Ara Whenua

Licence to Occupy (LTO)

A Licence to Occupy is an agreement with the owners or authorised trustees giving a person defined permission to occupy part of a block on agreed terms. It is not ownership, a lease or a Court occupation order.

1 What this means

An LTO sets out who may occupy which area, for how long, for what use, what each side must do, and how it ends. Its strength depends on the authority of whoever grants it — usually trustees acting under a trust order, or the owners.

A qualifying licence or lease is the tenure accepted for Kāinga Whenua home loans, which is one reason many whānau building homes use an LTO.

2 What still needs checking

  • Who has authority to grant the licence (check the trust order or owners’ decision)
  • The defined area, ideally on a plan
  • Term, permitted use, rates and outgoings, and how it can end
  • Whether Court requirements apply to your proposed licence
  • Lender requirements, if you plan to borrow

3 What you can do next

Confirm who can grant the licence, then start from one of the two LTO templates with a Māori land adviser or lawyer.

Forms & templates for this

Check the latest version on the Māori Land Court website before filing. Templates are starting points, not official Court forms.

Official sources

Last reviewed 13 November 2026. General guidance only — not legal, financial or building advice. Court, lending and building decisions remain with the relevant decision makers.