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The Labour Treaty Settlement Minister Angry Little attempting his own kinda Ram Raid!
The Rt Hon Minister A Little is trying to ram through the last 5 Hauraki iwi treaty settlements as well as trying to bully the Ngati Rangi iwi into giving in to Paul Majurey.
Link from yesterday’s media;
https://www.nzherald.co.nz/bay-of-plenty-times/news/crown-encourages-ngai-te-rangi-and-pare-hauraki-kaumatua-to-reach-agreement-so-treaty-settlements-can-be-finalised/QZ6C7UZBA5GDPPJSAJ2XEBJA2A/
This ‘Ngati Paoa Settlement Bill’ before the Maori Affairs Select Committee.
The entire settlement process had been plagued with many poorly thought-through decisions by both the Crown and its officials as well as the negotiators and a series of poorly performing boards of trustees, both the Ngati Paoa iwi Trust board and also the defunct Ngati Paoa Trust Board.
There are still some major financial matters that need investigation as there have been no proper, (any) financial reports provided for example; the $15.626m investment made to purchase a shareholding of the Pouarua Farm in 2013 to the registered ‘holding’ company Ngati Paoa Group Investments Limited,(5898250).
The $15.626m is ‘on account’ and is to be deducted from the $23.5m. Other deductions to be made from this initial cash settlement include the $1m Railways Monies which to date have not been reported on fully by the Ngati Paoa Whanau Trust. After many enquiries made to the trust and to the accountants, Beesons who have audited the NPWT account. They still have not provided an adequate set of financial reports.
16 Properties were purchased from the Crown in 2015. Two properties were withdrawn. A $12.3m loan was raised to purchase these properties. To date, eight properties have been sold for approximately $8m. The rest of the properties remain unaccounted for.
What is also unknown are the liabilities associated with the partnership that Ngati Paoa is involved in with the Marutuahu Collective redress settlement regarding the Marutuahu developments, the Marutuahu Ropu General Partnership Limited. With the promotion of these developments across Tamaki, Auckland in Avondale, Mt Albert, and Waterview. Ngati Paoa liabilities are more than $200m. These developments are said to be worth more than $600m-$800m, P Majurey has said many times in the media. – Its the only report(s) ‘we’ get.
To date, since this entity was formed in 2013. The uri of Ngati Paoa have not received any financial reports or any information about what the risks are to these developments or how they are being funded.
This settlement also makes Paoa a party to the Pare Hauraki Collective Redress Bill.
In 2018 , in Manukau. 252 people voted against the signing of this settlement! Less than 44 people agreed. Somehow the Crown accepted a vote from a second group that was put together after the original official vote was taken. Where is the Tikanga in that process.
2020-2023: This last group of unelected self-appointed ‘trustees’ for the Ngati Paoa iwi Trust. They did not have a proper quorum of 5 trustees. In 2021 two resigned and in early 2022 another resigned. The remaining trustees were unable to form a proper quorum. No minutes for this entire election process have been provided to the many uri that have continually made requests since 2020. Which is a breach of the Trustees Act and also the Companys Act with regard to the financial reports or lack thereof let alone the Deed.
They removed the descendants of Paoa from the election process by cancelling the registration of the uri of Paoa. They then cancelled the election claiming no nominations were received and then they elected themselves unopposed. These current unelected trustees have no shame.
The current unelected trustees removed the three marae from the registration and voting process by cancelling the election. They did not involve the Kaumatua of those Marae in any validation of the whakapapa process because it was cancelled. Tika & Pono was not a consideration at any stage in their gerrymandering of the election. The current unelected trustees need to be removed immediately and a statutory manager be put in place, appointed by the Auditor Generals office.
In the past 4 elections for trustees. No more than 380 people get to vote. However, there are more than 4,500 that claim to be affiliated. We only have 3 Marae. Somehow we have 57 Hapu. This does not make any sense nor does it make any sense in reality. For example, Tainui-Waikato have 90,000+ registered members, 33 Marae and 28 Hapu.
Not one set of trustees has explained how this has come to be. The ‘Bill’ doe not make it any clearer.
The ‘deal’ outside of the settlement, the Pt England Commercial ‘deal’ will need another loan to be raised for approximately $12.2m if this commercial deal is to be pursued.
As this treaty settlement offer stands as I write this submission, it burdens the iwi with more debt and liabilities that no proper responsible person, trustee(s) would agree to if they were to take their fiduciary duty and legal obligations seriously.
This treaty settlement bill is not worthy of progressing to any further stage.
This bill and all its contents as well as the financial omissions within and unaccounted for from the current and past trustees, who have neglected their duties and obligations therefore these matters that I have raised must be fully investigated. This bill leaves more questions about the sustainability and security of the Settlement than it does otherwise.
I therefore request that a full and complete Administrative Audit be undertaken as well as a Financial Audit be done by the Auditor Generals office as soon as possible. This is the only proper thing to do to prevent another grievance.
I do not support this Bill. I wish to speak to the Maori Affairs Committee.
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18 August 2023
Here (below) are more documents from the NPiT website that, if you believe, are correct (or not). They (NPiT) are ‘technically’ insolvent.
The financial reports from the NPiT are incomplete and unaudited and not signed.
FINANCIAL STATUS
To recap from the NPIT Information hui held on 19
February 2022 the financial status of NPIT was:
1) No funds and no staff – NPIT did not appoint any staff
due to the $500k overdraft and the board worked
towards resolving the overdraft;
2) No spending – all expenditures ceased due to no pūtea, therefore expenses were reduced considerably, but still receiving increasing overdraft fees. Board members and our Ngāti Paoa whānau worked voluntarily; and
3) No access – NPIT had no access to Xero or BNZ operational accounts. It had taken a considerable length of time and process to get access
[PAGE 16, NGATI PAOA IWI TRUST ANNUAL REPORT 2021 – 2022]
Link to the NPiT website;
https://www.ngatipaoaiwi.co.nz/
Furthermore, the 14 properties are unaccounted for. 4 properties do not appear anywhere on the NPiT financial report(s) or within the NPGH Ltd Annual reports.
The Ngati Paoa Group Holdings company 2013-2023 – struck off/deregistered for not filing the Annual Financial Return(Accounts) 2023
Furthermore, the audited accounts from the previous trustees/directors of the Ngati Paoa Group Holding Ltd company need further scrutiny as there seems to be poor management and Directorship of the Holding company by the two directors, B Rhind and M Forbes.
https://app.companiesoffice.govt.nz/companies/app/ui/pages/companies/4747860?backurl=H4sIAAAAAAAAAC2LQQrDMAwEf%2BNLD3mBKD31kkMg%2FcBiidTQyKolF%2FL7mpDbzjA7GTbxKdfdoGUsF7T8vu%2BVhTygjMYpDhMSjRIjSV%2FSDVFuhooE%2FkGz8AKVD0Xrks7weI2P02OeL14D0f3ZardT%2FwFjGzkBegAAAA%3D%3D
“This company is now overdue in its obligation to file an annual return. If the annual return is not filed immediately the Registrar will initiate action to remove the company from the register.
The Registrar of Companies has initiated action to remove the company from the register and public notice was given. The objection period has lapsed and the Registrar will continue with the removal process unless an objection has been received.”
Then the ‘phoenix’ Ngati Paoa holding company is (re)registered. And there doesn’t seem to be any current Annual Returns report(s) recorded for the company.
Also, the Pouarua Farm, a parcel of shares worth, $15,625,000,000 (29.21% shareholding). There have not been any reports and Annual Financial reports on this investment other than in 2016 at Wharekawa Marae.
The NPGH Ltd accounts do not show any returns on this investment nor does the NPiT.he Ngati Paoa interests within the Marutuahu Collective redress settlement bill.
Ngati Paoa is compromised and is liable for these developments. However, Ngati Paoa has no (Direct,) involvement in any decision-making for any of these investments worth hundreds of millions of dollars. This all has been unreported. No Financial Reports have been provided to the iwi since 2013 from the Marutuahu Ropu Group Holding Ltd and the Marutuahu General Partners Ltd.
This is the only information that is available.
https://www.nzherald.co.nz/business/council-selling-marutuahu-ockham-partnership-158ha-in-avondale-for-750-apartments/VCZLIEDBK56XESPVDJIQOEWYPY/
Marutuahu/Ockham and Kainga Ora via HUD infrastructure funding
https://www.nzherald.co.nz/business/new-multi-billion-dollar-village-planned-for-owairaka-mt-albert-by-marutuahu-ockham/OHN4SJNAJ5VSQMGCRTC5CKA4ZQ/
In October 2016 an agreement was signed with Marutuahu Ropu and Ockham Residential Limited to develop vacant land for new houses in Auckland.
https://www.nzherald.co.nz/business/the-affordable-mt-albert-apartments-with-a-pool/QI5TQUHBBEHTR5QMLQXXJW3GZ4/
(Marutuahu Ockham(MO2, 3, 4, 5) have had $23m of funding from the Pare Hauraki Fishing Ltd entity)
There are also issues surrounding the 1993 Railways Settlement monies and discrepancies with the organisation responsible for the $1m settlement. The Ngati Paoa Whanau (Registered Charity) claims to hold these funds. Their appointed accountants Beessons of Onehunga refuse to confirm this and so do NPWT trustees. This matter needs to be investigated as well as all of the matters that are contained within my submission and this document too.
There are more questions to be asked than all the claims made by the current unelected trustees about their financial reporting and financial status.
Also, what creates doubt about these trustee’s competence and accountability to perform their duties diligently is the lack of transparency by which I mean the numerous requests made for minutes going back to 2020. They have refused to provide any minutes when uri make those requests.
And Angry Little does nothing to get to the bottom of any of this and investigate all of these matters that have been sent to him and his officials over the years many times.
With less than 10 sitting days left for them in parliament I’m betting he’s gunna try to ram these settlements through the House to score ‘Brownie’ points for himself.
He needs a kick in the….
There’s a stench across this, no doubt. Mr Majurey seems to have a lot of fingers in a lot of pies…
You probably are right LB but the councils Remuneration and Appointment Committee doesn’t seem to be bothered about him.
Phil Wilson -CEO
Dear Daniel(Newman)
I wish to formally record my concern about the council’s proposed Eke Panuku board chair appointment process,
I am writing in the context of the PWC report ‘Auckland Council Eke Panuku – Conflicts of Interest Controls Assessment’ 1 December 2022.
As you know Council commissioned the report in response to a formal complaint from Ngāti Whatua Orakei about perceived conflicts of interest in the decision making processes of Eke Panuku. The complaint was evidently an outcome of concerns within the market, some of which were subject to news media stories such as these:
https://www.nzherald.co.nz/business/council-selling-marutuahu-ockham-partnership-158ha-in-avondale-for-750-apartments/VCZLIEDBK56XESPVDJIQOEWYPY/
Marutuahu/Ockham and Kainga Ora via HUD infrastructure funding
https://www.nzherald.co.nz/business/new-multi-billion-dollar-village-planned-for-owairaka-mt-albert-by-marutuahu-ockham/OHN4SJNAJ5VSQMGCRTC5CKA4ZQ/
In October 2016 an agreement was signed with Marutuahu Ropu and Ockham Residential Limited to develop vacant land for new houses in Auckland.
https://www.nzherald.co.nz/business/the-affordable-mt-albert-apartments-with-a-pool/QI5TQUHBBEHTR5QMLQXXJW3GZ4/
(Marutuahu Ockham(MO2, 3, 4, 5) have had $23m of funding from the Pare Hauraki Fishing Ltd entity)
It would be a grave error to constitute the findings of this PWC report as giving Eke Panuku a clean bill of health on its conflicts of interest controls and commercial decision processes.It certainly does not.
Without quoting at length from the report, it is very clear that PWC found worrying failings within Eke Panuku on the question of Conflicts of Interest controls and therefore the possibility of conflicts of interest and or perceived conflicts of interest in its commercially significant decisions. Ngāti Whatua Orakei are by no means the only party in Auckland which has these concerns, Auckland Council obviously thought these concerns were significantly concerning to commission PWC to investigate them. No doubt at significant ratepayer cost,
In regard to this PWC report one can draw conclusions from the ‘key messages’ and ‘Identification of COI’.sections. For instance PWC points out that despite warning the Council in an early report in 2020 “The absence of robust mechanisms to identify and manage perceived and actual COI would erode public trust in Eke Panuku,”
These failings must reflect on the management and in particular the board of Eke Panuku, including its chair who is the director of 22 registered businesses,
However my primary concern in writing to you is not the identified COI process failings within PWC. Concern lies within Auckland Council itself and in particular the workings of this committee.
In dealing with the reappointment of the chair of the Eke Panuku Board, I am very concerned that the Council conflict of interest control mechanism in this important and sensitive decision could be as every bit as weak as those pointed out by PWC in Eke Panuku.
In particular I must express concern that IMSB chair David Taipari will be involved and voting in the committee decision. I believe this constitutes a clear conflict of interest in that Mr Taipari is a close, long term associate of Mr Majurey. Apart from being whanaunga and fellow leaders of the Ngāti Maru iwi, I am advised that the two men are also business associates being fellow directors of at least the following companies:
Marutuahu Ropu Group Ltd
Tikapa Moana Enterprises Ltd
WRDP Consulting Ltd
Ka Uruora ki te Raki Trustee Ltd
I would therefore request that the EKe Panuku board chair decision of the performance and appointments committee tomorrow be postponed until the matter of Mr Taipari’s apparent conflict of interest is resolved.
The PWC report into Eke Panuku makes reference to the matter of ‘public trust’ several times, referring to ‘maintaining public trust’ ,‘erosion of public trust’ and the need to ‘ensure public trust’.
I would be a supreme irony should public complaints about perceived conflicts of interest be also made against the Auckland Council and its board appointment process in this particular instance.
Because of the nature of my concerns I am also copying Phil Wilson into this email,
The PWC report advises ’The council should reassess the risks posed by COI [conflicts of interest] to the integrity of Eke Panuku’s operations and maintaining its public trust against its Director appointment policy settings, to determine whether its board appointment policy is fit for purpose’
I would suggest taking steps to avoid this obvious conflict of interest would be in accord with the PWC report advice,
I must apologise for sending this email so late in the day but unfortunately the seriousness of the situation warrants this.
Some councilors told the Rem. and Appointment committee.
In less than 48hrs of the submission process ending on Wednesday night. They get told by the Crown, Select Committee, and legal advisors they’re f..k’d and need to hold a legitimate election. Another f..k up on the way
What is Taitarakore? It is turning up in my google a lot – for what reason I don’t know. Sounds Maori but I can’t see why my page is sometimes filled with headings under this word. This doesn’t help my information seeking. I do not want the quality of delivery of information to decline, as noticed in searches on TradeMe and in our public library also where a search throws up irrelevant and unhelpful, poor examples in the midst of appropriate ones.
I suspect theyre trying to say something about, or something to mean useless leadership? Or useless title, or name?
That’s my best guess as I’m no expert in the Maori words or language, there are plenty of others that are.
The Government’s intention is that the House will rise on Thursday the 31st of August and Parliament will be dissolved on Friday the 8th of September. Writ day will follow on Sunday 10 September 2023, and nominations will close at noon on Friday 15 September 2023. Advance voting will start on Monday 2 October 2023.