Rangi Pepuere Whenua Meeting Agenda.
Scheduled for Saturday
Feb 22nd 2014.
§ APPROVAL OF MINUTES FROM
PREVIOUS MEETING (copy
in appendix)
§ MATTERS ARRISING
A) Pedometer Testing –
Steve to provide information.
NOTE:
We are endeavoring to
have completed this testing before the meeting and will distribute information
gathered once it has been competed.
Desired
Outcome
For
all shareholders to have an understanding of the information gathered from this
exercise.
Actioned
By
Steve
B) Jim to present further information in regards to his idea of leasing
the land to put some basic facilities on. - Discussed in General Business (H).
§ GENERAL BUSINESS
A) Management
and Administration of Rangi Pepuere Whenua #1.
Proposed by Rangi:
All meetings
have a Quorum made up of shareholders; Joint (NZ/Australia) meetings to be 6
while separate meetings to be 3 for NZ and 3 For Australia.
Decision Required:
Vote Yes or No
B) Management and
Administration of Rangi Pepuere Whenua #2.
Background
At
the April and October Shareholders meetings (NZ and OZ) the following two decisions were agreed upon:
1.
Decisions are by majority
vote of 5.
2.
To have one vote per
shareholder no matter the size of the share.
In
the April 2010 Meeting, NZ shareholders proposed that a review of this system
to take place every two years, when shares are handed down, or when it is
deemed to be not working – whichever comes first.
Decision Required:
· Are shareholders happy to have the majority vote remain at 5?
Vote YES or NO
· Do majority shareholders agree to have one vote per shareholder
no matter the size of the share? Please Vote YES or NO
C) Management and
Administration of Rangi Pepuere Whenua #3.
Background
All
Australian shareholders have agreed to have a shareholder committee governed by
a constitution with management guidelines.
NOTE: At the April 2010
Meeting, NZ shareholders present (x2) stated they would prefer (at this
stage when there are only 9 shareholders), a shareholder led committee guided
by a Constitution or Management Guidelines. Preferring Management Guidelines
rather than a Constitution.
Proposed by Tups:
Tups
would like shareholders to reconsider their decision to have a Committee over a
Trust. She feels a Whanau Land Trust would be the only way to prevent the
fragmentation of the whenua.
Tups
would like to see the Rangi Pepuere Whenua remain in Maori Title, and in
ownership of the descendants of Paku Ritihia o Te Maioha Ruru / Pepuere and
Rangi Pepuere.
(Whanau Land Trust Information in Appendix)
Things to consider:
-
Do
shareholders want the land to continue to be split as it is passed on?
-
If
no, do shareholders feel that a Whenua Trust is the only option to stop this
from happening?
Decisions
Required:
-
Would
the shareholders like to continue with their previous decision of having a
shareholder led committee? PLEASE VOTE YES / NO
-
What
is the next step?
D) Information from Maori
Land Court
(information in appendix)
Desired
Outcome:
· To know where we stand
with shareholders who are non-financial contributors.
· To have a clear
understanding of the processes (if any) involved in non-financial contributing
shareholders rights to land improvements.
· To make a decision as to
the next step involving Scott.
Decision
Required:
Given the information (in Appendix) provided by
the Maori Land Court, what is the next step?
E) Paying Scotts share of
costs
Background:
Given
that there is minimal likelihood of Scott contributing financially to land
related costs, a decision needs to be made on how his share of the costs are
covered.
Decision Required:
How
will Scott’s share of costs be covered?
F) Farmer Lease Holder
Agreement #1.
Background
On
December 31st 2013 Peter Bremner terminated his lease. (Letter in
Appendix). The rates are paid up to this date.
The
Rates on Rangi Pepuere Whenua currently stand at $14 per annum, with a
likelihood of an increase to around $1200 per annum if it is not leased in the
same way (e.g. by a farmer, in conjunction with other land).
Follow-up
Karyn,
Jim, Jimmy Whaitiri and Bubby Hawkins met with (free) legal advisor Marcia
Insley (January 31st 2014) to ask:
1. Is Peter Bremner legally
required to pay rates up until a new leaseholder is found?
2. Does Peter Bremner have
any legal obligations for cancelling the lease prematurely?
3. What wording can be
included in the lease to protect us from this situation happening again?
RESULT: Marcia has written a
Letter to Peter Bremner stating what is required legally.
The
main points being
-
Peter
is legally required to pay the rates up until June 2017 or when a new lease
holder is found
-
Peter
is legally required to erect the fence between 1B5b5 (Rangi Pepuere Whenua) and
1b5b9
-
Peter
was encouraged to amicably resolve the issue at his earliest convenience.
- Marcia
provided Jim and Karyn with a copy of a suitable lease that can be used as a
template to write the new lease.
Desired
Outcome:
· To ensure we are
protected from any leaseholder prematurely cancelling their part of the lease
agreement.
Decision
Required:
- What is the next step?
- How would the shareholders like to respond to
Peter Bremner?
G) Farmer Lease Holder
Agreement #2. New Lease Holder
Background
Tups,
Jim, Karyn, Jimmy Whaitiri and Bubby Hawkins met with Mary Reid on January 31st
2014.
Mary
Reid is the potential Lease Holder of 1B5B9, Block 15 and Rangi Pepuere Whenua.
Mary
indicated she was only interested in leasing 1B5B9, however after some
discussion she has agreed to include Block 15 and Rangi Pepuere Whenua in her
lease. She agreed to graze them occasionally and keep them tidy. Rangi Pepuere
Whenua and Block 15 Shareholders offered to pay the rates to ensure this will
happen.
(Note:
having all three pieces of land ‘farmed’ together ensures the rates stay at the
current amount).
Mary
also stated that she would erect (at her own cost) the fence on 1B5B9 and
provide the wire and the staples for the fence on Rangi Pepuere Whenua.
Shareholders
agreed to have another meeting on Feb 8th
to discuss this further and make decisions about writing up a new lease.
Shareholders will be notified in due course by those that are in attendance at
the meeting.
Decisions
Required
-
If
required, are Rangi Pepuere Whenua shareholders prepared to pay the rates ($14
per annum) so that Mary will graze / look after the land? VOTE YES / NO
H) Jim to present further
information in regards to his idea of leasing the land to put some basic
facilities on. See letter in Appendix.
NOTE
FROM JIM: What I have presented in my letter has changed slightly from the
discussion at the last meeting. After much consideration I think it would be
better for the Shareholders to lease the land to a farmer with the proviso that
part of the land can be utilized for camping. This way the land will be grazed
and the rates will remain low. Please see my letter for clarification and
further information.
Desired
Outcome:
Rangi
Pepuere Whenua is being used by family
Decisions
Required:
Do shareholders agree / disagree with points 1, 2,
3, 4, 5, 6, 7, 8, 9 and 10 as raised in Jims letter?
I) Building on the Land
Tups
proposes:
If/when whanau are interested in
building on the land, they should;
-
Update
shareholders re: costs involved for building, allowing interested Whanau who
may still be able to share costs if within their budget.
-
Inform
Whanau of the time frame of building. From the start to the time the building
is on the whenua.
-
There
are 2 areas designated for building, therefore one area for those whanau, who
are able to build. The other area should be for whanau who are not in the
building and who wish to use this area to come and go as they wish. “Our
turanga waewae – a place for us to stand”.
-
Discuss
with whanau/Maori land court re occupation order
-
Apply
for determination order for ownership of the building: S.18(1) (A) / 93.
-
The
Rangi Pepuere Whenua is to remain in Maori Title and in ownership of the
descendants of Paku Ritihia O Te Maioha Ruru/Pepuere and Rangi Pepuere.
§ OTHER BUSINESS
1. Tups, RE: “The Lease”
Information distributed separately from Agenda
2. All shareholders need to
be informed prior to incurring costs. Are shareholders happy with the way this
information is currently being relayed to them? Is there a better / more formal
way to communicate this information so everyone is on the same page?
Agenda Appendix
GENERAL BUSINESS APPENDIX
C) Management and
Administration of Rangi Pepuere Whenua #3. APPENDIX
(from
Maori Land Court)
Whanau Trusts
A whānau oriented trust allows the
whānau to bring together their Māori land interests for the benefit of the whānau and their descendants. This is a share management
trust and relates primarily to specified shares in land.
The whānau trust is a share
management trust designed to manage specified shares in Māori land. it is the most family-oriented trust. It allows whānau to
bring together all their interests for the benefit of that whānau and their
descendants. This provides the whānau with an alternative to fragmenting 27
their shares. The whānau may name a tipuna 28 in the court order. Unless
stated otherwise, all the descendants of that tipuna may benefit from the
trust.
These trusts will often operate under the umbrella of
an ahu whenua trust or Māori incorporation. a whānau trust is often
established on succession.
The Māori Affairs Act 1953 and Te Ture Whenua Māori Act 1993
Whānau trusts were established
under section 214 of Te Ture Whenua Māori act 1993. There was no equivalent of
whānau trusts under the Māori affairs act 1953.
Assets required to establish a trust
Shares in Māori land, Māori incorporations,
or general land owned by Māori can be included in a whānau trust provided the
owners of those shares agree. If the trust includes the shares of an owner who
has died, that owner’s successors must all agree before the shares can be
included. If everyone doesn’t agree, then the succession will occur and then
those successors who want the trust can vest their shares in the trust.
Succession
So long as the trust exists,
there will be no succession. The land interests will remain vested in the trustees.
However, the court can determine who the successors would be when a beneficiary
dies as this can help the trustees to maintain the whakapapa. For more
information about succession, please refer to ‘Succession’, available from
Māori Land court offices.
Representing whānau trust beneficiaries at landowners’ meetings
The trustees represent the
beneficiaries at landowners’ meetings, but they can only act by majority. if a
majority of trustees cannot attend a meeting and vote together, the trustees do
have some options. The vote cannot be split amongst the trustees because the
whānau trust holds an individual interest in the land.
If a landowners’ meeting is
called under part 9 of the act, there is specific provision for proxies to be
completed. The trustee who does attend must have enough proxies from his/her
co-trustees to represent a majority of the trustees.
If the meeting is for an ahu
whenua trust, there may be provision in that trust order for voting by proxy.
The whānau trust order may contain
a provision for using proxies.
The trustees must check the
relevant trust orders carefully.
Trust money
The act requires that the trust
money be spent for the benefit of the beneficiaries, although the court may
also allow for Māori community purposes. Funds do not need to be distributed
to all beneficiaries. Payments can be made to particular beneficiaries who have
specific needs, but the trustees must be even-handed and must not continue to
make payments to one person (or family) to the exclusion of others.
Reviewing a trust
The trustees or beneficiaries of
a whānau trust may apply to the Māori Land court to review the terms,
operation or other aspect of the trust. However there can be no more than one
review of the trust within a two- year period.
Terminating a trust
Beneficiaries may agree to terminate a trust or
withdraw the shares that an individual has contributed to the trust. An
application can be made to the Māori Land court to terminate the trust. The
court will vest the shares in the original contributors or their successors.
Notice to all the other trust beneficiaries will be required.
(From communitylaw.org.nz)
METHODS OF MANAGING MĀORI LAND: TRUSTS, INCORPORATIONS,
AND RESERVATIONS
Most Māori land has multiple owners, with some blocks
having several hundred. This creates obvious challenges for managing the land.
A number of specific forms of management are provided under Te Ture Whenua
Māori Act, including Māori land trusts, Māori incorporations, and Māori
reservations.
Māori land trusts
What is a Māori land trust?
Māori land trusts are today a popular means by which
multiple owners of Māori land can manage the land. Under any trust, whether a
Māori land trust or a private family trust, one or more people – the “trustees”
– are the legal owners of the land or other property, but they have a special
obligation to look after this property for the benefit of some other person or
people, called the “beneficiaries”. With a Māori land trust, the trustees must
manage the land for the benefit of all the owners of the land.
If the owners of Māori land decide to place their land
into a trust, the trust needs to be formally approved and established by an
order from the Māori Land Court.
Types of Māori land trusts
There are five types of Māori land trusts specified in Te Ture
Whenua Māori Act:
1. Pūtea trust –
This is a trust that allows the landowners of small and uneconomical interests
in land to pool their interests together.
2. Whānau trust – A
whānau trust combines the shares of a related group of owners into one; it provides
a means of preserving ancestral land by preventing individual whānau members
dealing with their shares separately. Under a whānau trust, trustees make
decisions on behalf of the whānau, who together own shares within land blocks.
The beneficiaries of a whānau trust are the tīpuna/tūpuna (ancestors) named in
the whānau trust order and their descendants, including children,
grandchildren, great grandchildren and so on.
Note: All descendants of the relevant
tīpuna/tūpuna are beneficiaries by virtue of their birth. The
trust does not need to be varied to include descendants.
3. Ahu whenua trust – This is the most common type of
Māori land trust. It's used to promote the use and administration of Māori land
– often for commercial purposes – in the interest of the beneficial owners.
4. Whenua tōpū trust –
This is an iwi-based or hapū-based trust. It's designed to allow the land to be
used and managed in the interest of certain iwi or hapū. It's also used for
receiving Crown land as part of a settlement.
5. Kaitiaki trust –
This is a trust that relates solely to an individual who is a minor or who has
a disability and is unable to manage their affairs. Generally the kaitiaki
trustee is just one person who has legal title and must act in the best
interests of the person who can't otherwise manage their affairs. A kaitiaki
trust over a minor ends when the minor turns 20.
Setting up a Māori land trust
How do we set up a Māori land trust?
The landowners will need to first hold a meeting, nominate
the people they want to be the trustees of the trust, and then apply to the
Māori Land Court for an order establishing the trust.
Holding a landowners' meeting
Before a trust can be set up the owners need to have a
meeting to provide all the owners with the opportunity to discuss and make
decisions about the proposed trust.
All owners must be given sufficient notice that the
meeting is to be held.
The meeting will need to discuss and decide:
1. to set up the trust
2. which blocks or shares will be
included in the trust
3. who will be the trustees of the
trust
4. the terms of a draft trust order,
setting out the powers, rights and obligations of the trustees
5. what the name of the trust will be
(some trusts are named after a common tipuna/tupuna of the owners who are putting
their shares into the trust).
The people attending the meeting should choose someone to
take accurate minutes, so that all decisions made at the meeting are clearly
recorded.
Note:To avoid confusion, you should be precise when using
a common tipuna/tupuna (ancestor) as a trust name.
Who can apply to set up a trust?
The application can be made by any of the owners of the
land or by someone nominated for this at the owners' meeting.
How do we apply to set up the trust?
The application process in the Māori Land Court is
explained elsewhere in this chapter (for information, see “The Māori Land
Court: Its jurisdiction and processes / Applying to the Māori Land Court for an
order” in this chapter).
Applications to establish a Māori land trust also need to
include the following:
1. a copy of the minutes of the owners'
meeting, and a list of who attended
2. details of how advance notice of
the meeting was given to the owners
3. a schedule of the land and
ownership interests to be included in the trust
4. a draft trust order approved by the
owners (a template for this is available from the court)
5. the names of the proposed trustees
and how they were selected
6. the proposed trustees' written
consent to being appointed as trustees
7. the grounds on which the application
is made, and
8. a list of those who voted against
the proposal to set up a trust.
Note:The requirements for applying for a kaitiaki trust
are different from the requirements for the other types of Māori land trust.
Trust orders
The trust is established by the making of a trust order by
the Māori Land Court, stating the objectives of the trust, the rights and
obligations of the trustees, and the rights of the beneficiaries.
A trust order – often also called a “trust deed” – is a
document that sets out the rules that will govern the trust. The trustees must
follow those rules.
Can the terms of the trust be changed?
Yes, the trust order can later be amended if necessary if
the needs of the trust change. The owners will need to meet together to decide
what the new terms of the trust should be, and then apply to the Māori Land
Court for it to amend the original trust order.
Financial issues: Bank accounts and tax obligations
A separate bank account must be set up to receive any
money from the land that's subject to the trust.
The trustees must also register the trust with Inland
Revenue and receive an IRD number. Trustees must file an IR6 income tax return
for the trust each year, whether or not the trust has received money (see
further below, “Trustees' duties”). All financial records must be kept by
the trustees for seven years. Inland Revenue must be notified if any trustees
are changed or the trust is dissolved.
For information about Inland Revenue's Kaitakawaenga Māori
service, see “Other resources” at the end of this chapter.
Note:
Beneficiaries must also specify in their yearly tax
returns that they have received money from a trust.
Trustees and their duties
Who can be a trustee?
Anyone who meets the following requirements can be a
trustee:
1. they must be nominated, and must
agree, in writing, to being appointed
2. they must agree with the final draft
trust order
3. they must be approved by a majority
of owners present at the owners' meeting
4. they must be acceptable to the
court; the trustees are appointed by court order once the court confirms that
the trustee is a worthy appointee.
It's very unlikely that the court will appoint as a
trustee anyone who is bankrupt, imprisoned, convicted of a crime involving
dishonesty, under mental disability, a minor, known to the court to have
previously been guilty of misconduct as a trustee, or involved with a corporation
that is in liquidation or no longer in business.
Trustees are appointed for life or until they resign,
unless the trust order states otherwise.
Types of trustees
There are three types of trustees for Māori land trusts. When
it establishes the trust the Māori Land Court must appoint one or more
“responsible trustees”, and it can also appoint one or more “custodian
trustees” and one or more “advisory trustees”:
Responsible trustees are responsible
for:
carrying
out the terms of the trust order
administering
and managing the trust business
preserving
the trust assets, and
collecting
and distributing the trust income.
Custodian
trustees are responsible for:
gathering
together and holding the trust assets
investing
funds
disposing
of assets, and
signing
documents as directed by the responsible trustees.
Advisory
trustees give advice to the responsible trustees.
Trustees' duties
The powers, rights and duties of the trustees are set out
in the trust order by the Māori Land Court. The trustees must also comply with
Te Ture Whenua Māori Act and the Trustee Act 1956.
The trustees' key duty is to maximise the assets and
minimise the liabilities of the trust to the best of their ability.
Māori Land Court publications summarise the duties of
trustees in terms of twelve principles:
Acquaintance –
The trustees must be familiar with:
the
property administered by the trust
the
terms of the trust order, and
all
issues affecting the trust
Adherence
– The trustees must act in accordance with the terms of the
trust order.
Impartiality –
The trustees must treat all beneficiaries equally. The trustees must act in the
beneficiaries' best interest.
Investments
– The trustees must invest in accordance with the Trustee Act
1956 and the terms of the trust order. When making investments trustees must be
prudent (that is, exercise reasonable skill and care) and should seek expert
financial advice.
Diligence
and prudence – The trustees must act with the same care, diligence,
prudence and good judgment expected of businesspeople managing the affairs of
others.
Delegation
of responsibilities – Trustees can only delegate their responsibilities if the
trust order allows this or it's permitted by law.
Act
jointly – All trustees are accountable to the beneficiaries and
must share responsibility for any mistakes.
Act
without personal profit – Trustees must not personally
benefit from being a trustee. They may be entitled to reasonable reimbursement
for expenses incurred in carrying out their role, if the trust order allows
this.
Pay
the right people – Trustees will not be excused if they pay the wrong
person. Trustees must only pay trust money to the people named on the trust
order.
Trust
account information – Full and proper trust accounts must be kept.
Beneficiaries may access the accounts if they ask to see them, along with other
information about the trust.
Declare
conflicts of interest – Trustees must where possible avoid
any conflicts of interest (that is, conflicts between their personal interests
and their responsibilities as trustees). When a conflict can't be avoided, the
trustee must declare the conflict and must not take part in any related
negotiations or decision-making.
Regular
disclosure – Trustees must keep the beneficiaries regularly informed
and provide full details of the trust's financial position and performance.
Trustees must consult with the beneficiaries on major policy issues and obtain
the beneficiaries' consent to any proposed changes in the trust order.
Trustees' meetings and decision-making
First meeting: Election of chair, secretary and treasurer
At the first meeting of the trustees they elect a
chairperson, a secretary and a treasurer.
Note:
The secretary doesn’t have to be a trustee.
Chairperson's responsibilities
The chairperson is responsible for:
organising
meetings (together with the secretary)
making
sure that proper processes are followed and all matters are dealt with
endorsing
minutes of trustee meetings, and
making
sure that each trustee who wants to speak is a given a fair hearing.
Secretary's responsibilities
The secretary is responsible for:
recording,
endorsing and distributing the meeting minutes
keeping
a current record of the trustees' details and making sure the Māori Land Court
has an up-to-date version of these details
receiving
and sending the trust's correspondences, and
keeping
information in order and readily accessible for the trustees and beneficiaries.
Treasurer's responsibilities
The treasurer is responsible for keeping detailed records
of the trust's financial transactions. He or she should make sure that:
the
signatories to the trust's bank account are in order
financial
information is accessible so that it can be used in the annual report
the
trustees don't exceed their financial limits
all
records of the trust's spending are in order
all
trust funds are accounted for
the
financial reports are presented at each meeting, and
all
information is kept in order and made available to trustees and beneficiaries.
How often do trustees have to meet?
This will depend on the business needs of the trust.
However, the trustees should expect to have to meet frequently when the trust
is being formed.
Notice of trustees' meetings
Trustees should be given adequate notice of any meeting to
allow them to make proper travel and business arrangements. Two to three weeks'
notice is advisable.
There should be a written notice of meeting that states
the purpose and agenda items for the meeting.
How do trustees make decisions?
A certain number (a quorum) of trustees must be present to
make any decision. To achieve a quorum, at least three responsible trustees
must be present (unless the trust order sets a different quorum requirement).
Once the quorum is established each attending trustee can vote. Absent trustees
can vote by proxy (that is, appoint someone to vote on their behalf), if the
trust order allows this. The trust order may also specify that the chairperson
will have the deciding vote if voting on an issue is evenly split.
Note:
Each office of the Māori Land Court has an advisory team
that can provide a free, two-hour education session for trustees about their
obligations.
Can trustees change the terms of the trust?
The trustees need the support of the beneficiaries and the
court's approval to change the terms of the trust. A meeting of the
beneficiaries should be held and, if the meeting agrees with the proposed
changes, an application to change the terms of the trust can be lodged with the
court (for information about the application process, see “The Māori Land
Court: Its jurisdiction and processes / Applying to the Māori Land Court for an
order” in this chapter).
Can trustees be held responsible for making wrong
decisions?
Yes, if the beneficiaries believe the trustees have made a
wrong decision, they can lodge an application with the Māori Land Court or the
High Court alleging that the trustee's improper or negligent acts caused them
loss. If the court finds the trustees were at fault, they may be required to
pay for any losses they caused.
Note:
A trustee who voted against a decision that caused loss will
not be liable.
Getting information about the trustees
How do I find out who the trustees are?
To find out who the trustees of a trust are you can search
the name of the block through www.maorilandonline.govt.nz. The management structure details on
that website will list the trustees' names. Alternatively, you can contact the
Māori Land Court directly to ask for that information.
How do I find out what the trustees have been doing?
Trustees should hold regular meetings of owners where they
should report on trust activities.
However, if you want information you can also write to the
trust asking for an update.
Note:
When you become an owner of land under a Māori land trust,
it’s a good idea to write to the trustees to tell them your current address
details.
Beneficiaries of Māori land trusts
How can I find out who the other beneficiaries are?
The Māori Land Court maintains an up-to-date list of
beneficiaries. To find out who the other beneficiaries are, you can search the
name of the block through www.maorilandonline.govt.nz, or
you can visit any office of the court and ask for a copy of the beneficiaries'
details.
The trustees must also maintain a list of beneficiaries'
contact details.
How often do beneficiaries have to meet?
Usually the trust order will set out how often
beneficiaries have to meet. Meetings of beneficiaries can also be called to
discuss the election of trustees, variations to the terms of the trust, ending
the trust, and the trust's accounts, investments, major purchases or mortgages.
In addition, trustees must keep beneficiaries informed
about what is happening with the trust.
How will I know if a beneficiaries meeting has been
called?
Every beneficiary should get a notice of any beneficiaries
meeting from the trustees. The meeting will also be advertised in the local
newspaper. It's advisable for trustees to give beneficiaries two to three
weeks' notice of the meeting.
Is a quorum required for the meeting?
The trust order may set a quorum for beneficiary meetings
– that is, a minimum number of beneficiaries attending in order for the
meeting's decisions to be valid. If the trust order doesn't specify a quorum,
the Māori Land Court will decide whether certain requirements for a quorum were
met. The court may consider, among other things, whether the owners had
sufficient notice and time to discuss the issues, how much support there was
for those matters, and any objections made to them.
What happens if I can't attend the beneficiaries meeting?
In that case you can appoint someone to vote on your
behalf (called a “proxy vote”), if the trust order allows this. The other
person must be at least 20 years old, and you must give them written
authorisation to vote on your behalf.
If the trust order doesn't allow proxy voting, you can
give a person a power of attorney so that they can vote on your behalf (for
information, see the chapter “Protection of Personal and Property Rights”).
When will I get paid from the trust?
If there is money left over after paying for the trust
accounts and expenses, the surplus will in some cases be distributed to the
beneficiaries.
Note:Income to owners is paid at the discretion of the
trustees by way of dividends, unless the trust order states otherwise. The
trust order may include a “community purposes” clause, which will allow for
distribution of trust income for purposes such as maintenance of marae,
scholarships, and kaumātua grants for older owners.
Cancelling a Māori land trust or removing your shares
How is a trust brought to an end?
To cancel a Māori land trust the landowners must all agree
that the trust is no longer required. This can be agreed at a meeting of the
owners, or all the people concerned can give their written consent. An
application must then be made to the Māori Land Court.
Can I take my shares out of a trust?
If you have shares in a whānau trust you can apply to
change the terms of trust to take out your shares and change the beneficiaries
of the trust. However, if it's an ahu whenua, whenua tōpū or pūtea trust, the
trust will need to be cancelled for you to take out your shares.
D) Information from Maori Land Court Appendix
INFORMATION
SOUGHT AND PROVIDED BY JO:
I asked Maori Land Court
what rights a non-financial contributing shareholder has to land improvements
and any facilities that may be established on the land.
The response from Murray
MacGregor is as follows:
“Unfortunately
all land owners have the same proprietary rights. Therefore, even
though that one owner has not contributed to rates or improvements, they are
still entitled to enjoy any benefits on the land.
You could
approach that owner with an offer to buy their shares?
What
you should consider, to protect owner’s interests in buildings on the land, is
to apply to the Maori Land Court under section 18(1)(a) of Te Ture Whenua Maori
1993 to determine ownership of any buildings. You will need to
provide as much evidence as possibly e.g. building plans, permits and letters
of support from other owners/people”
Section
18 of Te Ture Whenua Maori 1993 reads as follows:
General
jurisdiction of court
(1)
In addition to any jurisdiction specifically
conferred on the court otherwise than by this section, the court shall have the
following jurisdiction:
(a)
to
hear and determine any claim, whether at law or in equity, to the ownership or
possession of Maori freehold land, or to any right, title, estate, or interest
in any such land or in the proceeds of the alienation of any such right, title,
estate, or interest:
(b)
to determine the
relative interests of the owners in common, whether at law or in equity, of any
Maori freehold land:
(c)
to hear and
determine any claim to recover damages for trespass or any other injury to
Maori freehold land:
(d)
to hear and
determine any proceeding founded on contract or on tort where the debt, demand,
or damage relates to Maori freehold land:
(e)
to determine for the
purposes of any proceedings in the court or for any other purpose whether any
specified person is a Maori or the descendant of a Maori:
(f)
to determine for the
purposes of this Act whether any person is a member of any of the preferred
classes of alienees specified in section 4:
(g)
to determine whether
any land or interest in land to which section 8A or section 8HB of the Treaty of
Waitangi Act 1975 applies should, under section 338 of this Act, be set aside as a
reservation:
(h)
to determine for the
purposes of any proceedings in the court or for any other purpose whether any
specified land is or is not Maori customary land or Maori freehold land or
General land owned by Maori or General land or Crown land:
(i)
to determine for the
purposes of any proceedings in the court or for any other purpose whether any
specified land is or is not held by any person in a fiduciary capacity, and,
where it is, to make any appropriate vesting order.
(2)
Any proceedings
commenced in the Maori Land Court may, if the Judge thinks fit, be removed for
hearing into any other court of competent jurisdiction.
Compare: 1953 No 94
s 30(1), (3); 1956 No 61 s 89(1); 1960 No 120 s 5; 1962 No 45
s 2; 1974 No 73 s 47; 1976 No 148 s 5
GENERAL BUSINESS APPENDIX
F) Peter Bremner / Land Lease Holders Appendix
THIS IS A
RE-TYPED COPY OF THE LETTER SENT BY PETER BREMNER
17th
December 2013
To the
owners of 15 Block, 425068
Rangi
Pepuere,
Whangawehi
1B5B9.
Dear Jim,
It is with
much regret that I have to give up the lease of the above blocks. The new
trustees of the adjoining block 1B5B3 have made their lease unattainable and it
is not feasible for me to continue with your lease.
The current
rates for the block are $18.30, $14.60 and $1404.00 per year. The rates are
paid up until the end of the year.
A thought
would be to contact Mary Reid as she leases the blocks on either side and could
be an option for her to lease it. Her phone number is 06375656 or Eru Ormond
who has leased the block in the past.
Wishing you
and you whanau a merry Christmas and a happy new year!
Kind
regards,
Peter
Bremner.
----------------------------------------------------------------------------------------------------------------
NOTES TO
CLARIFY PETER’S LETTER:
· RATES –
$18.30
BLOCK 15
$14.60
RANGI PEPUERE WHENUA
$1404
1B5B9
· “The
rates are paid up until the end of the year” – The rates are paid up until December 31st
2013.
§ OTHER BUSINESS
A) Jim’s Letter Appendix
13
Einstein Street
Gisborne
January 27th
2014
Dear
Whanau / shareholders in Rangi Pepuere Whenua,
I have a
goal that I would like to see happen in my lifetime – it is that our families
are using Rangi Pepuere Whenua.
As you
know we have talked about this happening for nearly ten years and still nothing
has eventuated.
The only
way I can see this happening in the near future is if I take it upon myself to
get a basic camping area set up on the land.
What I am
asking the shareholders to consider is this:
1.
Allow
a portion of the land to be able to be used as a camp site
2.
Allow
me to flatten a portion of the land to accommodate tents
3.
Allow
me to flatten part of the land to allow for drive on access to the camping area
4.
Allow
me to place a small removable shed on the land to house cooking facilities etc.
5.
Allow
me to fence off this portion of land so that a) the farmer is still able to
graze on the land while the campsite is being used and b) when the campsite is
not being used the farmer can still graze the whole piece of land
6.
Allow
me to pay any increase in rates that may occur from this development
7.
Allow
me to rent out the campsite as I see fit and retain any monies gained
8.
Allow
me to have the land available to shareholders with the option to use the
facilities for a fee
9.
Include
in any new lease agreements with a farmer that there is an opportunity to put
these things in place, e.g. “Whanau have
the opportunity to fence off approx. 400sqm of land to be developed and
utilized as an area suitable for camping.”
10. Allow me to use the land in this
way for at least 5 years from the date of establishment
Because
this campsite development will be simple, and no formal structures will be in
place on the land, there will be no reason that future projects can’t take
place.
I will
endeavor to have the work completed in such a way that there would be minimal
disruption to the farmer.
I will
abide by any legal and council requirements when establishing the campsite
I will
treat the land and it’s waterways with the utmost respect
My hope
is that my fellow shareholders will see this as a way that we can all use Rangi
Pepuere Whenua, now and in the future.
Jim Pewhairangi
Minutes from Previous
Meeting APPENDIX
Rangi
Pepuere Whenua Meeting
14
November 2013. Mere’s house.
Present:
Rangi, Tups, Jim, Kim, Mere, Steve, Jo, Hirini
Meeting
started at 5.24pm with a Karakia from Jim
Jim
thanked Mere and Hirini for having us
1. Jim invited Steve to
tell others about doing Penetrometer testing:
Steve
–
(A penetrometer is a
device to test the strength of a material such as soil. The penetrometer is dropped on the test
subject or pressed against it and the depth of the resulting hole is measured.
The measurements determine whether the soil is strong enough to build a road
on. – Wikipedia)
The
Council has penetrometer that is available to use. Steve would be happy to take
this to Whangawehi to test the stability of the ground. From there we can make
an assumption of whether the block is suitable for building on. This would not
be instead of a geo-tech report but would give us a good indication of how
suitable the land would be for erecting a permanent structure prior to spending
any money on further testing. Steve has engineer friend who may be able to help
clarify findings.
Questions
Q. Where do you get it from
and how much does it cost?
A. Loaned from council, all
though this (costs involved if any) needs to be clarified.
Q. Does the instrument
gauge water?
A. No. It tests how firm
the earth is.
The
water that comes off the hill will need managing but this will be done as part
of the permitting requirements when building.
Q. Do geo-tech people use
this?
A. Yes they do, and they
will do it again when they do their reporting.
Q. Transportable buildings
– do you still need geo-tech reports?
A. This needs to be
clarified. Permits are still required.
RESULT: All agreed that
this is the next step. Steve thinks he could do this before the end of January.
2. Jim would like other shareholders to consider
him becoming the leaseholder of the land (as per the Farmer is now) for a
period of time with the option to put removable building/s on it.
· The land will be used
· It is of no financial
consequence to shareholders as responsibility of rates will be the Leaseholders
(as per the Farmer now)
· The shareholders can put
perimeters into the lease agreement (time frames, types of buildings / size of
buildings etc.)
· Share holders would still
able to use it
Tups
would like time to think about it.
The
others think it is a good idea however more information is required before
decisions are made.
RESULT: Another meeting
is scheduled for Thursday Jan 30th (subject to change) to discuss
results of Penetrometer testing and to give Tups time to think about Jims
request. Koha will be provided to Steve for petrol and any hiring or equipment
to carry out the testing.
3. Tups wanted to make us
all aware that Scott is still a shareholder.
“I
want whanau to be aware that Scott is the 9th Shareholder who has
not paid any money for his share of partitioning or surveying costs.
The
other 8 shareholders covered the boundary fence.
I
am not prepared t do this anymore as Scott is able to claim 1/9th of
any land improvements.”
Mere
said she is unable to contact Scott but tried several times. Tups agreed.
Tups
was concerned that since Scotts partner is from Wairoa, she or her whanau would
know about “the ‘choice’ land at Mahia and plop themselves on our land.”
Rangi
thought that through the Maori land court you could state that Scott has not
contributed financially and therefore has no rights to any improvements.
Other:
· Peter Brennan’s lease
expires in 2017. It is understood that it was written in his last lease re:
vacating if there was going to be any building done. Peter is aware of this and
is happy to vacate when we are ready.
Jim
closed the Meeting with a Karakia at 6.02pm
-
Everyone
to bring their Lotto dream to the next meeting..
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