At the First reading of the Ngatikahu ki Whangaroa Claims Settlement Bill in April 2016, objections were heard which were referred to the Māori Affairs Committee. Numerous objections were formally lodged and discussed in Wellington in April 2017. These objections were ignored by Chris Finlayson on the second and third readings. The NZ First party abstained from voting in protest, however the National Party forced the bill through, and the Ngatikahu ki Whangaroa Claims Settlement Bill was passed into law in August 2017.

Since then, the KAHUKURAARIKI Trust Board did little during 2018-2019. In 2019, the KAHUKURAARIKI Trust Board held hui which were not advertised widely, and were not well attended. The minutes of these hui talk mostly about the Resolution 2: Amendments to Trust Deed changes, and no published record of any discussion on Resolution 1: Ownership of Stoney Creek Station. There is no published record of any SGM to discuss the process in relation to resolving Resolution 1: Ownership of Stoney Creek Station as per Clause 33 of the KAHUKURAARIKI Trust Deed.

In 2021, the KAHUKURAARIKI Trust Board held numerous roadshows to discuss the Resolution 2: Trust Deed changes, and Resolution 1: Ownership of Stoney Creek Station. However, again published minutes show that Resolution 2: Amendments to Trust Deed was discuss, but not Resolution 1: Ownership of Stoney Creek Station.

Delays due to COVID meant that voting on the KAHUKURAARIKI Trustee elections and both Resolutions could not be held until March 2022. The SGM and AGM scheduled for March 2022 to provide an open forum to discuss the resolutions prior to voting were cancelled and rescheduled to June 2022, however voting was not rescheduled.

The results of the KAHUKURAARIKI Trustee elections and both Resolutions were published. The Taemaro Trustee was voted in with only 26 votes, and the Waimahana Trustee was voted in with 111 votes. Voting on Resolution 2: Amendments to Trust Deed was not passed, however voting on Resolution 1: Ownership of Stoney Creek Station was passed, despite objections that people were not able to discuss it in an open and transparent forum prior to voting.

The Kahukuraariki Trust Board management have closed their Facebook account cutting a vital channel for open and transparent communicate with their members and beneficiaries.

When I emailed the Trust Board asking them why they had closed it, I was told that all information for Kahukuraariki is now on their website, please see link https://www.kahukuraariki.iwi.nz/

When I pressed as to why it was closed, I was told that it was a management decision until they have had time to formulate a wider communication strategy.

I’m not really sure what that means, but hey it’s the Trust Board.

Unfortunately, the Kahukuraariki website hasn’t been updated yet with the recent SGM&AGM hui minutes, nor has a link of the zoom meeting recording been posted on their site to date.

I emailed this letter to Geraldine Baker (GM) of the Kahukuraariki Trust Board on the 16th June 2022. Asking that it be tabled at the up coming Kahukuraariki Trust Board SGM & AGM on the 18th June 2022.

March 8th, 2022

Morena koutou,

please see below the results for the Trustee Election 2022.

Congratulations to Otangaroa – Ana Hotere, Te Komanga – Roger Kingi, Taemaro – Hone (JJ) Ripikoi, Waimahana – Jean Joseph.

No election was require for Waihapa – Teresa Tepania-Ashton, Mangatowai – April Hetaraka, Waitaruke – Norman McKenzie and Taupo – Waitangi Wood.

OIA Response 13 March 2018 to an OIA Request 18 February 2018.

Details the four Ngatikahu ki Whangaroa Ratification Hui between June 2015 and August 2015. Each hui had extremely low participation:

• 27 June 2015 – only 15 people attended
• 2 July 2015 – only 34 people attended
• 18 July 2015 – only 48 people attended
• 1 August 2015 – only 24 people attended

At the First reading of the Ngatikahu ki Whangaroa Claims Settlement Bill in April 2016, objections were heard which were referred to the Māori Affairs Committee. Numerous objections were formally lodged and discussed in Wellington in April 2017. These objections were ignored by Chris Finlayson on the second and third readings. The NZ First party abstained from voting in protest, however the National Party forced the bill through, and the Ngatikahu ki Whangaroa Claims Settlement Bill was passed into law in August 2017.

Analysis – A spat over treaty settlements has seen insults hurled in Parliament, but points at a wider issue around the role of hapū in settlements.

Protesters took to the streets of Whangarei to oppose Tūhoronuku’s appointment to carry out treaty negotiations on behalf of Ngāpuhi.  Photo: RNZ

In one case earlier this week, insults were hurled between the Māori Party and New Zealand First, after New Zealand First pulled its support for two of five Treaty of Waitangi settlement bills.

The issue at the core of the dispute surrounds a settlement with Ngāti Aukiwa, a small hapū of the Whangaroa Harbour in Northland.

The hapū, which has always attempted to run its own claim, has instead been swallowed up by the larger iwi claim, Ngāti Kahu ki Whangaroa.

More detail : https://amp.rnz.co.nz/article/6d474f8a-fa94-4542-8a78-8f4a8aa61749

The Ngati Kahu ki Whangaroa Trust Board have closed their website, and have setup a new one for the Kahukuraariki Trust. This will be where you can access all relevant information pertaining to the Kahukuraariki Trust.

Submission on the NGATIKAHU KI WHANGAROA CLAIMS SETTLEMENT Bill

To the Māori Affairs Committee

Personal Details

This submission is from Graham Williams, PO Box 301347, Albany, North Shore City, Auckland. Currently, I am residing in the UK; however I can be contacted via email at graham.williams@wairuakiwi.com, if you have any questions.

Submission

I oppose this bill because:

The Ngati Kahu ki Whangaroa Trust Board has failed to provide up-to-date mandate affirmation reports; and as such have failed to prove their mandate to represent the people of Ngati Kahu ki Whangaroa. In fact, they have not even provided one mandate affirmation report detailing voting numbers over the past 8 years.

Actions taken:

• I have requested a copy of all of the mandate reports from the Ngati Kahu ki Whangaroa Trust Board; however my requests have been ignored
• I have complained to OTS, and have requested a copy of all of the mandate reports provided to them; however the response from OTS was that none have been provided to them
• OTS has tried to justify the continuation of the Ngati Kahu ki Whangaroa Trust Board mandate by speculating that the roadshows, facebook page and website, somehow show that the Trust Board had affirmed its mandate. Unfortunately, the only thing OTS has demonstrated is their bias to support a Trust Board that has failed to prove its mandate
• I have complained directly to Mr Finlayson; however he has replied saying he had considered my complaint; however that he saw no issue, and provided me with an out-dated copy of the Ngati Kahu ki Whangaroa mandate document from 2010

I wish to make the following comments:

The Ngati Kahu ki Whangaroa Trust Board has failed to engage with its wider Iwi. I have tried over the past 8 years on numerous occasions to engage with the Trust Board via email and on their facebook page; however they have refused to answer any of my questions, or respond to any of my comments on their facebook page. I have requested copies of mandate reports, hui minutes, copies of the AIP, and the Deed of Settlement; however I have been denied timely access to all material.

Mr Finlayson in his First Reading of this Bill, eluded to the fact that 78% of the people that voted, had voted to accept the Deed of Settlement. What Mr Finlayson has failed to mention is that only 585 people voted to accept the Government’s offer, of a 3800+ strong Iwi. With a very low voting turnout of only 30%, the 585 who voted to accept the offer represent a mere 15% of our Iwi. I emailed Mr Finlayson pointing this fact out; however he replied saying that 24% of the eligible voters voted to accept the offer, and that that was a sufficient level of support to go forward.

Recommendations

The mandate has not been maintained by the Ngati Kahu ki Whangaroa Trust Board, and as such the Trust Board cannot demonstrate that they represent all hapu within the Ngati Kahu ki Whangaroa area. The very low voting turnout and minority acceptance of the Deed of Settlement, is testament to this fact.

This bill cannot be passed until all hapu have been fully engaged and represented; to do so would be to deny natural justice. The Waitangi Tribunal follows the rules of natural justice to ensure that all parties entitled receive fair representation; this has clearly not been the case.