MUAUPOKO TRIBAL AUTHORITY

WHY THE GOVERNMENT NEEDS TO LOOK FURTHER

With funding by CFRT the Crown Forestry Rental Trust and Te Puni Kokiri and not forgetting Fisheries money the MTA has a reason to get a mandate to run every claim including Wai 108. They own Wai 52 whose original claimants have all passed on. Those now running this claim have in the most part never been involved in Maori affairs in the tribe running back over 20 years with some not having indirect whakapapa not direct to Maori Chiefs. All of a sudden everyone started sending in claims most thinking a pot of gold was in line for them yet had never had any input in the affairs of their tribe--the same has occured with Muaupoko with 23 claims with a lot not having a real hands on knowledge of exactly what they are claiming for. In every tribe whether its in Africa or Asia or the islands history has alway shown it is the fittest and strongest who lead and continue the in blood lines. This then allows for the contuation of strong blood lines in a grouping and maintains the structure of a tribe just as a matriach in the elephants animal kingdom leads. Tribal is tribal---direct is paramount.

However, an iwi or tribe in NZ can lose all the money they receive from the Government of NZ is easy to fathom. Wai Claims allow urban authorities and those with indirect whakapapa or geneology to start and form trusts to receive such monies from the Government starting off to facilitate social services. The Government of course wants to wash their hands of these cases so they quickly aim to have direct negotiations with authorities who have no experience apart from being able to manipulate their followers by a numbers game. Once whoever has a mandate its hard to reverse. Its always been the same with Maori tribes and always will. Some in the family structure receive all the jobs and those smaller entities of families miss out as their voice is never heard not forgetting the quieter ones who say nothing. But its not just in NZ. Its tribal and where it is tribal its the norm world wide the fittest win the not so fit lose with not many rules in the game.

But those who run these Trusts have never experienced having funds to play with and as with Ngati Tama it was a loose closed shop to do as they pleased. With Muapoko its the same. Not one of the promoters has ever invested their own funds at risk yet now want to go direct negotiations with the Crown behind closed doors to receive whatever the Crown will give them the apply to what they think is a good investment.

The Crown doesn't care as they want this all over and they do not care about the children and the families who will gain nothing--that being the majority of the Maoris in the group tribe under the claim territory. The lawyers of course charge what they like and the Justice system does not even vet what is paid to these lawyers nor the applicants whose claims they are on the back with know. The claimants are not told until after the Legal Aid is paid to the lawyer then a simple letter is sent to the Claimant to say the Justice Dept Legal Aid have OK'd the payment to such and such for the hours of work they have claimed for---& its in the 10s of 1000s as some of the commericial big wigs charge I have heard $400NZ an hour---not bad for writing a fee letters. But they--the Legal Aid Dept do ask the applicants if they have a problem with the payment after saying they have paid the lawyers?? now is this crazy. But of course things happen and as the claims progress of course of action by some lawyers is that they are thinking this is the best opportunity to fill their pockets up and decide to buy property under a mortgage. Well as at June 2012 there seems to be a go slow with payments as too many lawyers---yes apparently Ngati Raukawa have around 52 lawyers on the pay roll so I hear?? are all in for the kill. I can also see why the Government want a quick solution as costs escalate.

The lawyers for the claimants x4 and approx 22 claimants setup an MCC Muaupoko Claimants Committee as they were locked out by the MTA who want to use one claim for all. Wai 108 wanted to stay Independent AND has done that as the cluster is made up basically of one whanau & the meetings are not well organized nor attended---they were told they must join a cluster which we did not want to join?? as many claims were filed for families with no knowledge of exactly what they were claiming for. TMeetings were just a voice for a few and they never came to anything. Not one thing was established. The lawyers were in effecdt working against any solution as they never worked together and it continue to flounder.

But it was time for an AGM. The AGM of June 8th 2010 came about and in Sept 2015 things started to change..

MUAUPOKO TRIBAL AUTHORITY AGM 2011

The MTA AGM at Pariri marae 10am 19th June 2011, I attended with Moana Sinclair LLB lawyer & Linda Thornton both lawyers. Those elders present included Charles Rudd, Tama Ruru, Peter, Paul & Dave Huria, Russell Packer, Bruce Proctor, Viviane Taueki, Mick Wilton, Bruce Proctor, Bruce Murray. The hui started with karakia but there was no acknowledgement to the kaumatua or Kuia there by anyone.   Anton Rautahi??? Whose whangai to Heteraiki whanau and Rautahi from Rangitane line presided—he is new and has never before had anything to do with Muaupoko. There was no introductions of executives or even Board members nor any elections of officers, nor who were what in the MTA.

Understand Mahanga told us he was asked by Whata Winiata to form the MTA & Steve Hirini is the CEO [ told to us later with a meeting which Moana and I attended with Mahanga Williams he was seconded. Up to 2013 Steve we believe did a good job running the MTA and in his position was dictated to. Mahanaga left soon left the MTA then came back in 2013 running a Te Reo program with his wife Maia who was the minute taker at the 2011 AGM that could not produce minutes when asked?? ]. The AGM was directed by Mahanga and Anton with a mixed Chair. No Board members said anything apart from Robert Warrington on the Fisheries update —I was not allowed General business at the start nor was I allowed any motion to be passed as per when I asked the question for General Business to be allowed. This whole AGM was a jackup sad as it was it was we thought because of Mahunga & Steven? but we cannot say these things.

There were apologies etc then Tama tried to get General Business on the agenda saying it was 2 years since the last AGM. Mahunga Williams said NO after they discussed amongst themselves so no General Business was allowed in the AGM. In some ways I can see why this meeting was to be quick and in some ways can I blame them--no?? as all meetings have been disrupted by certain peoples antics.

The only ones that talked was Steven Hirini  and Mahunga.  Mahunga vetoed or tried to make short every part of the agenda to push the take [meeting ] through quick and not to allow beneficiaries time to address any topics. He did not want any discussion but a quick AGM with everything passed through with very little dialogue. Mahunga was quick to pass anything. No executives talked and there was no dwelling off the topics that needed addressing. People had max 5 minutes to say anything before they went on to the next part of the agenda.

The new financial records were incomplete so the CEOs report could not be accepted yet it was accepted?? No books in April 2011 or for the period before in 2010. The accountant from Small & Co Levin who was present said he could not give an accurate audit due to not being given all the books on time. Copies of the sets of rules were supposed to be available 21 days before the hui yet were not then not enough copies were even circulated at the hui of financial statements etc and no one had time let alone understand the rules.

In the meantime the old rules had been changed & had still not been accepted nor read prior to the AGM & in its place were now new rules again. Thus the old rules were never ratified or given at a meeting of owners prior to this AGM as the MTA had promised at an earlier stage when a former meeting at Kawiu had seen too many holes in the constituition—this being the old constitution rules. So they needed to rewrite then present back. They never did.

Now at the AGM they had new rules and noone had read them?

NEW CONSTITUTION RULES
The New rules were passed as Mahunga Williams said everyone had read them so had plenty of time to go against when. In fact Vivienne Taueki asked the floor for everyone to put their hands up to say if they understood the rules and read up the rules and there were no hands showing?? bu they still passed these new rules which in effect gave the CEO a free seat for life. No copies were shown or produced at the meeting of the new rules. No mention at any stage saying beneficiaries must read the report before hand nor any mention that these would be discussed at this hui. The new rules were not discussed or allowed to be read by any beneficiary prior nor did the MTA ask before the AGM for peoples opinions. Why?? This seems to be necessary in view of their financial situation & that they needed the Fisheries money to top up the MTA accounts. This to me is why there are no books as now they must cover up their accounts.
Mahunga would not allow for more time that we can go thru these rules and quickly passed them. He said people had plenty of time yet as we have said no one at the AGM when asked if they understood or had read them said yes?? These now new rules invoked unlimited times for the so called CEO not to be challenged & had no mention of terms for the Chairman and CEO so in effect they could now stay on the MTA for life.

You cannot just pass rules like this as no consent by the beneficiaries & to check these changes. He said we all had plenty of time to read them but then we still were not allowed to make comment on them nor did they wish to talk about the rules apart from passing them.  This is wrong—the MTA lawyer who wrote them Matthew Sword should be repremanded for not allowing the old rules to be read over & then the new rules brought in at that hui that never hapened. Those that voted yes did so not knowing what the rules contained as no one had even read them. These rules had been deliberately changed from the older rules which were supposed to be changed then ratified before the new rules were made up.

However as the new rules now contained the Fisheries monies for a new company to be added they wanted to pass as quick as possible. Hence no desention was allowed. The rules from the old rules to the new had been changed yet were not even discussed, In fact at a former hui the old rules were then to be readjusted but the MTA added their own rules to the old rules then had them passed without debating the new rules or allowing people to talk about them. When we tried to talk they just wanted to vote the new rules in which they did. The rules were not read out nor were they discussed as they would not allow it.

I asked that a motion be put to the floor that we had time to read the new rules as I had a copy and saw many bad holes in the constitution against wishes of the people and this was subsequently squashed by Mahunga and Steven so no motions were allowed at this AGM at all. Mahanga also said to me people did have time to read the new constitution rules when in fact everyone there had not read them. This was also spoken about by Timoti Williams [ Marakopa Matakatia ] who told the Chairman to say no?? to being allowed to put this motion to the floor.

The financial accounts were not questioned. The accountant said he never received the books. So the CEO report should not have been accepted as they were. They would not allow this and there was insufficient evidence showing the wages and salaries. In fact they passed them when they should not have been passed. To date their has been no audit done yet the MTA have said in various emails they would furnish minutes of the AGM at a further AGM in Oct & Nov 2011 which has been and gone with no AGM still and no financials

The MTA have no credits and no experience with funding & certainly now have no accounting.The fisheries rep Robert Warrington who has zero experience on the fishing side of things and Timothy[Timoti] Williams or as he calls himself Marakopa Matakatea were elected as the delegates in the fisheries yet they do not know anything about fishing and are MTA yet no members of the tribe were approached nor any advertisement for the positions advertised. The MTA never introduced them nor said how they were elected. It seems all jobs are given to their immediate members and staff only. Timoti Williams [ Marakopa ] never spoke but directed to Steve and Mahunga to stop any motions or changes to the agenda. He has most of the jobs so keeps quiet.

Robert Warrington of MTA said they paid the mortgage on the building the MTA are in. This was a debt of $90,000 made by Mario Hori Te Pa to  Euan Painter who ran the MTA before Steven. The debt was by the MTA on Projects that had gone bad while he was the CEO and they owed money on these projects. In fact this was for individuals within the MTA who had created these bad debts. It is a bill and those who participated in this debt are still in the MTA. Peter Huria asked who they were but no names was given back to him as again Mahunga interjected and would not allow any answers to the questions. Some of those involved are still on the board up to the end of 2011 when new members were elected. Peter wanted to know who they were and if any were still employed by the MTA. This question was not answered. People who spoke could only have a say for 5 minutes one time even Kaumatua.

Another tribal member Russell Packer asked about the fisheries quota and was not even given an answer as to who got it. He told the MTA his whanau did studies and research on the clams and shore years ago which he did and that he was and is still involved in the fishing industry. The MTA it appears gave the quota to a Chinaman not a  member of the tribe. Russell explained he would have matched any tender but again we see the Board will take the outsider rather than the tribe. No Board members explained this situation even though it was asked for.Alex Hopa asked the executive regarding his experience in fishing and why their were no jobs for him and why one Brendan Tukapua [ whose now chairman as Mahanga resigned ] has never helped any Iwi members get jobs in the fisheries. Again he really got nowhere and no answers as well. Phil Taueki also asked for a job and said he was unemployed and on the dole for the last10 years?  Also same with his brother Bill who said he runs or is chairman of 1000 acres in a trust [which Trust or is it Hokio A] yet for all the years they have never created their own work scheme and asked the MTA for help to input funds to assist the land and jobs—
The hui was abruptly ended as it had started.

[ Read Lake Domain Board minutes ]

We have also got taped manuscript of this AGM? with the minutes subsequently changed that do not add up to what was actually said at this AGM [ 2012 AGM that had to be cancelled due to a lack of a quorum ]

WHERE DOES THE MTA GET ITS MONEY FROM:
1/. Muaupoko Committee Services: Funds from the community including Horowhenua City Council donations. MTA using Findlay Buddle as their counsel for the High Court in Nov 2011.Ashley Gould approved funding for MTA from CFRT & CFRT are not following their own process but has allowed MTA to seek the mandate.
2/. Fisheries Money is their sole income apart from Lottery grants, donations, so bills of payment like IRD, Tuia Group Legal costs. salaries etc are perhaps or would in our thoughts paid pout of this money which is IWI money for the people not for bills I would think??? Now with no basic business concepts to make money then why is there a CEO???
3/. Karakia: Kevin Hill
4/. CFRT funds to continue but we still have had no AGM.

Following the AGM it was decided to meet with the MTA

to ask why this AGM was so bad.

MTA Meeting 8th August 2011 at Oxford St office of the MTA.
Present was Mahanga Williams Chairman, Moana Sinclair and Tama-i-uia Ruru at 1.30pm. Steven Hirinui never attended due to having a new house being built and he moving in? The meeting was started by Tama mentioning his background to living overseas & the fact he came back from overseas after a 17 year absense. Called into the office to meet with Steven and seeing that Muaupoko finally had an MTA that would help the tribe. His concerns were although Tama mentioned he had a Wai Claim108 going back 20 years previous, to Steven and historic information of the tribal era he asked that the MTA communicate with him on matters to do with the tribe and that he would join the MTA. As a Kaumatua and affiliate of the MTA as a beneficiary he saw this as a very important step at unity.

However Steven never acknowledged that he would ask for help or advice, never sent emails when matters to do with Wai claims came about and that in fact Tama received no correspondance on any matters to do with Wai claims.  Mahanga noted this but nothingn was ever done.
 Then  the subject of the June 19th MTA  AGM where Tama tried and was not allowed to bring forward General Business and too pass a motion at this AGM. As the MTA failed to hold a 2010 AGM Mahanga explained the reason being was that accounts had not been properly assembled and that there was a change in the exec. Tama asked for minutes—no minutes that these would be presented at an October 2011 AGM. However we explained this is not right. Minutes should be available to beneficiaries directly after an AGM. Tama said the MTA had submitted to the Inc Society office NEW rules quickly BUT it was asked why were old rules not even cleared up then new rules passed and no minutes are available on the numbers, votes etc for the June 2011 AGM. This is a breach of trust and also sidelining not having minutes available to those beneficiaries showing concerns. Mahanga said he would ring directly and ask for legal advice but this was not actioned at this meeting.
It was asked what the MTA were doing with the claim. Explained various members had joined in this claim and still going direct. Settlement of the claims were discussed. Some claims overlapped, some may have good reasons to receive individual settlements at the conclusion??? Said Mahanga. Eg. If some of the Lake claims had good claims they could receive a part of that settlement?
Further discussion Mahanga explained his role in being asked by Whata Winiata to head the MTA and the problems they have had with various Board members and the fact they have had to postpone board meetings for various reasons etc. He told us he was on $200 a week and at first donated this salary? That the MTA were looking for good staff to join. The MTS Board meet once a month yet they still do not have minutes then Mahanga said minutes will be available in October 2011 at the 2011 Agm if at all it will happen. Mahanga felt uneasy during this meeting & had an outbreak of swearing as we fired the questions. I told him to stop it. Meantime the new rules of the constitution have not been discussed by beneficiaries nor have any beneficiaries been aware of just what those new rules pertained and entail. But then the MTA should in its capacity have Board members who can do the job and stick to the right times to hold meetings as well as keep to their obligations which they are not doing.

Mahanga explained he has no business experience apart from wananga work. At this stage Mahanga did start outlining what he had done and started to let off steam by swearing after which Moana explained this as not being appropriate and that she is an advocate at this meeting on behalf of Tama Ruru. Steven had been asked as a friend to be the CEO as he had worked for many corporations including he said Telecom? & was being headhunted so Mahanga got him? Tama explained the roles & duty of the CEO as head of any org ??. Eg. Communicating with beneficiaries; minutes of the meeting; not passing the buck in emails to Mahanga who is Chairman. They should know rules of the Incor Society? Tama also said what a Chairman’s job was. Mahanga said he did not know these rules and again said he would ring his legal adviser now but never did. They are both unaware due to ignorance but also due to the volatility of their already needing funds to pay for outstanding debts incurred?  or do not wish to allow minutes to be had so then the AGM must be considered as null and void and a sham. Asked why the minutes were not forthcoming--- that the AGM will roll over to the next AGM in Oct 2011 and minutes will be issued. But both Moana and Tama said this is not allowed to be. Again Mahanga said he would look into this. Now the trying question remains?? Why are these minutes not being presented?? We explained the times minutes should be handed out? What motives really are the MTA trying to hide?

Also explained at this meeting was the inept ability of the MTA to hold any huis properly with a lack of Chairmanship to outline the agendas to avoid disruptive meetings. This has always been the case and they do not have strong Chairman skills at all. Saying that is why the AGM June 2011 was quick is not an excuse to not:
1/. Allow motions to be passed
2/. To allow General Business as no AGM for 2 years and beneficiaries need financials to be accounted for.
3/.To not have minutes for the beneficiaries? Or financials
4/. That they have already sent in the NEW rules to the society without any beneficiaries reading or understanding these rules?
5/. To allow such a meeting to occur as such? Lack of speaking rights
6/. No financials
7/. When asked by Vivienne Taueki how many people have read and fully understand the NEW RULES not one person put their hands up.
8/. The Accountant Small & Co Levin had to say they had insufficient books?
9/. I called into the office 2 times to uplift minutes no response. They would be presented at the next AGM November 2011. You will see I was verbally told by Mahanga October 2011.
Tama explained how vital the roles of Chairman, CEO are and how they as execs must give information to the beneficiaries. This is not being done apart from PR in the newspaper Chronicle Mahanga said yet we are all on email and yet again there is a lack of communication. Whether this will be put right is another matter. The meeting ended at 3.15pm. Monday afternoon.

WHAT WAS ACHIEVED:
1/. A background on Mahanga joining the MTA?
2/.That no minutes and financials are available and still never been available even in year 2013 as promised?
3/. That at the next Board meeting Monday week minutes will be asked for. Tama will attend?
4/. That Mahanga is leaving after his term come up to join his Ngati Tama? When is this term expired as in the new constitution rules there is no dates for terms for any execs?
5/. That Mahanga would look into the rules of the Incor Society with his legal adviser? Lets see what will happen & if when Tama asked for minutes next Monday?? Mahanga said minutes would be given just before their next AGM set for November. Nothing ever happened.
6/. That what we wanted to know we already new?? That the MTA are hiding minutes an financials as they hold discrepancies.
7/. That the explanation for no General Business and no motions passed due to previous disruptive meetings and that they wanted to get meeting over quickly is not satisfactory to us present?
8/. That Steven lacks the Business experience & has never provided a CV for what he is doing??
9/. Mahanga when questioned & questions difficult he lost the plot & started swearing in front of my legal advisor
The following Monday at 6pm was supposed to be the MTA Board Meeting. Attended by 3 members it was cancelled due to insufficient quorum. Subsequent Board meetings again no quorums so the board has and was disfunctional.

In saying this meeting achieved knowledge for us we could see why the MTA do what they are doing as they are receiving condemnation rather then compromising with certain individuals who in themselves have done nothing either to enhance the tribe. In some ways it was not Mahanga's fault for what happened as preceeding meetings ended up in a shambles again by the same oppositioon members and he had a hard job to do. We needed to compromise---a few in the MCC do not wish to do--- we are an Independent.

ELDERS MEETING: Never had a meeting of the Elders since June 2011 to the present day

There were No Kaunehira kaumatua meetings right up to June 2012 as Kevin Hill the coordinator never set one up so kaumatuas had no say on anthing. The sad part was that our last meeting never even got started as 2 family members upset it and the meeting was cancelled. This would have been a start to dialogue yet was never to be. Wai 108 had had enough of these shamble meetings. The MTA are only trying to do what they think best for the majority and in some ways can you blame them. Remember for 45 years these antics have never changed--never got consensus, never got nowhere.

All but Wai 52 want to go Tribunal hearings. Wai 52 want direct negotiations to cut the majority out as at June 2013. Muaupoko need to voice your concerns on this mandate.