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Under the New Zealand Settlements Act 1863 the government confiscated 1.2 million acres (486,000 hectares) of Maori land in late 1864. Kemp in The Horowhenua was forced to give and sell land to the Government agents who wanted legal fees, cheap grazing and survey costs which were unknown at the time. Maori lost a great deal of its lands and
Pākehā settlers would occupy the confiscated land while successive governments would bring in new laws like the Public Works Acts to confiscate even more lands. The Government in 2012 will not negotiate with the direct descendents hence urban authorities with indirect links to our direct descendent lines are now taking place yet it is an injustice to Maoridom. Letters to Ministers as of March 2nd 2013 have gone unanswered with even our Maori MP's turning a blind eye.
LAKE HOROWHENUA NATURAL DISASTER LAKE IN NZ
The lakebed, dewatered zone, islands and the Hokio Stream are owned by beneficial members of the Muaupoko tribe 1511 of them in 81 shares, as determined by the Reserves and other Lands Disposal Act (ROLD) 1956. The lake waters Muaupoko Domain, dewatered zone and one chain reserve strip in front of the Muaupoko Domain are vested under the Reserves Act 1977 in the Horowhenua Lake Domain Board. To date they have achieved nothing and even today sewerage is released into the Horowhenua Lake by the Council when it is overloaded.
The lake Trust has been around for many years and have had problems over the Government and Council enacting what they suggest. Trustees are voted on by whanau and not by their intelligence or their expertise so voting is swayed by numbers. Those with small whanau are misreprented by the Trustees who view having owners meeting is a threat to their intelligence.
HOROWHENUA LAKE TRUSTEES 2013
Lake nursery removal of 2 perfectly good buildings
In 2012 this group of Lake Trustess would meet to discuss the impact of the various issues facing the Lake restoration. However in so doing they created division where the Chairman at the time Jon. Proctor would not liase with the other Trustees on all matters and there was a breakdown in their meetings with the Domain Board who needed verification on certain issues thus delaying developments. The ironic thing is the Domain Board seems to discuss issues but can never start a cleanup water plan.
Many of those Trustees elected either do not attend or when it suits them will go to a meeting as and when they feel like going but also some meetings were held without 7 days notice to all Trustees. Certain issues were brought to the attention of Judge Harvey at the Maori Land Court Nov 2012 on matters regarding the disposal of a Land rover; 4 wheel bike, computer etc all to no avail yet in the 2005-2006 Accounts they were present. A letter was sent to the Court and the Judge needed more evidence when in fact all he needed to do was ask for the Statement of accounts to the year 2012 which would solve the matter. The person involved wanting these minutes and financials has been told by the Maori Land Court that the Trustees will furnish the same. As they do not it seems have complete minutes a letter was sent to the MLC Registrar for his attention on the matter. Roger Downey of Todd Whitehouse has also asked for a meeting with the Trustees on the status of the use of the buildings under the Domain Board and no replies to 2 requests as at the 8th April 2013 Domain Board meeting?
The other main issue was having suitable skilled members in the Chair, secretary and treasurer positions and this also has not been successful not just with this trust but also with a lot of Trusts in the Horowhenua eg. Hokio A & Township Trusts? Poor management skills, families putting their own members on board with zero skills and little input etc.Over many years now Trustees are not trained or have any formal trustee skills so that individuals know their roles and duties as responsible Trustees. This has remained in 2013 with the Horowhenua Lake Trustees all to the detrimental of the beneficial owners. Some Trustees are not even owners x 4?? so have not succeeded as owners.
In 2013 the new Trustees are also inexperienced at their roles with one Eugene Henare as Chairman using his position to propel himself to carry on matters without the full Trust. The Secretary Kerry Hori Te Pa was only liasing with whoever she wants & not knowing what to do; matters were not tabled properly; 7 day notice ignored, Trust orders completely ignored; emails bouncing to certain people as against those who have no PC & the Chairman as said not communicating on all matters with the whole Trust.
LAKE NURSERY BUILDINGS REMOVAL
On Monday 9th April after the NEW Chairman Eugene Henare was elected by certain Horowhenua Lake Trustees decided to take it upon himself to remove 2 Lake Nursery buildings on the pretence of removing Philip Taueki. An urgent Court sitting on 2 counts: Interloctury injunction on the Removal of the 2 Nursery Buildings and Removal of the Lake Trustees for breaching orders. Henare used a "contractor" Mackie Nahona to remove the buildings using a made up minute paper [ not discussed with the trustees] to convince the Police to act as well. No notification to any owners that these buildings were to be removed and no unanamous decision amongst the Trustees. Those who voted for removal of the buildings: Robert Warrington; Marakopa Matakatea & Jonathon Proctor ; Kelli Tahiwi; Keri hori te Pa, Brendon Tukaupua-- His brief rein was to be short lived.
Eugene in his short lived reign. Photo from www.stuff.co.nz to read more on this topic
Eugene in his capacity as Chairman took individuals down to start removing and evicting the tenant who had an agreement by the previous sole Trustee Mark Stevens to live at the Nursery Building. Now the tenant was being evicted on the pretence the 2 perfectly OK buildings were to be removed yet the rowers who also had no lease were allowed to stay. Inspector Harrison of the Levin Police was reminded that the tenant's bail conditions mean't he had to stay here and no eviction notice was presented to the tenant for his removal. Instead he was forcedly removed by the Chairman & his friends acting as buffoons. 30 March 2013 Henare & others smashed the power box and is now responsible to replace the same paying himself & tried to disconnect the water which is a breach of the s193 Local Govt Act. Not having the right paperwork makes his situation even worse as he has breached Trust orders on not one occassion but a few. The tenant who had a verbal lease arrangement with the prior Trust.
The hearing in front of Judge Doogan on April 8th in Levin District Court both parties were present and the Judge has ordered Henare to produce minutes of the meeting within 10 days. Of course it will be a rush to have them as they have no minutes and what he used at the Lake were made up to show the Police so now even the Levin Police will be in a somewhat embarrassing situation. It seems also the writeups to the Manawatu Standard Media reporter MATHEW GROCOTT have been a bunch of lies as Mathew is ione if the best reporters to be found for his role in reporting matters without being biased on affairs like the Lake. So now we will await the next move from the Court but as one can see even in 2013 the Horowhenua Lake Trust is dysfunctional bar for a few who actually abide by Trust orders and who are there for the owners and not themselves.
[ Read the Manawatu Standard reporters report ] 09/04/2013 MATHEW GROCOTT
THE ACCORD PROCESS
With the Council now seeking an Accord to clean up the Lake local Iwi have now banded together to form a community team to assist in the clean up with Pare Raukawa. Some members of the Lake Trustees tried to pass the Accord and have it signed but those that stuck to their guns like Kaumatua Charles Rudd and Vivienne Taueki & Wayne Hirinui who are for the people not themselves blocked the necessary signing which would mean the Council would lead this Accord and could then dictate the outcome or the delays. But in saying that no statements from the Lake Trustees are ensuing owners that all is well. They do not notify any owners by way of statements so hearsay explodes the situation. This is the problem as Trustees do not take it upon themselves to match statements with words in the media so all parties are aware & owners rely on these people as Trustees yet how can one trust when they carry out individual agendas.
On Sunday 5th May 2013 Lake Trustees meeting at 10am
to elect a new CHAIRMAN
On Sunday 5th May 2013 the Lake Trustees held a meeting at 10am in Thompson House Levin with a motion to dismiss the NEW Chairman Eugene Henare and replace him due to the problems of the Lake eviction which is ongoing & the Chairman not following the Trust order. Although this is now with the Maori Land Court most of the Trustees voted for his removal apart from Viviene Taueki & Charles Rudd who was not even notified properly. However this could change once the Judge reads the minutes of the eviction process. Also present were concerned owners in Horowhenua Lake Block who needed to know what the status of the Accord with the Council was all about. The new Chairmen elect Mathew Sword [ not an owner] stated this Accord signing was just that. But in saying that what will the Council now think? will they see funding as the next step of their cleanup plan or will they follow Max Gibbs report on cleaning water lillies with Chinese lawnmowers etc. It was not an Accord obligating the Trust to commit to whatever the other Accord members signed and the signatories could walk away from it at any time???---- quoted by J. Proctor and Matt Sword? Well as there is nothing in writing as yet we will see. Notably owners eg. Peter and Paul Huria and Mackie Nahona presented facts about the Rold Act and how important it was for whoever to clean the lake bed sludge--not the water, land, etc but the lake bed. Also that protected us. Other issues were lack of communication by trustees and Trusts--in fact no communication. But lets see what they will do as they promised. The owners left at 2pm and the Trust continued with their committee meeting.
AN ACCORD THATS NOT AN ACCORD:
On the 16th May 2013 Te Kooti Whenua Maori sent us the Horowhenua 11 [Lake] Block Injunction notice Section 19/93 with a Accord Draft the first we had seen. We have been asked to pass comments to the Court on this matter which we have proceeded to do.
WHAT ABOUT VIEWS FROM THE OWNERS???? wheres the meeting of owners to discuss
A futher meeting was held on Saturday 18th May 2013 and the Lake Trustees it seems want to sign the Accord without notifying the owners yet they say they will hold a meeting of owners but then say why do they have to even run back to the owners each time they have to make decisions. At this meeting the Lobby group lead by Kaumatua Prof Whata Winiata met with the Lake Trust and with his experience it is hoped the Lake Trust can work with the group as a group. But no mention of a meeting of owners to discuss the Accord yet again?
But no owners have even viewed the Accord draft nor been told about it---why???.
It has been said a draft accord plan has been made up by one Kevin Hill [ is he a lake owner as does not appear to be?]---- He Kotuku Rerenga Tahi the Accord on the 14th May was drafted up----yet no owners again have been advised nor Kaumatua council meeting held to discuss this draft. Now will the Lake Trust hold an owners meeting before they sign this Accord or will they go ahead and sign regardless therefore letting the Council off from the contamination they did to this Lake. So with little liability to even get the Lake back to its former self they can now relax. Just what the Council want and the Trustees of course signing the owners rights away with zero compensation--is this dumb or are these Trustees negligent. But theres more. Well as the Council have already said they intend to put no monies of their own into the Lake Restoration they are relying on grant funded money from the Government which can be spent on the 11 dotted plan of Gibbs. The Lake is envisaged to be supposedly cleaned up in 15-25 years or so but in fact will never be cleaned as theres been no game plan to take the sediment out which is the main problem as this Lake is a GIANT TOILET THAT SOMEONE FORGOT TO PRESS THE BUTTON & always will be uintil the sludge is removed permanently and only then.
If the Council apologized for the pollution they put into this Lake they will not be obligated to do a thing as the Lake Trustees have let them off from their obligations & us owners can do nothing. But some owners may believe the Lake Trust has plenty of capital to not worry about a cleanup and they vote for the Accord not realizing the Lake will never be cleaned??? But in saying that have a look below at just what they have accomplished in the kitty over all the years in the bank. They have been Trustees for us owners, have no money to invest into the Lake Restoration, have no guarantees of monetary expenditure committments from any parties in the Accord yet they are signing an Accord with no consideration or input from us owners.
You as owners have received nothing from this Trust and never been told what they have got out of the Trust in their positions as Trustees.
As you can see theres only book value on the Buildings the Lake Trust wants to take off the land owned by us onwers. The rest of the current asset base is zero?? so what happened to the assets. Owners need answers!!!
But theres more as the case goes to Court with the buildings, injunction and the filing to have the Trustees removed still on the cards. Now ask yourself whose paying the lawyer for the Lake Trust? is the $49k about to get depleted as this case progresses. Incidentally the MLC fund has dried up so no monies there to pay the legal fees. More to come but overseas owners need to ask questions--- it in the public interest we raise these concerns as owners in the Lake as they are spending our money on waste when these matters could have been avoided--read the minutes as they will be up soon as then ask yourself as you read what each says.
AN ACCORD MEETING WITH COUNCIL
A meeting ----- On the morning of Thrusday 30th May 2013 the Horowhenua District Council deliberated a meeting of the Lake Trustees and Horizons on the Accord at 7.30am. This meeting was not advertised nor any other owners invoted to the meeting. The discoussion was intended we believe was to get consensus on an Accord that we as owners have no input and still have zero input. Considering those non owners on this Trust x4 can vote in favour on the Accord if it was a majority vote the take was undertaken not to sign due to the owners again not being consulted. The funny thing is why was it convened at 7.30am on this day. Fortunately some Trustees were against this as was Horizons which is great. They smelt a rat. Then ask those trustees who want to sign their understanding of the priorities & you will get a zero answer. Thats the calibar of these Trustees.
The Lobby group of Muaupoko and Pare Raukawa met with Horizons this same day yet were not notified by the Lake Trust of their intentions of this meeting today?? Why not or is it that some Trust members are looking for jobs for themselves with the Council as some have had in the past. This Group is a joint group of owners and affected tribal affiliates on the stream that affects all. It is ironic that still the Lake Trust meet in these circumstances yet still do not forward a date to meet with the owners. Now read what this Draft Accord states and then ask yourself did you see anything about removing the sludge or monitoring the inlets to stop mores sediment flowing in. We never saw it. So with a $5m Central Government grant what do you think the Horowhenua District Council plan to do to use this money for????? Then ask yourself why are they not coming to the party to clean the sediment out of our Lake.
Horizons started monitoring the Lake & fish species but this does not change or solve the real problem--the sludge.
The blame is on all Maori not thinking and getting their act together. Too much bickering and nothing being achieved. Disgraceful.
All are too blame