MLC Form 38A - Application to Remove Trustee for Reason Other than Resignation, Retirement, or Death - Instructions

Sep 16, 2026

Uploaded by Anda

Application to remove a trustee of specific Whānau Trust, Kaitiaki Trust, Ahu Whenua Trust, Whenua Tōpū Trust, Pūtea Trust, or Māori Reservation, for reasons other than resignation, retirement, or death. The form guides completion steps, required supporting evidence, notice obligations to the trustee, and filing with the Registrar in the district where the land is located. It also collects trust and block details, applicant contact information, hearing preference, signatures, and required checklist documents.

LanguageEnglish

CategoryForms

FormatPDF

Pages3

Reading Time1 min

AccessFree to download

What is this form for?

How to file and complete this application form

Subject of application

Details of change to trustees

Preferred place of hearing

Signature(s) of applicant(s)

Contact details

Checklist of documents required

Māori Land Court contact details

|
Form 38A
Rule 12. 8(3)

HE TONO KIA TAUWEHEATE TARAHITĪ I RUNGA ITĒTAHI TAKE ITUAATU I TE RĪHAINATANGA, TE WHAKANGĀ, TE MATE RĀNEI
APPLICATION TO REMOVE TRUSTEE FOR REASON OTHER THAN RESIGNATION, RETIREMENT, OR DEATH OF TRUSTEE
Te Ture Whenua Māori Act 1993
Section 240
For more information visit www. mā[orilandcourt.govt.nz](orilandcourt.govt.nz) RESET FORM

WHAT IS THIS FORM FOR?
Use this form to remove a trustee of a Whānau Trust, Kaitiaki Trust, Ahu Whenua Trust, Whenua Tōpū Trust, Pūtea Trust or Māori Reservation.

HOW TO FILE AND COMPLETE THIS APPLICATION FORM
(i) This form must be accompanied with the appropriate application fee and can should be filed with the Registrar in the District in which some or all of the land is located;
(ii) Please ensure that all information required on the form is completed;
(iii) Where tick boxes are provided please ensure you tick all those boxes that apply to your application, unless you are required to select one box, then only select the box that applies;
(iv) If there is insufficient room on the form to provide all the required information you should continue your application on a separate sheet of paper;
(v) Additional information – in addition to completing this form, if the application requires you to provide further information you must include all documents, information or evidence you wish the Court to consider; and
(vi) Comply with the requirements set out in the Checklist at the end of this form.

Office use:
Application: ACCEPTED / REFUSED
Dated: Signed: ............................................................................ Name:
Designation: .................................................................. | | | | --- | --- | --- | | Page 1 | For more information visit www.mā[orilandcourt.govt.nz](orilandcourt.govt.nz) | MLC 07/26-38A | | ITe Kooti Whenua Māori o Aotearoa The Māori Land Court of New Zealand
Please select the name of the Māori Land Court District in which some or all ofthe lands ofthe trust is located
Please select one District Taitokerau Waikato-Maniapoto Waiariki Tairāwhiti Tākitimu Aotea Te Waipounamu | | | | --- | --- | --- | | SUBJECT OF APPLICATION Name of block(s): | | | | Name of trust: | | | | APPLICATION:
I/We*, [full name{s}], | | | | apply to trustee† for reasons other than their resignation, retirement, or death.
†If more than 1 trustee is sought to be removed in relation to the same trust, only 1 form is required to apply for all those trustees to be removed.
DETAILS OF CHANGE TO TRUSTEES
The trustee to be removed is: Name: Reason for removal:
______________________________________________________________________________________________________
Select the statement that applies.
The trustee to be removed has been notified of this application by [specify details of the notice given]: | | | | The trustee to be removed has not been notified of this application because [state reason]: | | | | Note: If a trustee is to be removed, the Court requires an applicant to notify the trustee of the application for removal unless good reason can be shown for not doing so.
I/We* attach evidence (if available) of the reasons for removing the trustee. | | | | Page 2 | For more information visit www.mā[orilandcourt.govt.nz](orilandcourt.govt.nz) | MLC 07/26-38A | | PREFERRED PLACE OF HEARING:
SIGNATURE(S) OF APPLICANT(S):
Print name:
Signature: Date:
Print name:
Signature: Date:
CONTACT DETAILS [address to which documents or correspondence in connection with the application may be posted or delivered]
Contact Address: | | | | | | | --- | --- | --- | --- | --- | --- | | PHONE NUMBER(S):
Home: Work:
Mobile: Email:
(Where email addresses are given these may be used as a means of notice and service)
Fee: $ 70.00
Note
Information provided in all applica

FAQs

What is MLC Form 38A used for?

It is used to apply to remove a trustee of a Whānau Trust, Kaitiaki Trust, Ahu Whenua Trust, Whenua Tōpū Trust, Pūtea Trust, or Māori Reservation for reasons other than resignation, retirement, or death.

What must applicants include when filing this application?

The application must be accompanied by the appropriate fee and include all information required on the form. If further information is needed, include all documents, information, or evidence the Court should consider, and comply with the checklist at the end.

Does the trustee need to be notified, and what if they are not?

The Court requires the applicant to notify the trustee of the application for removal unless good reason can be shown for not doing so. The form requires either notice details or the reason for not notifying.

Sep 16, 2026

Uploaded by Anda