A woman recently contested succession orders regarding her grandparents’ Māori land interests, which did not recognize her as their whāngai child.

Understanding Whāngai

Whāngai is a Māori tradition where children are raised by relatives or other individuals instead of their birth parents. This arrangement can be either short-term or long-term, and the whāngai child often maintains a relationship with their biological parents.

Legal Context

At the time the original succession orders were issued, Te Ture Whenua Māori Act allowed individuals to will their Māori land interests to their whāngai children. The Court also had the authority to determine a whāngai child’s entitlement to succeed to land interests.

Case Background

The woman in question was raised exclusively by her whāngai parents from a young age. Upon their passing, the succession orders named their children who would inherit their Māori land interests. Although there was provision for whāngai children in the list, the woman was not included and therefore did not inherit any land.

Court’s Decision

The Chief Judge of the Māori Land Court reviewed the case to determine if any errors were made in the initial orders. The Judge considered evidence from tikanga experts of the iwi to which the whānau belonged.

The Court concluded that despite the woman being recognized as a whāngai child, she was not entitled to succeed to her whāngai parents’ land interests. The iwi’s tikanga dictates that whāngai children can only inherit if the deceased’s biological children or the whānau agree.

In this case, the whānau did not support her claim because:

– Other whāngai children also did not succeed.

– Her whāngai parents’ Wills did not provide for her to inherit Māori land interests.

– She is likely to succeed to her biological mother’s land interests.

Outcome and Advice

The Chief Judge amended the initial order to acknowledge the woman as a whāngai child but confirmed she was not entitled to inherit the land interests.

This case highlights the importance of explicitly including whāngai children in Wills if they are intended to inherit Māori land interests. Legal advice is crucial when drafting such Wills to ensure clear succession plans.

Recent Legal Amendments

The law regarding whāngai succession has been amended in recent years. For those with Māori land interests, consulting with experienced legal professionals is essential. Leading law firms offer fixed-price Initial Consultations to help clients understand their options quickly and cost-effectively.