Internalising a really complicated situation

Some people have been internalising a really complicated situation in their heads & as a result a really complicated legal opinion has floated out into the ether & is being held up due to the hot air it is emitting.

Tuku Morgan is back to his old tricks again - spending tribal money on legal opinions obtained from - yep you guessed it - the chapman tripp girls & boys.

This time this 'opinion' (price not attached or revealed) focuses on how to screw the 2011 Rules to allow for the resolutions (that relate to HEMI RAU, TOM ROA and MARAE TUKERE) to be of sufficient legal standing to be voted on by 33 compliant Te Kauhanganui Inc marae

People tell us they got a headache just reading the three pages of blurb.  

We too suffered a similar headache.

You see the problem for Tuku Morgan is this: 
the wording of the resolutions simply do not meet the codified requirements of the 2011 Rules.  And if they are not passed it means 6 months must pass before resolutions of similar wording can be placed before TK Inc.

And therein stands / exists the big fat elephant in the room – 
that Tuku Morgan and the kingitanga zealots are steadfastly ignoring. 

Oh dear!

It is important to remember that these alleged incidents (which cannot & should not be dismissed as trivial) took place almost 12 months ago.

In fact there is a serious question to be tried. What the hell are personnel / human resource issues doing before Te Kauhanganui?  

In what way do the 2011 Rules help uncomplicate the nonsense that is being generated?

Rule 15.5.12 allows TAA a discretion where it 'may regulate its own procedure' - BUT it is subject to the direction of TK Inc. And that would need to be BEFORE the fact - not afterwards.

 Rule 16:  'TAA duties & responsibilities is to manage the day-to-day affairs of TKI including its duties & functions as the Trustee of WRLT'.

All three named suspects are 'members of the executive committee' - (yet they all still pretend they are 'board' members). 

Are we all bored by this continuing BS - yes absolutely -

 The continued pretence is deceitful & in breach of the Rules.

Off with their Heads - the Red Queen demands! 

Question: Is managing the day-to-day affairs of TK Inc a matter that should be placed before & voted on by marae members? 

Ah.  No!  

This dreadful lack of knowledge (remember that silly Hui that TOM ROA called?)
 that is separating governance & management  clearly is still not yet fully understood by authors of the resolutions & its aggressive sponsor - interim chair of TK Inc - Tuku Morgan.

These alleged matters (involving three above-named persons & rightly the WRLT people who were at the receiving end of the alleged behaviour) strictly belong in-house under the management of the chief executive Parekawhia McLean. 

This whole mess should never have been permitted to creep like Waikato River fog out under the crack of the door into the public domain.

The documents landing in our mail-boxes this week - show a hideous disregard for the principles of natural justice - not only for the people aggrieved & those who allegedly carried out said actions - but also for fall-out that will occur - publicly - irrespective of the vote.

It is obvious that the so-called 'evidence' has not been circulated which is intended to be provided to TK Inc marae members before they vote.

Again? WTF is this?  The NZ Bill of Rights provides statutory protection for every New Zealand citizen (kingitanga influenced or not): 

Section 4: 'The rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.'

Our little country is a democracy. It is a free & democratic society. 

Except the kingitanga wants to suffocate these hard-earned freedoms with its so-called 'cloak of unity & false authority'. 

Therefore the limits being artifically imposed are simply not justified.

In addition the 2011 Rules do not provide for 'evidence' to be produced  moments before victims are placed up against a wall where rotten eggs are hurled at them. 

Section 27 Right to justice:  '(1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law.'

 We have had discussions many times about the  

principles of natural justice.
 

You know the principles that previous committee members somehow conveniently 'forgot' about or pretended (as usual) they did not exist.

The argument (to not provide the evidence up-front) was used by Tuku Morgan to overturn an attempt to rid him from TK Inc in 2011.   

Yet here he is now playing executioner without the qualified judge & minus an independent jury.   How the worm turns.

 

Should Tuku Morgan convince 33 TK Inc marae to vote as directed in the 3-page legal blurb & they did as they are bid - 

Then its..
heigh ho - heigh ho -
Its off to court - we go -
to lodge the blame
& wax & wane 
 & spend more tribal dough!

And what would be gained?   
Will it resolve the issues that occured last year - 2012? 

Are the claims that HEMI RAU has failed to apologise correct? 

Is it true that TOM ROA stood there & allowed these evil deeds to occur?  

Did MARAE TUKERE really not understand the human resources policy & is that why she erred?

What is this? 

Are kingitanga people so desperate for total control of the tribal money-honey?  

Is this why HEMI RAU is enjoying the company of a blow-torch to several parts of his anatomy?

We have already enjoyed a terribly expensive 27 months legal battle where at the end Tuku Morgan (gee there he is again - at the forefront of blame) apologised & compensation (to keep your mouth shut) was paid.

As were the awfully expensive legal bills of the previous Rau v Morgan bout.  

Standing Orders - ho hum - no
In addition the 3-pages of expensive legal blurb is further complicating the issue - as the authors have artificially inflated the 'Standing Orders' to a higher authority that the 2011 Rules.  Tsk. Tsk.

Ah. No.  

The standing orders are an internal document only.

Rule 13: prescribes .. as provided in these Rules all Meetings of TKI shall be conducted in accordance with Standing Orders of TK Inc.

The 2011 Rules however are a legal requirement. 

Why? Because Te Kauhanganui Inc is an incorporated society & it is obliged under the Incorporated Societies Act 1908 to do as its Rules prescribe.

Therefore the 2011 Rules trump the Standing Orders as proven in:

 

Rule 18.4: 'In the event of any inconsistency between these Rules & Standing Orders of TKI these Rules shall prevail.'

Therefore standing orders do NOT have a higher authority than the RULES.

No WRLT personnel / human resource issue - raruraru should be part of the business of Te Kauhanganui Inc because it is an OPERATIONAL matter.

And the 2011 Rules clearly do NOT provide TK Inc with any ability or discretion to vote on operational matters.   

Whose your daddy?

PS: An invoice (three times higher than that billed by chapman tripp) for legal interpretation will be sent to Tuku Morgan. 

We should not pay for their complicated nonsense.

Te Ture Whenua Maori Act Review .. 14 June 2013

The Panel to discuss the five key proposals 'to unlock the economic potential of Māori land while maintaining the cornerstone principle of Te Ture Whenua Māori Act 1993 (land retention)' arrived in Auckland yesterday. 

There was an excellent turn-out at Te Puea Marae & people actively engaged with comparisons, case studies and scenarios.  Risk was an issue that had not been identified or discussed in the document but it was debated.

Thank you Te Puea Marae for your hospitality. 


The key proposals are:

• The majority of 'engaged owners' determine the use of Māori land
• All Māori land is used and administered effectively
• Governance is effective and fit for purpose
• Processes are available to enable owners to make decisions and resolve disputes
• Succession rules are changed to discourage excessive fragmentation.

TTWM Act 1993 - 27 Questions - each worthy of a thesis!

• What is your view on an engaged owner being defined as an owner who has actively demonstrated their commitment to their ownership interest by exercising a vote either in person or by proxy or nominee?
• What is your view on any decisions, not including sale or permanent disposition of land, being undertaken without the need for endorsement by the MLC?
• What is your view on one role of the MLC being to ensure that 75% agreement has been obtained from all registered owners & that those who affiliate to the land have been given first right to purchase the land before Maori land can be sold?
• What is your view on utilisation decisions other than sale requiring the agreement of at least 50% of engaged owners, provided there has been full  & timely disclosure of the proposal to all registered owners?
• What is your view on utilisation decisions only being able to be challenged on the basis of whether fair value has been obtained or where there has been a conflict of interest or other breach of duty?
• What is your view on some types of utilisation decisions (e.g. long-term lease) requiring the consent of a larger group of engaged owners (at least 75%)?
• What is your view on an external administrator being appointed to manage under-utilised Maori land titles when owners are either not engaged or unable to be located?
• What is your view on the eligibility of certain Maori entities in addition to the Maori Trustee; including Post Settlement Governance Entities, Maori trusts & incorporations with hapu or iwi affiliation to the particular Maori land block; undertaking the role of external manager or administrator?
• What is your view on MLC approving the appointment of & retaining oversight over the external administrators of under-utilised Maori land?
• What is your view on the powers of external administrators & the rights of registered owners to resume administration of Maori land?
• What is your view on the MLC being given responsibility for approving the appointment & retaining oversight of the external administrators?
• What is your view on external administrators being required to hold profits & distributions in trust for owners where they are unable to be located?
• What is your view on the duties & obligations of trustees & other governance bodies who administer or manage Maori land being aligned with the laws that apply to general land & corporate bodies?
• What is your view on the need to take a balanced approach to the issue of improving governance capability in terms of providing both incentives & disincentives for governors of Maori land?
• What is your view on specifying in detail the duties, responsibilities, & required competence of governors of Maori land, including introducing civil penalties for negligence (not filing returns) &criminal penalties in the case of fraud?
• What is your view on achieving greater consistency in the rules & processes associated with the various types of governance?
• What is your view on elections & appointments of trustees & other governance entities being recorded by the Registrar of MLC with Court’s power to intervene aligned with the powers of the general courts?
• What is your view on providing for any governance disputes to be managed appropriately by disputes resolution in the first instance, with recourse to the MLC?
• What is your view on all disputes relating to Maori land being referred, in the first instance, to mediation?
• What is your view on parties to a dispute being required to demonstrate that they have attempted to resolve the dispute themselves before they are able to access mediation?
• What is your view on MLC Judges being empowered to conduct judicial settlement conferences & refer all disputes to mediation?
• What is your view on the MLC being able to determine the dispute if the dispute remains unresolved following mediation?
• What is your view on the MLC having a general role for matters of process & points of law?
• How could succession to Maori land be simplified?
• What is your view on the MLC undertaking the role of a central registry that records Maori ownership interests?
• What is your view on decision making rights in respect of Maori land being limited to those engaged owners with minimum threshold interests?
• What would an appropriate threshold be?

Te Ture Whenua Maori Act - Subs now close: 14 June 2013

Te Ture Whenua Māori Act Review Panel

C/o Te Puni Kōkiri

PO Box 3943

WELLINGTON

e: TTWMA@tpk.govt.nz

 

Our eyes will see the glory

Clearly certain people have well and truly got their knickers in a twist.

The agenda for 25 May TKI meeting is now thumping into people's mail boxes.

Oh what a lovely war that day will witness.

1.      Henry van der Heyden and Nanaia Mahuta - will present a report on 'governance'.

Good propaganda tactics.  Sell hard – sell credibility – sell stability.

  Will they admit the costs of this report? 

Is Nanaia now a consultant? She is an MP.

 Has she been paid for her input to this committee and the production of this report? Will we be told? 

How much money do we pay Henry? Will we be told?

2.      Mike Pohio of TGH – will this be a precursor to its TGH annual report & the fees that it pays the chair & its directors? And its continued public spats & other goings-on or not with the Hamilton City over the planning restrictions?

Resolution 3 is back on the agenda – people are gunning for HEMI RAU – serious big time.

1. That Waikato Tainui Te Kauhanganui lnc resolves to remove Hemi Rau in accordance with Rule 5.3.1 (i) for acting in a manner which has brought or likely to bring Te Kauhanganui into disrepute by acting dishonourably towards staff at:  (1) Waikato Raupatu Lands Trust (2) Waikato Raupatu River Trust and (3) Te Riu a Waikato General Manager.

HEMI RAU deserves to be told off for allegedly 'acting dishonourably towards staff '. HEMI RAU has written apologies. Have they been accepted?  

It is important to separate the façade from the brutality of life within Waikato. There have been many more serious occasions and activities that have taken place under the mantle of 'tikanga' and 'secrecy' and which are more deserving that this proposed punishment against HEMI RAU.

But that is the tikanga of the majority of members inside TK Inc.

The history of the financial rorts is well-known and which were orchestrated by people who currently occupy seats on TK Inc and on the 2009-2012 & now on 2013 committee.

The 2011 KPMG report that both Tuku Morgan and Tuheitia Paki have gone to great pains to bury is the perfect example.  That report has not been permitted to rear it's lovely and beautiful head since its debut.   Why the collective energy to bury its existence & more importantly its contents? 

Ah the stones do not lie. Neither does the balance in the bank accounts.  The ledgers showed the spending and flow of tribal money being used for all manner of questionable purposes.  Few of which met the then (but now oft-quoted) financial policy standards measures. More hypocrisy.    

Did Tuku, Tuheitia, Rahui, Timi, Ruku & the other members of the committee during the 2009-2012 period – deliberately ignore that policy? 

 We all know that a whole bunch of pinga's has been paid to the ootmk since 2006 - and for what? 

 We have calculated that office has received in excess of $12million since it was established. And for what?   

And did those same people who spent excessive tribal funds demonstrate or exercise any accountability or transparency at any time?  Why they were not hauled before the kangaroo court and removed from TK Inc? They are culpable. 

Does HEMI RAU have a rep for acting dishonourably towards staff? What proof will be placed before TK Inc?  

A just and proper punishment for HEMI RAU is for him to complete (without stopping) 1,000 push-ups with ROBERT TUKIRI on his back in full leathers!

In a delicious twist HEMI RAU has acted honourably towards the 64,000+ members in protecting their tribal investments. He has flatly refused to capitulate and to provide any more money to ootmk and his zealots & expensive consultants.

What hypocrites HEMI RAU's accusers are?  They are now abusing the 2011 Rules to hide their true reasons for slagging HEMI RAU - they want him gone. Gee there must be some truth in the rumour that the ootmk is broke – AGAIN - and HEMI RAU – (the blocker of funds) must be removed!  

1.      Resolution: That Waikato Tainui Te Kauhanganui lnc resolves to censure Tom Roa for the way in which issues relating to the conduct of Hemi Rau referred to in the resolution above were dealt with.

2.      Resolution: That Waikato Tainui Te Kauhanganui lnc resolves to censure Marae Tukere for the way in which issues relating to the conduct of Hemi Rau referred to in the resolution above were dealt with.

TOM ROA and MARAE TUKERE are also in the gun – for what exactly? 

'Censuring' is a 'useless facade'. Whatever these two did or not do – is NOT in contempt of the 2011 Rules. Why? Because no discretion exists for the mover and seconder of the resolutions to 'censure' anyone.  The use of 'censuring' is ultra-vires. Outside of the Rules.

If these resolutions are endorsed it will confirm the stupidity of people who act and think like a mob of sheep - you know - we have all seen sheep - jumping into the air - when no obstacles are in place.  

 So if anyone in TK Inc wants to be sued for defamation - go ahead and make everyone's day.  

Methinks these resolutions are a waste of paper, ink and postage and must be dismissed as a premeditated attack – pathetic really – when you consider the effects on the tribal finances should the kingites and their cohorts gain the upper hand. 

It will also prove that Te Kauhanganui Inc is irrational and incapable of making proper decisions that will benefit the 64,000 members – NOT the kingitanga.

Should either resolution be passed then Te Kauhanganui Inc's rep will be forever cast into doubt and by its actions prove it is easily manipulated – like sheep – which lay in the arms of others to be shorn of its remaining pride and tattered reputation. 

Glory, glory hallelujah!  Glory, glory hallelujah!  

Glory, glory hallelujah!  Welcome democracy.

It is trampling out corruption where the grapes of hate are stored

It will lose the fateful lightning of its swift sharp sword

The truth is marching on.

Maui Ora!