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Further, the meeting held on the 16th April is minuted as referring to an “AGM:
14th May, 2021 – 7:30pm”. The venus at that point had yet to be confirmed. This
date appears to have been tentative not confirmation as you later relayed in your
email dated 22nd April:
Tentatively we will be holding our Tamaki ki te Tonga District Maori
Council AGM on the
14th of May, 2021 - venue to be confirmed.
On the 5th May, Raewyn Bhana (Administrator) posed the 16th of May for the
“AGM”… "so they can come prepared to vote for committee members", throwing
even more doubt around the actual date for the election.
And then, on the 13th May we received your email stating:
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We will be holding our AGM tomorrow night 14th of May, 2021 at
Papakura Marae from 7:30pm.
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In my view, that round of confusing email notifications does not meet the
purposes of Section 23 (e) of the Maori Community Development Act 1962
where there is clarity around the purpose of the meeting, and the venue, date
and time is provided with at least 3 days notice, not 1 day as was provided.
On the 20thApril I received “the final results” from Karen Waterrus for seven
Māori Committees who held elections in our district” and on the basis of those
results considered we ought to reconsider the previous decision of the 16th April.
This was based on an analysis of the results whereby it appears only 1 of the 4
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Committees that held elections at Druces Road met the recommendation of
having 7 members present in addition to failing to comply with the instruction of
the Triennial Committee to not cross over into other hui. Of course, this may not
matter technically, and it may not affect the end the result, because I am
uncertain as to where the idea of needing 7 members present at elections
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derived from or the basis for the recommendation by the Triennial Committee.
However, it is what we were advised and from the review of the 4 Committee
election meetings held at Druces only 1 Committee, had seven members
present. Accordingly, only 1 of those 4 committees would be valid and able to
vote or to have voted at the District Council meeting.
I fully understand your views and appreciate the work that you and Raewyn do in our community. I
simply consider the process in which those elections occurred failed miserably in terms of meeting
the kind of standards we all expect of each other.
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Nga mihi roi
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On Monday, 31 May 2021, 10:03:17 am NZST, George Ngatai <[email address]> wrote:
Tena koe Romata,
As you would be aware ourTri-Annual meeting for Tamaki ki Te Tonga was supposed to be held on
16 April 2021 however through discussion we had decided as a Council committee to postpone this
meeting until 14 May 2021.
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Maybe you forgot that the meeting that was held on 14 May 2021 was confirmed at our meeting
that was held on 16 April 2021 and was sent out a few days later to those members who were not
at that council meeting for Tamaki ki Te Tonga.
At the 16 April 2021 meeting which you chaired it was announced that the Tri annual meeting for
Tamaki ki Te Tonga District Maori Council was to be held on 14 May 2021. The email on 13 May
2021 was a reminder from myself to everyone as the secretary. What you also didn't mention was
that you brought up issues of why the meeting on the 16 April 2021 couldn't go ahead which from
my recollection and I am sure the rest of our committee that were present can confirm, these issues
were discussed at length and voted upon. It was agreed that those issues you brought up were
able to be addressed and closed and that it was agreed that the tri-annual meeting would be held
on 14 May 2021. At that time you and everyone in attendance agreed that the tri-annual meeting
for Tamaki ki Te Tonga would be held on Friday 14 April 2021 at 7.30pm at Papakura Marae.
Again the panui sent on the 13th May 2021 was a reminder of this meeting.
That said, we held the meeting and we got the result of newly elected committee members for ACT
Tamaki ki Te Tonga.
George Ngatai QSM
Founder and Director of
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The Whanau Ora Community Clinic
a network of medical centres across the country
Phone: 9(2)(a)
Web: www.toa.org.nz
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On Sun, May 30, 2021 at 8:34 PM Roimata Minhinnick 9(2)(a)
> wrote:
Tena ano rawa atu kia koe, e te Rangatira, e Harvey
Nau ra i whakarangatira i nga mahi mo nga Watene Maori, i tautoko hoki i te tu o Tamaki Ki Te
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Tonga me te oranga o ngai tatoui i runga i te roa hoki o ou mahi ma tatou. E hara teneke, he mea
ki te whakaiti i nga mahi nau i hapai. Ko te ahuatanga o enei awangawanga, ko te whakahaere e
kore i atawhai a o tikanga, purongo me nga ture.
In light of the Hon. Minister Willie Jacksons letter dated 27th May 2021 (
Appendix A), the letter
from the NZMC Executive in a response dated 28th May 2021 (
Appendix B), and the legal
opinion you requested from Felix Geringer as provided to the NZMC Executive on 28th May 2021
(
See Attachment A), please consider my response as follows. Whilst focused on issues of
national importance, it does so through issues raised within Tamaki Ki Te Tonga.
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Legal Opinion of Felix Geiringer.
Mr Geiringer considers the NZMC Executive has no authority. It is uncertain what evidence was
used in forming that view as the “instructions” from yourself appear to tell only part of the story.
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This is evident in the way the Elections for the Maori Committees and District Council for Tamaki
Ki Te Tonga were held and appear to be excluded from Mr Geiringer’s consideration.
Mr Geiringer specifically mentioned that my tenure would cease on 31st May as a result of the
Triennial elections of Tamaki Ki Te Tonga. This opinion fails to look at the process by which those
Elections occurred and therefore how the Elections meeting that was called failed to comply with
Clause 5 of the Maori Community Development Regulations 1963.
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The meeting was advertised by George Ngatai (Secretary, Tamaki Ki Te Tonga) on 13th May to
be held on the 14th May without consulting myself as the Chair beforehand. Mr Ngatai was
elected Chair at that hui. I emailed Mr Ngatai prior to the meeting advising against the meeting as
atleast 3 days-notice was required as well as the notice including the date, time and place. (See
Appendix C for email from Mr Ngatai and
Appendix D for response by myself)
Section 5 of the 1963 Regulation says that at least 3 days' notice must be given which were not
in this case:
"Notice in writing of the date, time, and place appointed for any ordinary meeting of a
Maori Association shall be given to every member in sufficient time for the notice to
reach him by the ordinary course of post at least 3 days before the member would, using
the normal means of transport, have to leave his ordinary place of residence to attend
the meeting."
Therefore, the recently held Tamaki Ki Te Tonga elections are invalid in my view and the process
by which elections were held in our District is left wanting in some major respects. The failure to
comply with this regulation, coincides with other irregularities regarding the way Maori Committee
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elections were held in Tamaki Ki Te Tonga that similarly led to the previous NZMC taking legal
action during the previous elections. In particular, the holding of 4 Maori Committee elections hui
in Tamaki Ki Te Tonga, at the same address, same venue and same day where members
crossed over into each other's meetings against the strict procedures recommended by the
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Triennial Committee.
On this basis, the opinion posed by Mr Geiringer is respectfully refuted in relation to Tamaki Ki Te
Tonga and the decision of the Hon Minister Jackson to work through these issues welcomed.
Assuming the role as Chair of the NZMC
As you will recall, on 16th May I wrote thanking you for your email dated 14th May stating you
"have been confirmed by 86% of the NZMC DMC's as the Chair" and requesting evidence to
demonstrate the hui appointing yourself as the new chair met the criterion of “two/thirds” and
whether the person calling the hui had the authority to do so.
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Your response dated 18th May (
Appendix E) admits:
I actually was wrong in saying I received 86% support of DMC’s throughout Aotearoa.
Therefore, we still have no evidence to support the Chairpersonship role you have assumed and
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it would be negligent for the Executive and indeed the Council as a whole to support that role
without evidence supporting the position particularly when the role has been challenged.
Was there a quorum?
In regard, to meeting the statutory requirements, Section 23 (e) of Community Development Act
states that:
no business shall be transacted at any meeting of any Maori Association unless a
quorum of not less than half its members is present.
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By Section 23 (d), says that in case any member is unable to attend, the Association by which the
member was appointed may appoint another of its members by way of proxy.
By Section 4, (5) of the Maori Community Development Regulations 1963, says that “every such
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proxy shall be notified to the appropriate Maori Association.”
And the NZMC Policy Manual specifically states at Clause 1.8 that:
The proxy shall be notified in writing to the Secretary ahead of the meeting.
I refer you to the email dated 11th April 2021 from Interim Secretary, Raewyn Harrison
(
Appendix F) and delivered to yourself and 38 other members. Importantly, Raewyn stated that
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she had not received any proxies prior to the meeting. Therefore, any proxies presented at the
meeting would be invalid. Raewyn wrote:
I have reviewed both copies of minutes received of a meeting suggested to be a Special
Meeting of NZ Maori Council on 6 April 2021. The minutes record those present at the
meeting.
I have reviewed those listed as present at the meeting against the records I hold of the
members of NZ Māori Council—18 members were personally in attendance at the
meeting on 6 April 2021.
If a member is unable to attend a meeting, the District Council who appointed the
member may appoint a proxy for that meeting and that proxy must be notified in writing to
the Secretary ahead of the meeting. I confirm that as Secretary I have received no
proxies for the meeting.
The records show that there are 46 members of NZ Maori Council.
Accordingly, I confirm that the requirement for a quorum in section 23(e) of the Maori ACT
Community Development Act 1962 was not met for the meeting of 6 April 2021.
As the record shows there are 46 members of the NZMC and only 18 members are recorded as
present at the meeting, and “a quorum of not less than half its members” was not present as
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required by S23 of the Act.
This shows sufficient concern not only due to the failure to follow the correct procedures but also
because of the uncertainty assuming the role of Chair has created within our decision-making
process which appears to be pulling us apart as opposed to strengthening our waka.
Did the Chair or Two-Thirds of Members call the hui?
Additionally, by Clause 3.2 of the NZMC Policy Manual, the calling of a special meeting is limited
to either “the Chairperson at any time or on the request of not less than two-thirds of the
members”.
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The meeting was called by your-self and Sir Taihakurei as relayed in Sir Taihakurei’s email
(
Appendix G) dated 31st March 2021 stating:
“a special and urgent meeting of the Council is now called for by zoom on Tuesday 6
April at 6pm.”
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We can safely assume that this calling of the special Council hui was not called by the Chair or
two-thirds of the members and is another glaring failure to follow our policy manual guidelines.
Based on the evidence, the role you have assumed as the Chairman of the NZMC appears to be
invalid because:
·
the Council zoom hui dated 6th April 2021 was not called by either the Chairman of the
NZMC or by two-thirds of the members (Clause 3.2, NZMC Policy Manual)
·
proxies were not provided to the secretary prior to the hui (Clause 1.8, NZMC Policy Manual)
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·
the numbers present did not constitute a quorum (Section 23 Maori Community
Development 1962 and communication by the Secretary)
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Lastly, I note, you considered the issues I raised ought to have been pursued and answered by
those who succeeded me in Tamaki Ki Te Tonga:
The issues which you raise in this email, will now be pursued and answered by those
whom have succeeded you in Tamaki ki te Tonga, and I wish them and you every
success.
That course of action is highly incongruous for the following reasons.
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Firstly, the issues raised ought to be addressed by Council not a single District i.e the issue of
Chairpersonship and whether or not the special zoom hui complied with our legislative and policy
imperatives. These issues ought to now be part of the issues for mediation.
Secondly, as relayed above, the Tamaki Ki Te Tonga elections were fraught with error and failed
to comply with the Maori Community Development Regulations 1963.
It’s unfortunate that things have gone the way they have, because, I have like yourself, been
honored to have worked alongside every member of our Executive over the past 3 years and am
proud of the progress the Council has made for our people through its leadership. And consider
the work that the Tamaki Ki Te Tonga District Council has achieved over the past 3 years,
working alongside our Maori Wardens in supporting the completion of over 100 registered Maori
Wardens in our district to have been exceptional.
Nga manaakitanga kia tatou.
Roimata Minhinnick
Executive Member
Chair Tamaki Ki Te Tonga
Chair Law, Justice & Corrections Committee
ACT
Chair Environment and Climate Change Committee
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On Monday, 24 May 2021, 01:29:49 am NZST, <[email address]> wrote:
TRIENNIAL GENERAL MEETING NEW ZEALAND MAORI
COUNCIL
BRENTWOOD HOTEL, KILBERNIE, WELLINGTON:
SATURDAY 26TH JUNE 10AM – SUNDAY 27TH JUNE
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CONCLUDE AFTER LUNCH.
Tena Koutou Nga Mema Te Kaunihera Maori o Aotearoa,
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Hopefully all Maori Committee and Executive Committee delegates to their District Maori
Councils have held their Triennial Election meetings and appointed their 3 delegates to the NZ
Maori Council and will notify Lynne Raumati 9(2)(a)
of the results or if you have any
concerns.
There is usually a huge manual of papers that come in for the Triennial General Meeting,
traditionally held at the Brentwood Hotel, Wellington and we’ve all experienced board paper
overload.
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Lynne Raumati will send you the papers as they arrive and have been checked for circulation.
Most can be dealt with quickly, without too much debate.
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A couple have already come in and all NZ Maori Council Members are encouraged to contribute.
You will get some of them this week from Lynne.
Lynne Raumati is the NZ Maori Council Secretary and Lynne was reaffirmed by NZ Maori Council
in 2018.
The Executive Director purported to replace Lynne with Raewyn Harrison, but the NZ Maori
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Council did not approve the changeover.
I used to say to Sir Graham & Lady Latimer that I come from the far north of the….. “South
Island” and I actually abide in Nelson the sunniest city in Te Waipounamu. May the sun shine on
us all wherever we abide !!
Thank you
Harvey
9(2)(a)
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