Licence to Occupy (LTO)
Te Kāinga ki runga i te Whenua
He kupu whakataki | Overview
A Licence to Occupy (LTO) allows a shareholder of Muriwhenua Incorporation (or their whānau trust) to occupy a defined site on Incorporation managed whenua for residential purposes, while the land remains in collective ownership.
LTOs are one of the ways the Incorporation has historically enabled whānau to live on ancestral whenua, while balancing kaitiakitanga of a finite land base, fairness between whānau and generations and the Incorporation’s legal and regulatory obligations.
LTOs have been managed by successive Committees of Management since the 1980s, with eligibility criteria and conditions changing over time.
He aha te LTO? | What is a Licence to Occupy?
An LTO is:
- a personal licence, not ownership of land;
- granted for residential use only;
- typically issued for a 30 year term, with the ability to seek renewal if licence conditions are met;
- not transferable without Committee of Management approval; and
- not a registrable land interest, but is noted with the Māori Land Court.
Under an LTO the:
- whenua remains owned and managed by Muriwhenua Incorporation;
- house and improvements belong to the licence holder;
- licence holder carries responsibility for maintenance, insurance, and compliance; and
- licence holder is responsible for paying annual rates to Far North District Council.
Mā wai e tono? | Who can apply?
Currently to be eligible to apply for an LTO, an applicant must generally:
- be an individual shareholder of Muriwhenua Incorporation or a whānau trust holding shares;
- hold at least one full share in their own name or trust;
- not already own a home in Te Hāpua; and
- meet all eligibility requirements approved by shareholder resolution at AGMs.
Te rahi o te whenua | How much land is available?
As resolved by shareholders a maximum of one acre per original shareholder is available to serve all descendants of that original shareholder. This allocation was confirmed by AGM resolution (November 2020) and is subject to review from time to time. Because the whenua is finite, not all applications can be accommodated indefinitely.
Te tukanga tono | The application process (summary)
The LTO application process is staged and deliberate.
In summary:
- ✅ Confirm eligibility (shareholding and criteria);
- ✅ Submit an LTO application identifying a proposed site;
- ✅ Committee of Management considers the application;
- ✅ If approved in principle, the applicant must complete at their own cost:
- a TP58 sewerage/soakage report;
- a cadastral survey;
- suitable fencing of the site; and
- ✅ Once all requirements are met, the licence is approved for noting with the Māori Land Court .
Applications that are approved in principle but not completed remain incomplete and may be reviewed.
Ngā kawenga o te LTO | Responsibilities of a licence holder
LTO holders are responsible for:
- keeping the site tidy and safe;
- insuring the dwelling;
- maintaining fences and access;
- paying an annual licence fee and a proportionate share of rates;
- complying with all licence conditions; and
- ensuring the site is not used for commercial or unauthorised purposes.
The Committee of Management retains the right to monitor compliance. The Committee of Management encourages all approved LTO holders to advise whānau and the Committee of Management in writing, who they wish their LTO to transfer to, when they pass away, or leave the area. This is to avoid stressful, argumentative disruption within whānau as well as, with the Committee of Management members.
He take nui o nāianei | Why the LTO process is under review
Over time, a number of challenges have emerged, including:
- incomplete or very old applications;
- unapproved or abandoned structures;
- changes in eligibility rules over decades;
- whānau disputes over succession;
- limited remaining land; and
- lack of consistent records.
- update records of approved, unapproved, and abandoned sites;
- inform a wider Spatial and Housing Planning exercise; and
- ensure fairness, safety, and sustainability for current and future generations.
He aha te āhua o nāianei? | Current status
- A dedicated LTO review and clean up process is underway;
- Some applications and licences are being reviewed for compliance and completeness;
- New applications may be temporarily limited while planning work is completed; and
- Shareholders will be kept informed as updated policies and approaches are confirmed.
He mea nui kia mōhio | Important things to know
- An LTO is not a right, but a licence granted by the Incorporation;
- Commencing works without approval may result in removal of structures;
- Succession planning for LTOs should be discussed within whānau; and
- Climate change and sea level rise risks are acknowledged in LTO agreements.
He tiro whakamua | Looking ahead
The Committee of Management is committed to:
- protecting opportunities for whānau to live on whenua;
- balancing housing need with finite land availability;
- reducing conflict and confusion; and
- embedding LTOs within a wider, planned housing strategy.