Kahukuraariki Trust Annual Report 2023 – Brief Review

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:

Latest – Re: Organize a hui with Peterson/Thomas whanau occupying Stony Creek Station

From: graham.williams wairuakiwi.com <graham.williams@wairuakiwi.com>
Sent: Wednesday, 19 October 2022 5:05 pm
To: Trustees
Cc: Andrew.Little@parliament.govt.nz; kelvin.davis@parliament.govt.nz; Toko Kapea <T.Kapea@tuiagroup.com>
Subject: Re: Organize a hui with Peterson/Thomas whanau occupying Stony Creek Station

Kia ora Trustees,

I appreciate the attempt of your administration to provide the information we have requested; however, they have fallen well short of establishing good faith. Geraldine has only provided draft minutes of the SGM and AGM 2022 hui, which are very brief considering the gravity of the Resolutions, particularly Resolution 1: Ownership of Stoney Creek Station. Numerous breaches, discussions and comments that occurred at the SGM have not been minuted. I was refused access to the online Zoom SGM by Geraldine as I was not a registered member, which according to Clause 33 as a member (registered or not) is a breach of your own Trust Deed. I believe that initially Missy Peterson was also asked to leave the SGM, as she was not a registered member, but luckily common sense prevailed. Also, my Letter was not discussed at the SGM, even though it raised questions over potential breaches in relation to Resolution 1: Ownership of Stoney Creek Station process, specifically Clause 33.2. As a start, providing a link to the SGM zoom recording would have been a sign of good faith and transparency as per clause 33.1, but no that has not been provided.

My questions and requests for information have nothing to do with the Settlement Process that finished in 2017. My questions and requests for information are to do with the Trust Board fulfilling their obligations as Trustees under the Trust Deed, which despite Geraldine’s curt email reply and Toko Kapea’s Summary Report have been left unanswered. Toko’s report does not provide proof that the Trustees followed the Resolution 1: Ownership of Stoney Creek Station process, outlined in Clause 33.2. This is why we have requested additional information, which hasn’t been provided.

As you must appreciated, it is very frustrating as a member to be denied access to hui and information that is my right under the Trust Deed, and your administration has done little to help by refusing to openly communicate or even recognize its own members as defined in your own Trust Deed.

I’m happy to engage in an open, fair, and transparent manner, so we can move forward; however, you and your administration has failed to do so to date.

Nga mihi

Graham Williams

From: Missy Peterson <m.peterson01@hotmail.com>
Sent: Wednesday, 19 October 2022 3:19 pm
To: Geraldine Baker <geraldine.baker@kahukuraariki.iwi.nz>; Annwyn Buchanan <cramond8@yahoo.co.nz>
Cc: Trustees
Subject: Re: Organise a hui with Peterson/Thomas whanau occupying Stony Creek Station

Kia ora Geraldine,

Thank you for what you have so far provided, however I am still awaiting access to the rest of the documents requested as a ‘member of Ngatikahu ki Whangaroa’ I have attached a copy of this request from some months ago.  

Missy

From: Geraldine Baker <geraldine.baker@kahukuraariki.iwi.nz>
Sent: Monday, 17 October 2022 1:39 pm
To: Missy Peterson <m.peterson01@hotmail.com>; Annwyn Buchanan <cramond8@yahoo.co.nz>
Cc: Trustees
Subject: RE: Organise a hui with Peterson/Thomas whanau occupying Stony Creek Station

Kia ora Missy,

We have responded to your requests for information.

Please advise whether a hui is possible to discuss options between the Trust, the whanau who continue to occupy Stony Creek Station, and those Iwi members who support them. As stated in my previous email, we are not looking to re-examine the settlement process or to be abused or harassed. The Trustees are now focussed on the future and what potential opportunities there could be for all Iwi members. This could include warm and affordable housing options, hauora and wellness programs, business and tourism enterprises and employment, and so on.  

Again, I look forward to your earliest response, thanks.

Nga mihi

Geraldine Baker

Kaiwhakahaere Matua

Kahukuraariki Trust Board

From: Missy Peterson <m.peterson01@hotmail.com>
Sent: Monday, 10 October 2022 10:07 pm
To: Geraldine Baker <geraldine.baker@kahukuraariki.iwi.nz>; Trustees; kelvin.davis@parliament.govt.nz; andrew.little@parliament.govt.nz; graham.williams@wairuakiwi.com
Subject: Re: Organise a hui with Peterson/Thomas whanau occupying Stony Creek Station

Kia Ora Geraldine,

I have been tasked with the job of responding to your email regarding the above subject matter.  As a show of good faith by the KTB and to move forward, can you please provide the documents (view the KTB Minute Book, AGM/SGMs minutes including 2022) that Graham Williams and I (as members of Ngatikahu Ki Whangaroa) have requested in earlier correspondence with you as General Manager of KTB, Rosie Conrad as KTB Admin and Teresa Tepania (chairperson of KTB). 

Nga mihi

Missy

From: Geraldine Baker <geraldine.baker@kahukuraariki.iwi.nz>
Sent: Monday, 10 October 2022 3:24 pm
To: Annwyn Buchanan <cramond8@yahoo.co.nz>
Cc: Waitangi Wood <tauihoitepotrust@gmail.com>; Teresa Tepania-Ashton <teresa.tepania-ashton@kahukuraariki.iwi.nz>; Rosie Conrad <rosie.conrad@kahukuraariki.iwi.nz>; ‘Norm McKenzie’ <norm.mckenzie@aucklandcouncil.govt.nz>
Subject: Organise a hui with Peterson/Thomas whanau occupying Stony Creek Station
Importance: High

Tena koe Annwyn,

At the Trust Board meeting held last month in Tamaki Makaurau, the Board agreed to attempt to hui with the whanau/some of the hapu of Ngati Aukiwa, currently occupying the whenua known as Stony Creek/Waikohautu Station. We understand this has been attempted many times before in the past but not with this current set of Trustees.

The purpose of a hui would be for both sides to try and reconcile and talk through a resolution that is satisfactory to both parties. Sounds simple but we all know, the matter is sensitive and may take some time to resolve. It may the first of many hui to get to a place where both are agreeable or may be the only hui where nothing is achieved and a stalemate remains.

The Trustees will not be there to re-examine what happened in the past; or the settlement process; or to be verbally abused or harassed. They will attend under the presumption both sides want to find a solution that is future-based, where the outcome is focussed on delivering benefit for future generations of Ngati kahu ki Whangaroa Iwi members.

If you think this is doable, please let me know and together we can start to organise something that suits most peoples availability.

Nga mihi

Geraldine Baker

Kaiwhakahaere Matua

Kahukuraariki Trust Board

Review of Hui a Marama Minutes 28 July 2022 – Correspondence with “Te Umanga” (KTB Published Aug 31, 2022)

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.

Hui-a-Marama-Minutes-28-July-2022Download

Complaint: Kahukuraariki Trust Board – Trust Act 2019 – Beneficiary rights

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

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

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 16th 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

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

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

Kahukuraariki-Summary-of-the-SR-Process-15.08.22Download

Review of Hui-a-Marama-Minutes-30-March-2022 – Correspondence with “person claiming to be of the Iwi (not registered)”

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.

Hui-a-Marama-Minutes-30-March-2022Download