Jean Joseph‘s comment on Facebook – Puhi O Te Waka – Waimahana Marae Committee on 31 Dec 2024

Kiaora

Good question Valerie. IF YOU RECALL. THERE WAS A COURTCASE AGAINST GLENDITH SAMSON by Reuban Peterson to stop elected KKTB Trustee o Waimahana onto the marae to give update. The Court Injuction was not upheld by the Maori Land Court, however due to the fiction created until the marae committee recinder or when elected marae trustees invite we remain polite. However, at the recent AGM there was 3 waimahana registered beneficiaries present whom live in Waimahana. Thank goodness, it gave me hope that there are whanau who are willing to get information and question and take a stand. I hope I have answered your question about Glendith and I.

Ngamihi

Graham Williams response to Jean Joseph‘s comment on Facebook

If you read the court minutes, you’ll realize Jean Joseph‘s comments above are not correct. Reuban Peterson was not trying to stop Glendith Samson from attending the marae. He was asking the court for an injunction to stop Glendith Samson saying that she represents the Waimahana Marae, when she had not been elected or authorized to do so by the Maori Land Court approved Waimahana Marae Committee.

The ruling to decline Reuban Peterson‘s application eluded to in the minutes by Judge Armstrong below is that the Maori Land Court jurisdiction does not extend to the Kahukuraariki Trust Board as it is not a Maori Trust. The only options would be to take the matter to the High Court or the Waitangi Tribunal.

Unfortunately, Jean Joseph, Glendith Samson and the Kahukuraariki Trust Board continue to misrepresent themselves as representing the Waimahana Marae, despite not being elected nor authorized to do so by the Waimahana Marae Committee.

Maori Land Court – 179 TTK 152-168 Minutes (Reuban Peterson – 30 August 2018)

Kia ora Trustees,

The Trust Board is obligated to include all members of Ngatikahu ki Whangaroa in the process specified in Clause 33 of the KTB Trust Deed, whether they are registered or not, and as such I stand clearly within the parameters of the Trust Board. The Trust Board has failed to include all members in this process, as I was excluded from the SGM/AGM hui on the 18th June 2022, and I was denied the opportunity to present and discuss my serious concerns outlined in my letter in relation to the Resolution 1 – Ownership of Stoney Creek Station process outlined in Clause 33. The subsequent attempts to address my concerns by your GM via email, and the erroneous summary report provided by Toko have failed. My concerns remain unresolved, hence my outstanding requests for information.

My current outstanding requests that are unresolved:

1) Confirmation of my complaint in relation to being denied confirmation of my beneficiary status. Still waiting after more than a year.

2) Confirmation of my complaint in relation to being excluded from the SGM and AGM held on 18th June 2022. Still waiting after almost a year. Ms Baker has confirmed in her email below that the link provided to the SGM and AGM was to enable registered members only an opportunity to participate and/or view both hui in real time. This of cause means that non-register members were excluded, which in itself is a breach of the KTB Trust Deed Clause 33 to provide an open, transparent, and fair process to all members of Ngatikahu ki Whangaroa.

3) A full copy of the zoom recordings of the SGM and AGM that I was excluded from held on 18th June 2022. If you can’t provide this then please provide me with the contact details and authority of the communications consulting service you engaged, so I can arrange for a copy of the hui zoom recording. Also, I have an email from your office confirming the existence of the zoom recording.

4) Copy of all of the SGM documentation including agenda, advertisements, minutes, and attendance register for the SGM held in relation to Clause 33.2 of the Trust Deed. As detailed in Toko’s summary report “Schedule 2, Point C – During the consultation process and at a Special General Meeting (SGM) called to discuss Stony Creek Station”. This is not available on your website. In fact, I’m not sure your GM understands exactly what SGM I’m asking about, as I don’t believe she has a detailed understanding of your Trust Deed , specifically Clause 33.2.

5) Copy of Toko’s full report relating to the Resolution 1 and Resolution 2 engagements, consultation, and meetings: including agenda, advertisements, minutes, and attendance registers. This is not available on your website.

Unfortunately, since you refuse to provide the information, I have requested, I can only assume that the process followed, voted on and passed by your administration under Clause 33 in relation to Resolution 1 – Ownership of Stoney Creek Station, has not met the conditions laid out in Clause 33, and as such any decisions relating to this matter are null and void. This coupled with your exclusion of non-registered members is a clear breach of the process and conditions outlined in Clause 33.

Nga mihi,

Graham Williams

Member of Ngatikahu ki Whangaroa

2 December 2024

Kahukuraariki Trust Board

P O Box 788, Kerikeri 0295

By email: admin@kahukuraariki.iwi.nz

RE: Kahukuraariki AGM 2024

Dear Chair and Trust Board,

Thank you for your letter dated the 4th September 2024 responding to my letter of 5th August 2024.

Thank you for acknowledging that I have provided my whakapapa and birth certificate to the Trust Board confirming my status as a “member of Ngatikahu ki Whangaroa”; as in I whakapapa to Ngati Aukiwa.

Thank you for outlining your Trust registration process; however, I’ve never asked how I can become a “registered member” of the Trust. In providing my whakapapa and birth certificate I am providing proof that I am a “member of Ngatikahu ki Whangaroa”, and as such a beneficiary of your Trust. I do not have to register to be a beneficiary, nor do I have to register to be able to participate in and afforded access to AGM, SGM, minutes etc as per your Trust Deed. I believe this matter was addressed in my lawyer’s letter to you more than a year ago on the 25 September 2023, and again to your lawyer on the 21 November 2023. You acknowledged receiving my lawyer’s letter at the 2023 AGM, and reaffirmed receiving it again in your recently published Kahukuraaki Trust Annual Report 2024 of the 16^th September 2024. To date we have not received a reply from you nor your lawyer.

Unfortunately, by only offering to allow me to attend the latest AGM as an observer, you have yet again denied me the opportunity to participate in the latest KTB AGM; which is the third straight year that I have been denied my rights as a beneficiary.

Additionally, as requested in my previous letter, can you please provide the contact details of the new Trustees?

Yours Faithfully,

Mr Graham Williams

Member of Ngatikahu ki Whangaroa

Correspondence Address:

Graham Williams

PO Box 301347

Albany 0632

From: graham.williams@wairuakiwi.com
Date: 19 September 2024 at 4:48:51 PM AEST
To: Teresa Tepania-Ashton <teresa.tepania-ashton@kahukuraariki.iwi.nz>
Cc: April Hetaraka <ahetaraka@gmail.com>, Hinepotaurangi Jean Joseph <jjhinepotaurangi@gmail.com>, Roger Kingi <rateakingi@xtra.co.nz>, Norm Mckenzie <norm.mckenzie@kahukuraariki.iwi.nz>, Ana Hotere <anahotere@gmail.com>, Waitangi Wood <tauihoitepotrust@gmail.com>, Roger Kingi <roger.kingi@kahukuraariki.iwi.nz>, Hone JJ Ripikoi <jj@farnorth.me>

Subject: Kahukuraariki Trust Annual Report 2024 – Brief Review

Kia ora Teresa,

I’ve just finished reviewing your yet to be approved Kahukuraariki Trust Annual Report 2024 and Financial Statements, and the Trustees may wish to have your accountant review your GM’s flawed analysis, as it implies that the operational loss this year of $187k are due to market highs and lows of the Milford Investment portfolio performance in 2024, which according to the details recorded in your published Financial Statements is clearly not true.

GM quote: “The Balance continues to show a healthy $19,541,930 equity (net owned assets), which is inclusive of the Milford Investment Portfolio. There is difference (a loss) of approx. $187,000, compared with last year, which in the scheme of investment market highs and lows, is not significant for long term investors like the Trust. Over the long term, invested funds will even out and will continue to provide a competitive rate of return as long as the majority of the quantum remains intact.”

The Milford Investment portfolio performance in 2024 resulted in a net profit of approximately $500k not a $187k loss, according to your Financial Statements. The Milford Investment portfolio balance dropped from $5.7m in 2023 to $5.5m in 2024 due to withdrawals to cover your excessive administration and operational expenses. Your investment strategies over the past 4 years have failed to provide enough revenue to cover your operational expenses hence your losses. It’s reasonable to accept losses for a year or so, but 4 years straight without even attempting to rein in your operational costs nor adequately adjusting your investment strategy is concerning to say the least.

The Trust’s primary responsibility is to manage the settlement assets for its present and future beneficiaries; however, I’m concerned over the serious losses incurred over the past 4 years; 2021 – $380,000, 2022 – $630,000, 2023 – $570,000, and now in 2024 – $187,000. The exceptional Milford Investment portfolio gains in 2020 of $1.5 million have now been extinguished as I predicted in my analysis last year. The Milford Investment portfolio 4 years ago was $6.9 million, however its diminished to $5.5 million in 2024. The primary reason for these losses based on reviewing your accounts over the past 4 years, would be the excessive Administration and Operational costs; in 2023 – $1.2 million, and yet again in 2024 – $1 million. What does the Trust intend to do about reversing these excessive Administration and Operational costs?

I’ll leave others to comment on the inaccurate 2023 AGM Minutes, as yet again I was denied the opportunity to attend, speak and vote as a non-registered member. Could you please ensure that this email is tabled at your 2024 AGM as a matter of record?

Nga mihi,

Graham Williams

Member of Ngati Kahu ki Whangaroa

References:

1. Kahukuraariki Trust Annual Report 2024: https://www.kahukuraariki.iwi.nz/kahukuraariki-trust-annual-report-2024/

From: graham.williams@wairuakiwi.com <graham.williams@wairuakiwi.com>
Sent: Wednesday, 27 September 2023 3:46 pm
To: ‘Teresa Tepania-Ashton’ <teresa.tepania-ashton@kahukuraariki.iwi.nz>
Cc: ‘April Hetaraka’ <ahetaraka@gmail.com>; ‘Hinepotaurangi Jean Joseph’ <jjhinepotaurangi@gmail.com>; ‘Roger Kingi’ <rateakingi@xtra.co.nz>; ‘Norm Mckenzie’ <norm.mckenzie@kahukuraariki.iwi.nz>; ‘Ana Hotere’ <anahotere@gmail.com>; ‘Waitangi Wood’ <tauihoitepotrust@gmail.com>; ‘Roger Kingi’ <roger.kingi@kahukuraariki.iwi.nz>; ‘Hone JJ Ripikoi’ <jj@farnorth.me>

Subject: Re: Kahukuraariki Trust Annual Report 2023 – Brief Review

Kia ora Teresa,

I’ve just finished reviewing your yet to be approved Kahukuraariki Trust Annual Report 2023 and Financial Statements, and the Trustees may wish to have your accountant review it, as there are mistakes in your GMs analysis which misrepresents the Milford Investment portfolio performance in 2023, compared to the details recorded in your published Financial Statements.

The Milford Investment portfolio performance in 2023 resulted in a net loss of $100k not $570k, according to your Financial Statements. The Milford Investment portfolio balance dropped from $6.6m in 2022 to $5.8m in 2023 due primarily to withdrawals to cover your administration and operational expenses. Your investment strategies over the past 3 years have failed to provide enough revenue to cover your increasing expenses hence your losses. It’s reasonable to accept losses for a year or so, but 3 years straight without even attempting to rein in your increasing costs nor adequately adjusting your investment strategy is concerning to say the least.

The Trust’s primary responsibility is to manage the settlement assets for its present and future beneficiaries; however, I’m concerned over the serious losses incurred over the past 3 years; 2021 – $380,000, 2022 – $630,000, and now in 2023 – $570,000. The exceptional Milford Investment portfolio gains in 2020 of $1.5 million are likely to be fully extinguished by 2024 at this rate. The Milford Investment portfolio 3 years ago was $6.9 million, however its diminished to $5.8 million in 2023. A major reason for these losses based on reviewing your accounts over the past 3 years, would be the massive increase in Administration and Operational costs relating to Staff Salaries and Trustee Fee Payments, which on average account for about 40-45% of the losses for each respective year. The Administration and Operational costs in 2020 were – $114k ($53k and $61k), in 2021 – $176k ($91k and $85k), in 2022 – $266k ($225k and $41k), and in 2023 – $287k ($227k and $60k). What does the Trust intend to do about reversing this trend of excessive losses?

Also, while reviewing the latest Financial Statements for 2023, I noted that the Trust received $376k worth of NIWA/VMC grants from the Crown and paid out $448k to NIWA for NROP. I note that the Trust doesn’t appear to record any equity interest in the NROP / Seafood International Ltd (SIL) entity. Why doesn’t the Trust own part of the NROP / Seafood International Ltd (SIL) entity considering they’ve contributed significant Trust funds?

I’ll leave others to comment on the inaccurate 2022 SGM & AGM Minutes, and the lack of an independent attendance register for the 2022 SGM, as I was denied participation in both as a non-registered member. Could you please ensure that this email is tabled at your 2023 AGM this coming Saturday as a matter of record?

Nga mihi,

Graham Williams

Member of Ngati Kahu ki Whangaroa

References:

• Kahukuraariki Trust Annual Report 2023: https://www.kahukuraariki.iwi.nz/kahukuraariki-trust-annual-report-2023/

• Kahukuraariki Trust Annual General Meeting – Otangaroa Marae, 30th Sept 2023: https://www.kahukuraariki.iwi.nz/kahukuraariki-trust-annual-general-meeting-otangaroa-marae-30th-sept-2023/

Initial response to Kahukuraariki Trust Board – Summary of the Special Resolution Process August 2022

Kahukuraariki Trust Board – Summary of the Special Resolution Process August 2022

RE: Trust Board Response to Letter from Graham Williams

Trust Board Response to Letter from Graham Williams

Letter Submitted to Trust Board to be tabled at SGM