1 What this means
An occupation order is a legal arrangement connected with the whenua — more than informal permission from whānau. It defines who may occupy which part of the block, and it can later be amended, cancelled or reviewed.
It is one of the main pathways to building a home on multiply-owned land. The other common pathway is a Licence to Occupy agreed with the owners or trustees.
2 What still needs checking
- That you are eligible to apply for the land concerned
- The proposed site and how it will be defined (a plan or sketch, and possibly survey)
- The views of the other owners and any trustees
- Existing leases or arrangements over that part of the block
- Lender requirements: Kāinga Whenua loans do not accept an occupation order as scheme tenure
3 What you can do next
Talk with the owners or trustees about the proposed site, then read the Court’s occupation guidance before preparing Form 40.
Forms & templates for this
- Form 40 — Application for an occupation orderApplies for an occupation order over a defined part of a block — often a house site. Open Form 40 — Application for an occupation order Download Form 40 — Application for an occupation order
- Template 5 — Defined Occupation AreaDescribes and records the exact area someone will occupy, ideally with a plan. Download Template 5 — Defined Occupation Area
- Template 9 — Access Order Evidence ChecklistA checklist for gathering evidence for an application about legal access, such as for landlocked land. Download Template 9 — Access Order Evidence Checklist
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.
