OMAHA MARAE TRUSTEES COMMITTEE

Transcription

1 OMAHA MARAE TRUSTEES COMMITTEE Minutes of The Annual General meeting held at Omaha Marae, on Saturday 10 March 2012 M INUTES: A CTION: 1. He mihi / Karakia : am Vern Rosieur Ka Taea : Laly HADDON (Chairman), Frances AHURIRI (Treasurer),Roi MCCABE (Secretary), Ringi BROWN, Kororia DENNIS, Heremaia ROSIEUR, Christine BAINES, Baden BROWN, Absent - Richard HARRIS 2. Ngä Whakapäha (Apologies) : Ben PAKI, Apologies accepted : Carried 3. Meniti AGM 2011 : Roi McCabe: states that there were no minutes available as there had been no AGM in He also advised the beneficiaries that the Trusts funds were frozen until the new trustees were in place. Advised Hui to respect those standing to speak as we are all descendants of Te Kiripatuparäoa. Also, that the law allows for people to voice their opinion. 4. Rongo Kaiwhakahaere : Laly Haddon - Mihi Laly stated that he had not prepared a written report. Acknowledges the challenges faced. Hopes the hapü can move forward together and support one another. To support the Trustees and the Trustees to carry out their responsibilities to the best of their abilities. 1

2 No questions from the floor. 5. Rongo Kaitiakimoni : Francis Ahuriri Francis: I am the Interim Treasurer. Report as follows: (MAF) Monthly Account Fee (MTF) Manual Transaction Fee (CF) Clearance Fee (CQ) Cheque (Dep) Deposit (WD) Withdrawal Omaha 1 Marae Trustee financial Report (from 31 March February 2012) Opening Balance $12, Income Less 8 April 2011 (CQ) (WD) 26 April (CQ) (WD) 29 April (MAF) 4.00 (WD) (MTF) 1.30 (WD) Closing Balance $12, April 4.00 (WD) Closing Balance $12, June(CQ) (WD) 17 June(CQ) (WD) 30 June (MAF) 4.00 (WD) 30 June 1.30 (WD) Closing Balance $11, July 2011 (Dep) July (CF) 0.50 (WD) 2

3 0.65 (WD) Closing Balance $11, August (CQ) (WD) 31 August (MTF) 0.65 (WD) Closing Balance $11, Sept (Dep) Closing Balance $11, Nov (CQ) (WD) 30 Nov (MTF) 0.65 (WD) Closing Balance $11, Dec (MTF) 0.65 (WD) Jan 2012 (CQ) Mowing $1,200.00(WD) Closing Balance $10, February 2012 (Dep. N' Wai) $3, Balance $14, Advises she cannot determine what the withdrawals are as she does not have access to the cheque books. Roi: Any Questions Chmn : Laly advises that he has the cheque books (present) and appears that those amounts are for Lawn Mowing and Charlie Connelly's tangi. Will give to Francis Redvers MCCABE: Careless that the accounts were not itemised. But if the cheque books can account for those amounts then that s fine. Christine - Question:: We have Sand Money. Any of the sands royalties that have been paid over the years, there's nothing in the Marae report that it ever came here? There's nothing there, is that right? Laly : Nothing in the report. $4,500 was spent on a new road to the Urupä. Christine - Question: When was that sir? There are no receipts in that report as it's within that time frame. Which financial year are we talking about? 3

4 Laly: No, that was 2-3 years ago. The sand Money is Ngäti Wai's. It was Ngäti Wai that called the case. Christine: No we were all there. I have a ruling Laly: This is not the time to discuss this. We need to look at funding.and approach this united. The funding is the full responsibility of the Trustees. Christine: Thank you. I just wanted to know if it (..sand's Money...) was in the report. Laly: No Sand money is in the Treasurer's Report. No questions from the floor Roi: Supports Francis Report. Apologises for lateness of report but only received final bank statement via day before AGM. Finalised report together with Francis late previous day. System to work as follows: the report is ed out to trustees - who are to forward onto their respective families. hope that trustees did forward to whänau Question to Trustees: Did you get the report ed last night? Christine: Can't always open your ed documents. Roi: Advises that books always open. Advises Beneficiaries of process to view books. Call Chairman, Treasurer, or Roi to make an appointment to sit down and view books. Needs to be transparency and there will be. Any questions? Laly: Are our Accounts here? Have you got our accounts for the previous years? Roi: Yes, I have the books and the Accountants report here today on all those past years. Laly: You will be talking on them? Roi: Yes Redvers MCCABE - Question: Why is the bank account frozen. Is it the Banks or Trustees decision to freeze the bank accounts? 4

5 Roi: With Jacquie's passing, from that time onwards we didn t seem to have a Court Appointed Treasurer. I think Mook (Hohneck) may have been acting in that role. Required to have two signees. - one was Laly and one Jacquie. 3-4 weeks ago went to bank and bank advised me that there was only one signee and from that point on the accounts were frozen. Bank advised that they had been remiss in allowing those cheques to clear and that accounts will be frozen. Situation should be remedied over the next week or so when Laly, myself and Francis go to the bank and have signees re-appointed. Laly - Question: How did I pay the bill - you told me to pay it and I paid it. Roi: Bank didn t pick it up until I went and saw them. Laly: He got paid? Roi: Yes he got paid. They have since told me they will not pay out until we take the new signees to bank. Any questions? Greg? Greg MCDONALD: No that s good. Christine - Question: How come we have two signatories and one passes away and the banks still allow it to go through? Sherie WIKAIRA: They don't check all the cheques. They only check if you go and query one. Roi: That s exactly what happened. In regards to the $1200 amount - that was for lawn mowing. Bruce called in some distress as he was going overseas and needed the money, so I called Laly and we agreed to get this paid. Jake is aware of that, so that comes off the committee books (debts). Will ensure from here on out that we have two signees, possibly three. We will talk about that at a later date. Two or Three, does that sound right Sherie? Sherie WIKAIRA: Two. But you can use internet banking. Myra BROWN-TOKO: Not good that the bank allows our cheques to go through with one signatory. This needs to be straightened out before you start putting other people there. 5

6 Laly: It did happen. Myra BROWN-TOKO: Sounds like anybody can do it. Sherie WIKAIRA: To stop that, using internet is they way to go - You have two signatories and you can be anywhere in New Zealand. Say Laly was one and Francis another. Laly could be at his house and do it from there and Francis is at her house. But it wont be released until both of you have pass-worded it. Myra BROWN-TOKO : Not everyone has access to a computer. Francis: What's good about internet banking is that it tells us all exactly what for and where the money is going. That s what internet banking has over a cheque book. It's instantaneous access. Its transparency. Sherie WIKAIRA: You can have different levels of authorisation too. Others can see the transactions but only those selected can have authority to manage account. So at random, if families ask, they can say "oh look, I can show you." Only two people have power to pay. Roi: Any questions in relation to Treasurers Report? Roi: Motion on the floor is that the accounts from 31st January 2011 until 29th of February 2012 are correct. That s the latest one. Laly - Question: That s the latest one? Roi: That s the latest one Christine - Question: But we don t have any receipts for that period do we? Roi: No Sherie WIKAIRA - Question: The ones you didn t know, you now know aye? Francis: Yes Roi: So the motion on the floor is those accounts be accepted. Seconded? Kororia: yes Accounts accepted : Moved : Roy McCabe 2 nd Kororia Dennis Carried U 6

7 Roi: Selection of Kaitiaki for whänau o Taiawa required before we can progress. Break now for cup of tea. BREAK 1107hrs AGM continues Ringi Brown: Advises Hui he is leaving AGM (prior engagement) and acknowledges Jessie Chapman as new trustee for the Kiri Brown Whänau. Also acknowledges the Trustees and Chairman for their hard mahi. 6. Rongo Heketeri - Roi McCABE Roi: Gives background to what has been found and what the Court has said: Most of the Trustees attended Court in November and aware of what the Judge directed. Hopefully most of you have received electronically those minutes. Trustees summonsed to appear in the MLC (Maori Land Court) 22 Nov 2011 as a result of a complaint of the non function of Trustees - Judge Spencer How I came to be back on was that Mook stood up and stated that he was not a Trustee. I was still the Court appointed trustee from six years previously (I was quite upset about that because any mismanagement issues would fall on my shoulders even though I wasn t there and I had submitted my resignation) Advised the Judge that I would take up the position again. As a result, Judge Spencer directed that myself and Christine Baines - who was appointed as an interim Trustee - to facilitate an AGM which is taking place today. I then advised the Trustees that they had to go back and discuss with their families and discuss who their Trustee would be. What we do every three years as per the Charter. That has been done. Roi: Any Questions up to this point? No questions from floor (Roi continues with background) At the Dec 2011 Hui I was appointed Secretary and Francis appointed Treasurer. Asked the Judge to direct the Office Holders to turn over those records for the last six years and the Treasurers records. After much prompting, I received some records from Mook 7

8 but they went only up until 2006 when I resigned as a Trustee. Then I asked Mook where rest of records were - there were none. The report was from records received and that were recovered from different sources. Background concluded. Roi: This report is for the Maori Land Court - Judge Spencer, for him to determine what the state of affairs is within the Trust. Omaha Trustees are the most important aspect of our Marae. They are responsible for the spiritual wellbeing of this Hapü. They are the roots of the tree. If the roots die, so does the tree. If we don t adhere to the TMA (Ture) and the Maori Reservations Act and our charter, then the Trust fails. This was the hardest report I had to write. I have reported the facts as I found them as the Beneficiaries had right to know. Analysis of Secretary's Records: no major problems. Hui on 11th February combined with Committee. There was a Quorum of 5 Trustees present. Legal AGM on 30th July- with accountants report. There was a Quorum - no problems. On that date Mook Hohneck replaced me as a Interim Trustee. I informed Mook that he had to be Court appointed. What the law says in respect of Trustees: - the Case Law interprets the Acts. What the Case Law says was that before you become a Trustee you must be Court appointed. Therefore you cannot make decisions. Is that understood? Jacob - Question: You mean they can't vote Roi? Roi: They can't vote. Francis and Jake's family will remember when Francis and Baden came on, that you were allowed to attend but not vote. Can you verify that? Francis: Yes Baden: Yes Roi: and they eventually became Court appointed. Baden: Yep do you want the back ground to that? Roi: Yep Coming to that. (continues report on Secretary's 8

9 records..) th February - Hui - Four trustees only - no Quorum. Not legal th September - Hui - Four trustees only - no Quorum. Not legal No AGM. Wi Taiawa whänau that has been remiss attached to the Minutes were the appointment consents for Melanie Gahan and Mook Hohneck, Unfortunately neither of them applied to become Court appointed. Jacob TAHITAHI - Question: Was that their personal responsibility to apply to the Court? Roi: Yes and generally the Marae Trustees would pay the costs which were about $ Vern ROSIEUR - Question : Did they know what the process was? Roi: Mook Knew. I don't know if he passed it on to Melanie. But the Trustees were certainly aware of that process. Vern ROSIEUR: I see that there is a possibility of a hole..(failed to hear rest of Vern's statement) Roi: Sorry I can't answer that. Marilyn OBRIEN-SHEARER: Was there no clear instructions for them to follow? Roi: Yes. At the time I stood down and handed in my resignation - I think Kororia remembers - I told the trustees they had to be Court appointed. I personally told Mook. So he knew. Look, this report was very hard to write, but the Beneficiaries - you people have a right to know - you hold the power. The Beneficiaries want to know where the responsibility lies. I am going through the documents and reporting to you what the examination of the records have told me. Sherie WIKAIRA: Melanie and Mook were voted in by your family? Roi: Yes but then Melanie appears to drift off the horizon at that point. I don t know what happens to her. I can remember a Hui up here where Girly got up and said 'What happened to my daughter's nomination'. Mook answered but I can't remember the response. 9

10 Marilyn OBRIEN-SHEARER: Melanie hasn t disappeared. She is in Australia and has attended as many hui as some of those here. She is still a part of this process. Roi: What I am trying to infer here is that she doesn t appear on the records again other than when Girly stood at a Hui and demanded to know what was done with her daughter's nomination. Christine: Roi, I was at that meeting. Yes, Girly did ask Mook that. I remember Mook stood and said 'that it was whänau business and I will talk to you later'. Nobody at the meeting knew and that was it. Roi: (Continues with Secretaries records) AGM 6th or 7th of June - Accountants report Only four Court appointed Trustees present -no Quorum - Annie BAINES - Question: So there's really six people but only four Court appointed. Roi: Yes (continues.. ) Roi explains Quorum - Hui has to have 5 trustees to be legal Hui. The 2008 AGM minutes reveal that the nominations were accepted for Trustees for each of the whänau. Acceptable. Mook and Kevin O'Brien were accepted as interim Trustees for the Wi Taiawa whänau. Neither of them applied to the Court to be Court Appointed Trustees. There was an Agenda on file for an AGM for the 11th November but no minutes. Don t know if a Hui took place. At that time -DIY took place. approx. $37,000 expenditure. Marae DIY - I have no criticism of that at all. The problem is that there were no minutes in existence where a Quorum of Trustees have approved the expenditure. That s serious. The expenditure itself is not a problem. We have a beautiful Marae. Where is the legal aspect of the minutes and the Quorum authorising that? No receipts for expenditure Accountant report. Everything appears to be okay. No other records available for that year. No AGM in Accountant report dated 27 September - that s good no other docs available what-so-ever. 10

11 Appears no AGM was held Accountants report - that's good Legal Quorum for 6th May AGM documentation for this hui not available - had to source from outside. Shouldn t have to had done that Mook and Kevin O'Brien present at Trustees meeting in their capacity as Interim Trustees. Mook appeared to be acting as Treasurer. The minutes record that he was assisting Laly. Analysis of Treasurers Records: Did not get Francis to go over these because it took me a long time to find anything. This is what was found: Laly advised that Mook had possession of all relevant documentation. When I spoke with Mook, he said that Laly had them. Laly did not have the records. TO DATE: There are no Treasurers documentation whatsoever. No Receipts - nothing - all gone. What was handed to me was half a dozen bank statements covering a number of years. I contacted Rick Middleton - Accountant - and obtained the Accountants Reports for all those missing years. So at least we had something to go by. Shame that all the receipts were missing. Roi: Jessie. When I was working with Jacquie, she kept good records. I knew she had all the receipts. I really miss your mother. She did a great job as Treasurer in those days. (continues.) 25th November - saw Laly - Laly advised that he would see Mook about the Treasurers records I contacted Mook - advised that he would hand over the records at the Hui on the 11th of December. 11th Dec Hui - I did receive the records - but nothing in them other than the bank statements. An Accountants Report for those years reveals this: Year ending 31st March the accounts were in surplus $48, Year ending 31st March the accounts were in surplus $38, Year ending 31st March the accounts were in surplus $6, DIY. Year ending 31st March the accounts were in surplus $10, Year ending 31st March the accounts were in surplus $16, Year ending 31st March the accounts were in surplus $17,

12 As of 29th February the final figure Francis? Francis: $14, Roi: Laly, what I found was that the year , we were supposed to receive a Ngäti Wai Grant. I got on the phone to NW and have since received that grant of $3,000+. Concludes Examination of Secretary and Treasurer's records. Roi: Summary of Problems: No AGMs in 2007 & 2009 & No Hui with Marae Committee except that one mentioned. Jake advised in 2011 problem getting a response from Trustees for Hui request. Is that right Jake? How many times did you make a request? Jake: That sounds about right. Two or three times. (Roi continues ) Trustees not adhering to the Acts and Charter. Those Acts came in place some years ago. Before we were (born?) and have been amended over the years. The old people used those Acts to make submissions to parliament. The Turi Whenua Maori Act, Trusts Boards Act, Maori Reservations Regulations. Trustees must adhere to the law. This is the reason why we have problems. Some say the law is 'rubbish' but our old people used these systems. (cont ) Hui being held without a Quorum Some trustees not being notified of hui. Incomplete Secretary's records 2006 onwards - no Treasurers records. Interim trustees not being Court appointed from and in breach of s22 and s23 of the Maori Reservations Regulations Wi Taiawa whänau is remiss here. Activities on the reservation not authorised by a quorum of Trustees in breach of the Regulations and Marae Charter (ie; alcohol on the Marae). The Act says - When using the Marae, there must be an application in writing to Trustees outlining purpose of use etc. Then Trustees (with a Quorum) will accept or deny the application. Sherie WIKAIRA - Question: Do we give (application) to Trustees? 12

13 Roi: Give the application to the Booking Officer - Cherie Williams. Cherie then passes onto the Trustees. The issue here is alcohol on the Marae but this is not the time to debate that topic. At a later date when the Charter is discussed. Various people have ideas on that topic. Law is to protect the Beneficiaries You ( beneficiaries) have to tell us what to do. If you don t like us, replace us. Acts and Regs are there for Beneficiaries Protection Why are they there? - to stop mismanagement. Conclusion: Trust has been mismanaged. Recommendations for the Court have yet to be written. This report is for the Judges eyes only. He will make the final decision. Judges options: Trustees go through and be appointed Removal of old Trustees (by the court) Hold the Office Holders only accountable Interim Trustees to be summonsed to Court in breach of s22 & s23 of the Maori Reservation Regulations Roi - question to all: You tell me what to do - what are your recommendations? No replies from floor Roi: (Summary of report concluded). Trustees to respond. Laly: Let me respond first. I feel the responsibility of your report. I accept full responsibility. I do not have it in me to continue any longer. Today I take this opportunity to withdraw from the Trustees and nominate Myra as my family representative. (Laly leaves Hui) Trustees Response: Kororia: Been a Trustee forever. Have attended as many meetings as there have been. Represent the Dennis Whänau I take on the responsibility But all of us are responsible. I have been sitting on the Marae Committee as a member of the Trustees and haven't had a Trustee committee to report too. That s been my responsibility. 13

14 Cant report to something you don t know is there. I felt that I have been the only Trustee that s been there yet I know there have been other people around me as well. All to blame for demise of the Trust. Everyone sitting here is also to blame. All have a responsibility Felt I have been working in the dark - sure others feel the same. We don t automatically know what we are doing Expect you to keep us honest. Heremaia: I feel the same. In the past, I haven't been notified of Hui - so therefore neither has my family. Can only do what we can. Its not power and who has done what. It's about our children. I have nothing to gain from it. Back in the day we only started off with four families. Had six Rangitahi and six confirmed Trustees. Court turned us into 12. Our family has never gone out of its way to be greedy. I will take offence to anyone who says that Roi: Want to support what Kororia said. We are all to blame. Maori have a bad habit when they get höhä, they walk away. So they vote with their feet You must attend to keep Trustees under you finger. Francis: Had to meet with own whänau to explain why I haven't been able to tell them anything. A lot of things I have been totally unaware of. I came into this not knowing anything. Feel like I haven't progressed very far from that point. I looked to others to guide me. Leant that I do have a responsibility. Take on that responsibility. It's all of our responsibility. Not been easy. Lots of things that I felt I needed to question. I have got no answers for (those) It's not a nice place to be in that situation especially when you know you are representing a whole lot of people. You're supposed to be standing there to do that. You can't function when you don t know about things. Hopefully at the end at this we can appoint the Trustees 14

15 and move forward. Baden: Francis and I elected at the same time in Representing the Timi Paräone Whänau. Believe that selection was based on us being honest and reliable. From day one - we had dispute amongst our own family. Not a good place to start from. We had to go through multiple Court processes over a year, just to be acknowledged. We were attending meetings because Roi and other Trustees wanted us to learn the processes. Neither of us knew anything about committees. So we were just the 'ears' of the meetings. Didn t achieve anything and didn t feel we were a part of it. When the Court did acknowledge us, we still didn't feel a part of the process. Starting to feel divorced from it and started dropping meetings. expecting next election would bring new trustees but sounds like that didn t happen. Wasn t any real constructive work going on within the committee? For those reasons, I have given a notice to Roi that I am standing down as a Trustee. Christine has been elected into that position. Until we have another I believe Francis is going to fill that role. Do feel that someone should have their heart in it and bring something to the table. Its more a commercial operation running Trusts these days. Not like in the old days. Got to have everything on paper. Hope the new Trustees take in what has been said today. Heremaia: Talking about Trustees. Laly - part of the marae - before the stone in the ground. Some acknowledgement needs to come from this Trust. Need to Tautoko that man. Been part of this whenua from start. Angry that he walked out like that. Christine: I want to read what I wrote to the Judge which a lot of you have anyway. This is to answer your question 'how come we are before the Courts' (summarised from document points only) No minutes for meetings by Trustees No attendance records. Trustees who have resigned or passed away have not 15

16 been replaced during the last 3 years. Terrance (Mook) Hohneck told the iwi that he was a Marae Trustee for Omaha and for a time was taking his place on the Trust and passing motions at the Omaha marae Trust meetings. The chairman of the trustees Laly Haddon allowed this to happen. All the resources were removed form the Marae over to a Moko Charitable Trust Board (Manuhiri Omaha Kaitiakitanga Ora - MOKO). All this was done through a Ngäti Manuhiri Deed of Settlement. The negotiators for the Waitangi claim are (1). Laly Haddon - Chairman of the Omaha Marae Trustees / Chairman Ngäti Wai Trust Board / Negotiator representee for Manuhiri/Moko Trust. (2) Terrance (Mook) Hohneck - Moko representee/manager / (Interim) Omaha marae Trustee. (3) Peri Watts MOKO Representative / Negotiator / Te Uri O Hau / Ngäti Whätua. $650,479 was received from Crown Forestry Rental Trust. Website: for what? The people do not know. I ask that an audit be carried out on behalf of my whänau The MOKO Trust is made up of 5 Wi Taiawa members all Trustees. Wyvern Rosier, Heremaia Rosieur, Moana Rosieur Sherman, John Chand Wi Taiawa and Terrance Hohneck. Meetings have been taking place at the Moko Trust office. (Have info received under the Official Information Act) I believe that all negotiations should be halted. Trustees that belong to both Trusts should be stood down - even negotiators, because of conflict of interest Danger of loss of assets and independence identity. The assets belong to the Marae and the people and future generations.(christine finishes reading letter) This is the letter I gave the Judge and I gave everyone present at the hearing a copy. The Judge read the letter. Nobody said anything. Why? Mook stood and told the Judge 'My Kaumätua put me here, that s why I'm here'. Because nobody said anything, it made the Judge believe what was on that letter was right. The Judge then said 'I'm not going to do anything today Mr Haddon, you are the Chairman, I'm not removing you. You are to call a Hui - a re-election of Trustees and then you can come back. He re-instated Roi 16

17 Allowed me to come back in. My Korero to the family is this: The Judge doesn t want to remove anybody. But he has put it back in your hands. It's your job to elect worthy people. You have the chance to change things. If it doesn t work at whänau level, then it will be changed at Hapü level and if it's still not right, then it goes back to the Judge. We have been given all a chance to get it right. But if we don t, then he will. Judge doesn t want it in his Court to be recorded forever in Minutes. Those minutes tell our history Our 'linen' is going to be hung out in public. So all of us have to be responsible for the Trustees we elect. We have to put it right ourselves. I think it had to be said Roi: As said before, everyone has a right to speak. You may not agree with them, but they still have a right to speak. Before the change of Trustees, I'm opening the floor for anyone to speak Marylyn 0'BRIEN-SHEARER: In response to Christine. I would like to state as a professional of many years that I find that Christine has just misrepresented Judge Spencer. Be careful about what you told about what goes on in a Court of law. Does not feel that this is a fair representation of Mook Hohneck or Laly Haddon. Can't believe today that a Rangatira has walked out of here I have just been elected on as a representative for the Wi Taiawa family and have no confidence in the setting up of this Board. I have invested a great deal in my four years here. We are standing on the verge of a new beginning. I'm disgusted and I have a vote of no confidence Vern ROSIEUR: (Mihi) Thought we were here to have Trustee Elections I will not be called a thief. I have not taken one cent out of this place here. I don't agree with you Roi when you say that this is the only body that sits over / has claim here. There's a thing called a Taumata We all need to get our heads around Tikanga This all was created by our Old People, not by this Trust. 17

18 Our old people would call a Hui and they all came from every whänau They signed their name to give me authority to speak on their behalf. Not anybody else, me. That document is still here today. I remember a lawyer calling me, asking me to give that mandate to somebody else. I wouldn t do it. The only way is through those old people. This thing with the Treaty claim (..) has been driven totally by your Tupuna. I am only here to look after my people and fight for my people. I will die for them. Will not have people going round sticking the knife in me and not telling me to my face. Don t take me to Court and then walk up to me and say 'How are you?' I can't be held responsible for individuals and what they do. I know where I come from and I am disappointed this has gotten out of hand. Where here to elect Trustees. When things go down, he is the first person at your door. He is the first person to reach into his pocket and give you the money that you need. He may not get things right but we don t have to pull the man down like this. He is sick and people are out there rubbishing him. It's got to stop He is our Rangatira. Let's think about our old people. The people handed it over to Jake and I to create that group. We created it, went through the process, till the end. You all attended Hui through that process. Held to Crown Law to make sure it was right. Don't rubbish the old, cos that's where we come from. Broke my heart to see (Laly) leave like that. Roi: Yes we have deviated - but everyone has a right to speak. Sherie WIKAIRA: We are here to elect Trustees. The blame on us as well We could have helped more. Maybe in the future, we can help. Christine: To finish, there is sand money. It does belong to us. We need it. Our Marae needs it. We are in debt. We need it to prop our Marae up. 18

19 Vern ROSIEUR: You are the Trustees, do it. Christine: I'm letting the people know. Myra BROWN-TOKO: My father is James Kiri Tenetahi BROWN, known as Tom BROWN. Don t normally attend. Hurts me to hear these things and Laly. But we have to be realistic. For anyone to stand down they have to submit it in writing and go to Court. You can't just say I resign as Chairman and hand it over. Things have to be done properly. We need to start now. Stop blaming Stand up and make a difference, be a whänau. In future, as much as I can, I will support my family. I have learnt quite a bit today. Never really took any notice before. When I came to the Marae, I wondered, where was the protocol? The things that I expect to happen are not happening. I would like to be here whenever I can. Baden you are not a wrong choice. Jake TAHITAHI: (Mihi) Acknowledge the Trustees Acknowledging the new ones, Jessie - remembering your Mum. To remember the old ones This has aged me. At the moment I am doing a lot with Käpähaka and that is heavy stuff. We are shaped and moulded by our experiences. There is a dynamic within our whänau that we all have to acknowledge that s come from a whole lot of history that s come from all our families. I want to acknowledge certain things. When I felt the need to run away, I always had the hope that change was coming. There is a change coming. This is not a forum for those things Christine, but I acknowledge those things you are saying about the funding coming back to the people. But the funding is coming back to the people Vern was given the mandate a long time ago. There are some things in that process that I don't agree with, however I support everything else Laly pisses me off a lot of the time, but how can I stand 19

20 and talk with all the work he has done. There are things that I have disliked. But that is tested to by things that have happened in my family. But it's true what Vern said, he was the only man to progress our Treaty Claims. There was no one else. He has come from another time. I want to acknowledge the histories in our families and between our families. There is an opportunity for a fresh start. But only if we put aside our differences I hope for that change and look to the new ones like Jesse. I feel old and worn out by it all and been in it for too long. If the Trustees don t know what they are doing, there are courses for that. This requires a cohesive agreement amongst all our people Families - your job is to support your Trustees. Trustees - your job is to be their mouth piece. If there is ever a time to do that, this is the time. I am still hopeful At the end of the day, I don t care about the money Marae is first But the money helps. But we need Transparency and trust and if people feel that they can see what is going on, and it's all online, then that s what it's all about. As the Chairman of the Marae Committee for some years - we have been struggling. If there's one thing we need to never forget is that the Marae is the embodiment of our people. If we can't look after our Marae, then we can't look after anything. There is a lot of pressure on the Marae. We are financially struggling and we have some demands on us that need to be addressed. Need to work with the Trustees. Greg MCDONALD: Acknowledges Laly and respects him. Should have acknowledged Laly first We are the beneficiaries of this reservation. Acknowledge my family, about 20 of us here. Our voices need to be heard. Our Trustees are the only ones that have the jurisdiction to get these things right. Accountability is very important, Accountability to the Beneficiaries The only avenue we have at the moment is the Maori Land Act. 20

21 The other way is the Attorney General. We have a Judge that might include us in this process. Supports Christine, except the sands thing The Trust that Marilyn is in - the Ngäti Manuhiri Settlement Trust, there's only three of them on that Trust. It's a private Trust I would like to see each family represented on that Trust too. Like we are here on this Trust. So we are all covered. All the descendants of Rähui should be represented. Why should it be you guys? We want full proper equal representation on this Marae. Why should it be the elite of three people? That's why we are all disappointed I want a motion put forward today at this AGM Vern ROSIEUR: Sorry mate you can't do it in this forum. Stick to the Kaupapa. Greg MCDONALD: I just want my chance to talk. If we can't sort it out now, then we will sort it out then in Court. I'm bringing out the truth. (Some raruraru) Roi: Taihoa, Let everyone speak. Keep to the point Greg. (To the beneficiaries) This is one of the few times people can speak, so let them speak. Greg MCDONALD: The Judge said we are to patch it up. I don t want my möko's to ask me 'What did you do about it?'' I want to see change You've got structures out there with only three people on it. There's a new Trust coming - Manuhiri Kaitiaki Charitable Trust You want to be a part of that? How do you get the people for that? How do you form it? I don't believe in postal ballots - we go back to our families and get them to decide - that s how it's done. Couple of Trustees here who missed out because they missed the deadline - it's Roi and someone else That s not the way - it has to be a fair and even process. Like it is here today. Acknowledge Baden and Francis I just want some changes and be included. It's been a good meeting. 21

22 Te Ao ROSIEUR: Grown up here, been to a few Hui. Taught to look at people through my own eyes. Seen a lot in my time. Don t cut your nose off to spite your face. Our Rangatira is here to lead us I'm here with my Dad to elect Trustees only. Need to stick to Kaupapa. It seems its all going to be transparent with the next Trustees which I am really rapt about. Tikanga is a big thing A lot of things our Marae doesn t have We operate on the Päkehä side but we must remember our Tikanga. A lot of Hui we don t have the whänau here to Tautoko. Would be good to see that change. You have to be submerged in it to understand it. We have a lot of issues out there with other iwi trying to come and claim what is ours. We are a small hapü and need to band together. I hope that those two who are going to speak for the Wi Taiawa Whänau will have the courage to lead us into the future. Peggy RANGI: Want to acknowledge Roi's report - very factual. Acknowledge Myra and what happened today was big Something to be done from the Trustees to acknowledge that. (Laly) There is confusion - but makes us move on Trustees will be our engine I will stand up and not be to scared to say 'Hey Guys come on' Acknowledges Myra - not easy for somebody to take on that mantel. This makes us stronger. You have always been here on this land. I remember your mother putting the spade into the land here - photo here. Acknowledge Laly's mother and sisters. Without them he wasn't as half as he is good now. Because they were everything that Laly wasn t. Good things to come. Cherie WILLIAMS: Feel mäï mäï for our Kaumätua. Brought up when Uncle Sam was alive and was very close to him. Really watched Uncle and admired him in his ways. As I have grown, he has always respected us and our opinions. I would like him to be acknowledged. Lovely to see all the Whänau here 22

23 Will support our new Trustees. About laying good foundations for the future. Redvers MCCABE: I had no idea what was going to happen today. Some things have disturbed me. Roi's report - don t blame him for that report. He is an experienced police investigator and he's got all the facts that were possible to get. It s a wake up call for all of us - particularly the Trustees. I believe each of the Trustees are good people and have done there best. They may have been groping around in the dark most of the time. They had no direction - and that was our fault. Hopefully there's no more resignations Let's get these Trust members elected. Lets just pull together and move on Lorraine HOTERE: Heard of all this growing up as a child. Nothing seems to have changed. What's happening here is wrong. Need Transparency Let's get Trustees elected and move on. Its not about one person - it's about the whänau. I'm here for my mother. Hopefully in a couple of years we will be out of this financial crisis. 7. Ko te poti o ngä Kaitiaki (Election of Trustees) Roi: Can we move on now to appointments. Technically, the Trustees stand down now for this process. Redvers MCCABE to chair. I will assist him with the documents. Redvers MCCABE: Calling for nominations Have nominations in writing here. Can't receive any further nominations as there is a seven day limit on that. First is the resignation from Baden Kiri Brown Christine Baines has been nominated and has accepted the nomination as one of the two representatives for the Timi Parone Whänau. (Christine signs acknowledgment) As Christine was the only nominee for the Timi Parone Whänau, Francis Ahuriri remains as the other Trustee. She has now been re-elected. Francis: I have put myself back in there with the very clear 23

24 understanding that it is only until we have a family meeting and someone else can step in. Roi: That s recorded in the minutes. The process is that the sitting Trustees remain in place, the Court appointed ones unless they replaced by their whänau. As is the case with Francis. The new appointed Trustee for the Timi Parone whänau is Christine Baines. Redvers MCCABE: Kevin O'Brien from the Wi Taiawa family has nominated Marilyn O'BRIEN as Trustee. (Marilyn O'BRIEN-SHEARER signs acknowledgment) Redvers MCCABE: I am the representative for the Ngäpeka Wi Taiawa whänau. I nominate Roi MCCABE as a Trustee. Nomination from Donna MCGRATH from the Roi Wi Taiawa Whänau - nominates Roi MCCABE. Nomination from Edward NOCK from the Christina Wi Taiawa whänau nominate Roi MCCABE. Roi: That deals with the Wi Taiawa nominees. Redvers MCCABE: Nomination here from Josephine GOSSAGE from the Kiri Whänau nominates Laly Haddon. Laly had at the time accepted that nomination but unsure where that stands. Sherie WIKAIRA - Question: Has he resigned from the Trust or just the Chair? Roi: No he resigned from the Trust. Redvers MCCABE: Nomination from John Paki from the Kiri whänau, nominate Benjamin Paki. Ben Paki has accepted that nomination. Roi: At this stage Laly has resigned but we need a letter of resignation from him. Myra I will leave that with the Kiri family to sort out. At the next Trustees Hui, you will give us a decision on what happens. Whether you have a new one in or whatever. Peggy RANGI - Question: Can I nominate her today. Roi: No - it closed seven days ago. Christine Baines: It's very important because Ben is in Wellington and he never comes. 24

25 Redvers MCCABE: Nomination from Jason Harris from the Harris Whänau, nominates Richard HARRIS to one of the two Harris representatives. Roi: As Dick Harris is a Court Appointed Trustee, he is still a Trustee. Redvers MCCABE: Nomination from Richard Harris from the Harris whänau, nominating Teina NIMMO. (Teina not present) Nomination from Ringi Brown from the Ringi Brown whänau, nominate Jessie CHAPMAN. (Jessie signs acknowledgement) Roi: As Ringi is still the sitting member, he is still the other Trustee. Redvers MCCABE: Nomination from Cherie Williams from the Dennis whänau, nominating Kororia DENNIS. Roi: Anyone else? Move on Jake TAHITAHI - Question: Who has been nominated? Roi: The nominations are: Christine BAINES & Francis AHURIRI - Timi PARONE whänau Ben PAKI & other to be apt - Te Kiri Whänau Roi MCCABE and Marilyn O'BRIEN-SHEARER - Wi Taiawa whänau Claudia DENNIS - Dennis Whänau Teina NIMMO and Richard HARRIS - Harris Whänau Ringi BROWN and Jessie CHAPMAN - Brown Whänau 8. Whakatüria äpiha (Appointments) Roi: Can the Trustees come forward to make appointments (office holders). Six Trustees are present. First is the appointment for the Chairperson. Any nominations? Francis: yep - nominate Roi (Nomination for Roi from Francis AHURIRI) Nomination 25

26 Christine: (Seconded by Christine BAINES) Roi: I nominate Kororia for Chairman Kororia: Do not accept Seconded Nomination Not accepted Laly HADDON nominated by Marilyn OBRIEN SHEARER Seconded by Jessie Chapman. (Laly not present) Discussion held to put off election of Chairperson until official resignation is obtained. Motion by Frances to elect office holders at next hui Seconded by Roi Passed Nomination Seconded Passed 9. Etahi atu mahi: no other business. Discussion held about acknowledging Laly for what he has done. 10. Hui o muri atu: Next meeting of the Trustees to be held Saturday the 17 March 2012 at 10 am with Marae komiti. (special hui) Korero whakamutunga - Vern Rosieur Meeting closed with no further business at 1.17pm Chairman Signature Dated Secretary s Signature Date 26