Letter to Ngati Kahu ki Whangaroa Trust Board Trustees

27th June 2014

Trustees of Ngati Kahu ki Whangaroa

I am writing with respect to the conduct of the Trustees.

My clients are concerned that you have spent considerable funds in advance on the basis of negotiating a settlement for Ngati Aukiwa.

The trustees may have some considerable exposure on a number of basis. These are fundamentally failing to operate the trust activities especially as they relate to this settlement process, and the governance and procedural requirements that have not been met. In addition there are issues that due to the conflict inherent in many trustee’s positions they have not acted in the best interests of the claimants as Ngati Aukiwa, as the descendants of the eponymous ancestor Paeara.

With respect to governance there have been numerous occasions where the following has not been implemented.

  • Minutes have not been accurately recorded
  • The minutes have not been confirmed
  • The meeting locations have changed without notification following publication
  • Proxies have been accepted that have not be properly completed
  • Other proxies have been improperly rejected
  • Votes have not been accurately recorded

On the issue of improper exercise of duty, Trustees have been acting contrary to best interests of Ngati Aukiwa as the traditional tangita whenua.

We also draw your attention the fact that in a series of well attended hui in recent months, any right of the Trust to deal with respect to Stony Creek Farm and surrounding land was firmly rejected by the tangita whenua of Ngati Aukiwa.

Be on notice that any attempt to continue to represent as having a right to address these issues will be most firmly dealt with.

Yours sincerely

Gerald Sharrock BSc LlB,

Barristers and Solicitors

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