Whakatōhea Māori Trust Board Order 2018

2018/258

Coat of Arms of New Zealand

Whakatōhea Māori Trust Board Order 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 10th day of December 2018

Present:
Her Excellency the Governor-General in Council

This order is made under section 55 of the Maori Trust Boards Act 1955 on the advice and with the consent of the Executive Council.

Order

1 Title

This order is the Whakatōhea Māori Trust Board Order 2018.

2 Commencement

This order comes into force on the day after the date of its notification in the Gazette.

3 Interpretation

In this order, unless the context otherwise requires,—

Board means the Whakatōhea Māori Trust Board

required time means not later than 1 month after the latest date fixed by section 47 of the Act for the lodging of nominations

Secretary means Secretary of the Board.

4 Background

(1)

The term of office of the outgoing members of the Board expired on 18 March 2018.

(2)

The Board held an election for new members that was completed on 30 November 2017.

(3)

However, the election was irregular because the Board failed to comply with the following procedural requirements for conducting an election under the Act:

(a)

the requirement in section 46(3) of the Act that nominations be lodged with the Secretary not later than 3 months before the day on which the members’ term of office expires (one nomination was received 30 minutes after nominations had closed); and

(b)

the requirement in section 51 of the Act that the Secretary post ballot papers to each beneficiary within the required time (732 ballot papers were reissued shortly after the required time).

5 Validation and appointment

Despite the irregularities described in clause 4(3),—

(a)

the 2017 election of members to the Board is, and always has been, valid:

(b)

the persons elected in the election are appointed as members of the Board as follows:

(i)

Robert Edwards and Mereaira Hata are to represent the Ngāti Ruatakena Hapū division:

(ii)

Amber Rakuraku-Rosieur and Micah Tawhara are to represent the Ngāti Ira Hapū division:

(iii)

Karen Mokomoko and Maui Hudson are to represent the Ngāi Tamahaua division:

(iv)

Josephine Hinehou Mortensen and Gaylene Tuari-Kohunui are to represent the Upokorehe division:

(c)

the candidates whose nominations were unopposed are appointed (by the operation of section 48(2) of the Act) as members of the Board as follows:

(i)

Tahu Taia and Te Kahautu Dudu Maxwell are to represent the Ngāti Ngāhere division:

(ii)

Bradley Walker and Graeme Paki Riesterer are to represent the Ngāti Patumoana division:

(d)

the members of the Board referred to in paragraphs (b) and (c) hold office for a term of 3 years starting on the commencement of this order.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order comes into force on the day after the date of its notification in the Gazette. The order validates the election of members to the Whakatōhea Māori Trust Board on 30 November 2017. The election was subject to the irregularities specified in clause 4(3). The members (including those whose nominations were unopposed) are appointed to the Board for a term of 3 years starting on the date of the commencement of this order.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 13 December 2018.

This order is administered by Te Puni Kōkiri.