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

Please read my response comments below in bold italics.

Te Umanga Trust

We are not a Trust, we are a privately held company.

Geraldine is waiting on the report from Tuia Group so she can reply to Graham Williams email and letter, waiting for this to be sent to us then I will distribute it to the trustees. Let him know what our status, he already has our email addresses and some of the whanau are now emailing as well about it, there were 23 emails and numerous FB posts.

Most of the FB posts are requesting the SGM minutes and hui recording link, which we were promised, but we still haven’t received them, and it’s been over three months. Also, closing the KTB Facebook account hasn’t helped either.

Most of the points in his letter is statements not questions, Norm suggests we open the door and is happy to attend the hui,

No one has bothered to contact us about accepting our invitation to attend a hui at our marae, and it’s been over two months.

Also points 10 and 11 in my letter are questions, which still haven’t been answered in Geraldine’s curt email replies nor Toko’s Summary Report. My serious concerns of potential breaches of the Trust Deed still haven’t been addressed by the Trustees.

Our financials are already available for him, he is now copying in the ministers and Te Arawhiti. The best way to deal with it is to approach it and accept his invitation to a hui at the marae.

I requested KTB financial accounts for the past 10 years, but you have only recently published the past 2 years worth.

Yes, why wouldn’t I copy in the ministers and Te Arawhiti?

No one has bothered to contact us about accepting our invitation to attend a hui at our marae, and it’s been over two months.

He has had other people confront our GM on his behalf and we need to keep her safe in how he is attacking him, our GM should reply once she has legal advice, this then safeguards her and the Trust.

Confront our GM? – members requesting information is confronting now.

We need to keep her safe in how he is attacking her? Really? She is the GM right? Perhaps the Trustees could answer my questions instead as I always cc: in all of the Trustees?

What the Trustees don’t seem to grasp is that Geraldine, Rosie and Toko have no skin in this game, so they don’t need to be safeguarded, and no it won’t safeguard the Trustees, because they haven’t answered my questions detailed in points 10 and 11, nor does Toko’s report address the potential breaches of the Trust Deed.

JJ recommends that we just let him know we are waiting on advice, give him a time frame also so he knows it is coming Jean has no problem with him waiting our personal details but in the privacy act 2020 principle 6 the board must not give our private information. Maybe they are wanting to send a summons to the trustees, he also makes a claim that Te Umanga is the commercial arm for Te Aukiwa? Has anyone seen the proof of this and where are the minutes from the hui to verify that? Also, under the privacy act people who continue with this behavior, it becomes harassment and becomes an offence, refer to Jean’s previous emails. Norm is happy to attend their hui and Jean is happy to join him if she is available.

The Privacy Act 2020 Principle 6 only relates to personal information held by the Trust. Trustees are however obliged to provide their contact details as the Trust Act 2019 requires the Trustees to provide their contact details to their beneficiaries when requested.

As for our statement that Te Umanga Ltd is the commercial arm of Ngati Aukiwa, we have invited you to a hui at our marae where we are more than happy to answer your questions, but to date you haven’t contacted us to arrange a date and time.

In relation to accusations by Jean (refer to Jean’s previous emails) that I have harassed Geraldine, this is simply ridiculous. Asking pointed and difficult questions of the GM who represents the Trustees is not harassment, and it is absurd to say such a thing.

Dear Trust Board,

Please read below my conversation with your GM – Geraldine Baker. Unfortunately, it appears Geraldine has no idea of the obligations the Trust has under the Trust Act 2019 in relation to Beneficiary rights and hasn’t put a process in place to manage requests for confirmation of beneficiary status. Can you please ensure this is rectified?

Nga mihi

Graham Williams

Member of Ngati Kahu ki Whangaroa

From: graham.williams@wairuakiwi.com <graham.williams@wairuakiwi.com>
Sent: Wednesday, 17 August 2022 1:47 pm
To: Geraldine Baker <geraldine.baker@kahukuraariki.iwi.nz>
Cc: Rosie Conrad <rosie.conrad@kahukuraariki.iwi.nz>; Teresa Tepania-Ashton <teresa.tepania-ashton@kahukuraariki.iwi.nz>; April Hetaraka <ahetaraka@gmail.com>
Subject: Re: Kahukuraariki Trust Board – Summary of the Special Resolution Process – Number of flawed legal interpretations in Toko Kapea Summary of the Special Resolution Process report

Hi Geraldine,

I was referring to the Trust Act 2019 in relation to beneficiaries, perhaps you should read it. Also, Rosie said she had checked the whakapapa records that you hold.

So, what more do you need from me so you can validate if I’m a beneficiary of the Trust or not?

Nga mihi

Graham

Sent from my mobile

On 17/08/2022, at 1:32 PM, Geraldine Baker <geraldine.baker@kahukuraariki.iwi.nz> wrote:

Kia orano Graham,

The Trust does have a validation process in place. However, it is not how you presume it to be. It is prescribed within the Trust Deed. Please read it.

We do not keep/collect whakapapa – that is held by kaumatua/kuia/tangata whenua within Marae and Hapu. I’m not aware of any Iwi organisation that does collect whakapapa or has the capacity to undertake this mahi, except Ngai Tahu.

Nga mihi

Geraldine Baker

From: graham.williams@wairuakiwi.com <graham.williams@wairuakiwi.com>
Sent: Wednesday, 17 August 2022 12:59 pm
To: Geraldine Baker <geraldine.baker@kahukuraariki.iwi.nz>
Cc: Rosie Conrad <rosie.conrad@kahukuraariki.iwi.nz>; Teresa Tepania-Ashton <teresa.tepania-ashton@kahukuraariki.iwi.nz>; April Hetaraka <ahetaraka@gmail.com>
Subject: Re: Kahukuraariki Trust Board – Summary of the Special Resolution Process – Number of flawed legal interpretations in Toko Kapea Summary of the Special Resolution Process report

Hi Geraldine,

I guess in a practical sense thats where we fundamentally disagree. The Trust does not represent me, they simply manage assets that I’m a beneficiary of.

The Trust Deed clearly makes a distinction between a member or beneficiary of the Trust versus a registered member of the Trust. The only difference being between the two is that a registered member can vote. That the Trust doesn’t have a process in place to validate beneficiaries is a flaw in the management of the Trust in relation to conditions in the Trust Deed and the Trust Act 2019.

All the Trust has to do is ask a person claiming to be a beneficiary for their whakapapa details and check them against the Trust’s whakapapa records, and then send them an email confirming that they are a beneficiary or not. This is exactly what Rosie has done with me this morning.

So, what more do you need from me so you can validate if I’m a beneficiary of the Trust or not? I’ve provided my whakapapa to Rosie, which she has checked against your whakapapa records, and found it to be valid, and I now attach my birth certificate proving Hazel Maria Williams was my mother.

Nga mihi

Graham

On 17/08/2022, at 12:08 PM, Geraldine Baker <geraldine.baker@kahukuraariki.iwi.nz> wrote:

Morena Graham,

I guess if you look at your query in a practical sense, if you’re not formally registered with the Trust and we have not had the opportunity to validate your whakapapa details, then that would leave the door open to anyone claiming they are a beneficiary – right?

Presumably this is why Iwi organisations have a register – not only for election and voting purposes but to provide surety to funders (social & health service provision), that they represent who they say they represent. They also have a register of people they can communicate with and provide services/benefits to and for.

Nga mihi

Geraldine Baker

From: graham.williams@wairuakiwi.com <graham.williams@wairuakiwi.com>
Sent: Wednesday, 17 August 2022 10:54 am
To: Rosie Conrad <rosie.conrad@kahukuraariki.iwi.nz>
Cc: Teresa Tepania-Ashton <teresa.tepania-ashton@kahukuraariki.iwi.nz>; Geraldine Baker <geraldine.baker@kahukuraariki.iwi.nz>; April Hetaraka <ahetaraka@gmail.com>
Subject: Re: Kahukuraariki Trust Board – Summary of the Special Resolution Process – Number of flawed legal interpretations in Toko Kapea Summary of the Special Resolution Process report

Hi Rosie,

Just to confirm again, I’m not applying for Iwi / Trust registration. I’m simply trying to determine if the Trust accepts that I’m a beneficiary of the Trust as per the definition in the Trust Deed?

Nga mihi

Graham

Kia ora Trust Board,

Firstly, thanks for providing this report despite it taking two months.

Secondly, after an initial review to Toko Kapea Summary of the Special Resolution Process report there are clearly flawed interpretations and omissions in Toko Kapea Summary of the Special Resolution Process, which either intentionally misrepresent or fail to address procedural breaches that were outlined in my letter to you dated 16^th June 2022, specifically points 10 and 11; the process and sequence outlined in Clause 33.

I’ll provide more detail in my formal response letter to the Trust Board in the coming days, however I recommend that each Trust Board member seek independent legal advice in this matter. Failure to address my concerns could see each individual Trustee removed, and financial redress awarded against them personally.

Nga mihi

Graham Williams

Non-Registered Adult Member

Morena,

Please see the link below to the final report for Kahukuraaiki Trust Board – Summary of the Special Resolutions Process, the link can be shared with your Marae and whanau.

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

Ngā mihi 

Rosie Conrad 

Kaiwhakahaere Tari 

Kahukuraariki Trust Board 

P O Box 788, Kerikeri 0295  

Mob: 021 607 393 

E: rosie.conrad@kahukuraariki.iwi.nz

In the latest published Trust Board hui minutes Geraldine Baker (GM) made the following statement:

Other emails and FB messages
• One of the emails from a person claiming to be of the Iwi (not registered), had gone nowhere despite numerous attempts from operational staff (email responses). Stopped responding and instead advised him to attend the SGM/AGM.
• The other email asking for the minutes from roadshow/reviews, one of the marae concerned was not happy for them to be shared. GM advised but asked if the person was wanting same request to all Marae – no response. Operations stopped responding as the conversations were not helpful.

What a misleading and deceitful account of our email exchanges. Geraldine Baker (GM) should be ashamed of herself to represent our conversations in this manner. I am the “person claiming to be of the Iwi (not registered)”. In my numerous email exchanges with Geraldine Baker (GM) and Rosie Conrad (Admin) I identified myself. At no stage did Geraldine or Rosie ask me to provide evidence of my iwi affiliation, which I’m more than happy to provide if asked.

As for my requests for minutes from the roadshow/reviews, I was never told one of the marae was not happy to share them, nor was I asked by Geraldine Baker (GM) if I was wanting the same request of all Marae. So, its hard to respond to a question that was never asked. My request was for the minutes of the roadshow/reviews in relation to the consultation hui on Resolution 1: Ownership of Stoney Creek Station and Resolution 2: Amendments to the Trust Deed. To date I have not received a copy as Geraldine Baker (GM) has refused to communicate openly and transparently.

Although, Geraldine Baker (GM) did invite me to attend the SGM & AGM, she also cancelled my Zoom invitation to the 18th June 2022 SGM&AGM, denying me the opportunity to do so.

Kia ora Trust Board,

Thanks for finally responding to my letter that I sent 7 weeks ago . Obviously, the Trust Board doesn’t understand the simple meaning of being open, timely and transparent. In the response from the Trust Board, there are numerous errors and intentional misrepresentations. My comments below to some of your curt / misleading replies to the points in my letter:

• Point 7 – Claiming you whakapapa to Ngati Aukiwa doesn’t mean you have been authorised to sign on behalf of Ngati Aukiwa.
• Point 8 – Expecting that the Crown monitored and evidenced the process is ridiculous, as evidenced by the numerous objections during the process and to the Bill prior to it being passed, and the fact that the NZ First party abstained from the vote in protest.
• Point 10 – I’m not sure each Trustee understands the extent of Clause 33.2 – Consultation on review process, each Trustee needs to seek independent legal advice, specifically on this matter. I look forward to Toko Kapea’s summary of the review process, including hui dates, minutes, and attendance registers.
• Point 11 – All descendants of Kahukuraariki were not notified nor encouraged to register and vote, and as such were excluded from the consultation hui, not able to register, and denied subsequent voting in the Resolution 1 process. I personally was not made aware of the SGM & AGM until I was contacted about the privacy breach on Jan 2022 with the members register being published on your website. I had previously registered as a member but somehow wasn’t on the list anymore. I personally was excluded from the process by Geraldine Baker (GM), as I was denied access to the SGM & AGM which your Trust Deed clearly stated is open to all adult members of Ngatikahu ki Whangaroa (registered or not).
• Point 14 – I’ve provided able evidence to warrant immediate recall of the special resolution made determining the ownership of the Stoney Creek Station, as per Point 10 – the correct process has not been followed and Point 11 – descendants of Kahukuraariki were excluded.

I’ve communicated my concerns and objections over the past 7 weeks and have provided ample time for each Trustee to respond to my concerns, questions, and requests. Not one Trustee has replied to my many emails, not one Trustee has provided me with their contact details. Refusal to provide their details is a breach of the Trust Act 2019, which could see them removed as Trustees. I ask once more that each Trustee provide me with their contact details.

Nga mihi

Graham Williams

Tena koe Graham,

The Trust board had its first hui last night, following the recent SGM/AGM held 18^th June 2022, at Waihapa Marae.

At that hui I was asked to respond to your letter as attached.

The Trust is waiting on a summary of the Review process, by Toko Kapea, the Independent Facilitator for both reviews. Once we have this we will forward a copy to yourself and Missy Petersen as requested.

Please visit our website www.kahukuraariki.iwi.nz for up-to-date news and events and information concerning the Trust and its operations.

Nga mihi

Geraldine Baker

Kaiwhakahaere Matua

Kahukuraariki Trust Board

Dear Trust Board,

On Saturday 18th June 2022 I was denied access to the SGM & AGM by Geraldine Baker (GM). According to Clause 33.1 and 33.2 of your Trust Deed, as an Adult Member of Ngatikahu ki Whangaroa (registered or not) I was entitled to attend the recent SGM on the 18 June 2022, and that Geraldine Baker had no legal right to cancel my invitation and deny me access. I informed Geraldine Baker (GM) via email that I did not need to be a registered member to attend the hui, however at 9:03am on the 18^th June 2022 I received an email from Zoom stating, “Your registration for webinar Kahukuraariki Trust Board SGM and AGM has been cancelled”.

In denying me access she has denied me the opportunity to present my letter and plead my case in relation to the ownership of Stoney Creek Station, which would have made a material difference to the outcome of any decisions made or accepted at the SGM.

As such I demand that any decisions made or accepted at the SGM be voided immediately, and that another SGM be scheduled where all Adult Members of Ngatikahu ki Whangaroa (registered or not) are allowed to attend and participate.

I give each Trust Board member this one opportunity to correct this serious breach of their Trust Deed before I take legal action against each individual Trust Board member under the Trust Act 2019.

Nga mihi

Graham Williams