

Talk to Harris Tate

Māori trusts often play a vital role in managing collective assets and safeguarding whenua and other taonga for future generations. At Harris Tate, we provide clear and pragmatic advice to assist you with setting up, managing, or resolving conflicts within a Māori trust – helping you navigate the various complexities that often exist in these spaces. Contact us today if you need assistance and together we will work towards identifying and pursuing tikanga-based, pragmatic solutions so that you can move forward with clarity and confidence.