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