Tēnā rā koutou katoa!
Hei tīmatanga, me tangi ō tātou mate. Haere koutou, haere, haere, haere!
Engari anō tātou kua mahue nei, me te pōnānā ki te whakakīkī i ngā whāwhārua! Me mihi tonu ki a rātou i tuku mai i te whenua hei tūranga mō tātou. Kei wareware nā wai mā i tuku iho, ā, mō wai mā hoki ā tātou mahi o ēnei rā!
It has been some months since we reported on Trust activities. We have been working on a range of matters that have taken some time to work through, and we are now able to provide this update. Many owners participated in the engagement hui last year and the subsequent postal voting and we wish to acknowledge everyone’s participation and feedback.
New Trustees
Georgina Whata and Renee Kiriona were the two highest-polling candidates at last year’s election. However, prior to the Māori Land Court hearing, Renee withdrew for personal reasons and the next highest polling candidate Geoffrey Rice was put forward in her place. At the Court hearing on 6th July 2023 Judge Coxhead was satisfied with the process and quality of the candidates and appointed both Georgina and Geoffrey as Trustees. We now have 7 Trustees in total.
Rotation Provision for Trustees and Hapū endorsed seats
Last year’s postal vote was strongly in favour of a variation of the Trust Order to provide for the Rotation of Trustees and the provision of 3 Hapū endorsed Trustee positions. We have given a great deal of thought into the logistics of this process and how best to ensure there is stability and continuity going forward and an efficient, cost effective and robust process that meets owners’ expectations to:
- ensure a regular opportunity for Trust owners to decide on their Governance team;
- provide for 3 of the Governance positions to be endorsed by each of the hapū of Ngāti Rangiteaorere, Ngāti Uenukukōpako and Ngāti Rangiwewehi, and;
- establish criteria based on a CV showing experience or an ability to contribute to land governance, and/or financial management, and/or tikanga Mā
One of the major concerns we identified was the time it takes to process applications for trustees to be appointed through the Māori Land Court, which in the case of Georgina and Geoffrey took 7 months to achieve. This is unacceptable, and impacts on Trust operations etc. We are not alone in this regard,: land trusts around the motu are expressing frustrations at the inefficiencies of the Court and the impacts on us as owners of Māori land. Therefore, the rotation and trustee election process has been drafted to reflect a better and more efficient way forward.
The detailed Trust Order variation that has been prepared and submitted to the Māori Land Court for approval can be viewed on our documents page.
The Trustees will be appointed as 7 directors of a Trustee Company, appointed by owners on a rotational basis by way of elections, and with the hapū endorsement requirements as above. There are a number of advantages:
- The directors can be appointed directly without waiting for the next step of Māori Land Court hearings, removing the uncertainty and inefficiencies that have occurred in the past;
- The Court remains a vital protection for owners to hold directors to account. Accountability of Directors and Visibility of the Trust activities by the Māori Land Court under Te Ture Whenua Māori Act is preserved.
- The trustee company model is similar to how Māori Incorporations operate, and is appropriate for the Trust given the scale and complexity of future development on the Trust Land;
- The director responsibilities to exercise good governance are increased as they are subject to the Companies Act obligations, as well as Te Ture Whenua Māori Act.
- Administration costs are reduced as Trust documents will be held in the name of the Company Trustee and will not have to change every time a trustee changes.
The initial 7 Directors will be the 7 current Trustees. This change will ensure business as usual and is consistent with the Owners’ resolution. Once approved the next election of 2 Directors will be held in 2024 and in 2025 the remaining 3 Director positions go to election as Hapū Endorsed positions. Directors’ positions will be for 4-year terms thereafter. The Trust Structure will then look like this:
| Tumu Kaituna 14 Owners
(elect directors) | |
||||||
| Tumu Kaituna Trustee Company Limited
| |
||||||
| Director
(2023) |
Director
(2023) |
Director
(2024) |
Director
(2024) |
Director
(2025 |
Director
(2025) |
Director
(2025) |
| Māori Land Court under Te Ture Whenua Māori Act – Companies Act | ||||||
This application has been lodged in the Māori Land Court and a hearing date is still to be set. Owners who wish to make submissions on the application are welcome to do that direct to the Court in Rotorua.
Infrastructure Corridors and Active Reserve
The third resolution from last year’s postal vote was to negotiate with the Tauranga City Council the granting of Access and Use rights to the Trust Land for Infrastructure Corridors and Active Reserve through easements or long-term leases. No Trust land will be sold. Furthermore, there are opportunities to obtain more land back into our ownership as compensation for the easement/lease. We have spent a great deal of time working on this and we are hopeful of bringing a proposal to our owners to consider early in the new year.
Trustees have recently met with the Tauranga City Council Commissioners to discuss development at Te Tumu. It is apparent that the council are under financial constraints which is resulting in their prioritising capital works, resulting in a deferment of the Te Tumu Development. The Council have issued their draft Long Term Plan (available through their website) and of concern is the indication that actual housing development at Te Tumu may not start until 2040. Submissions on the long term plan closed on 15th December and the Trust has lodged a submission consistent with the outcomes of the Owners engagement hui and resolutions, and objecting to this delay. The sooner we can get landowner approval for the land proposal, the sooner the council can prioritise the Te Tumu development. If Owners wish to view the Council’s draft Long Term Plan it is located here.
We have also recently made a presentation to SmartGrowth on development at Te Tumu. SmartGrowth is a committee formed with representatives of local authorities and Tangata Whenua to provide Strategic direction for the Western Bay of Plenty. Information of SmartGrowth is on their website.
We will also participate in a series of hui with Tangata Whenua on the Te Tumu plan change proposal.
Owners’ Hui
We are planning on holding an owners’ hui on Saturday 24th February 2024 to report on our activities and to bring owners fully up to date. A formal notice will be issued closer to the date.
We have made good progress in locating owners since 2017 when we held contact addresses for 1380 owners. Currently the Trust holds addresses for 2038 owners, an increase of 46.7%. The total number of owners in the Trust is 5380 so we still have some way to go, and we encourage everyone to reach out to whānau to update their contact address. The best way for owners to register with the Trust who have not done so, is to email the share registrar at nzrotoruaenquiries@deloitte.co.nz for a registration form or via our Contact Page.
Owners can view historical information and latest updates on the Trust website and provide feedback through the Contact page.
We take this opportunity to wish you all a happy and safe festive and holiday time with your whānau.
Nō reira, koina ā mātou kōrero mō tēnei wā, hei āta wetewete, hei āta whakaaroaro mā koutou, otirā, mā tātou katoa!
Ka makere iho te marama ki te one i Te Tumu … oi kau ana te tai!
Ka nui ngā mihi ki a koutou katoa,
Malcolm T Short
Chair
