Hauraki Māori Trust Board Order 2016

2016/76

Coat of Arms of New Zealand

Hauraki Māori Trust Board Order 2016

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 4th day of April 2016

Present:
His 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 Hauraki Māori Trust Board Order 2016.

2 Commencement

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

3 Interpretation

In this order,—

Board means the Hauraki Māori Trust Board.

4 Background

(1)

The Board held an election for new members that resulted in members being elected for 10 out of the 12 divisions of the Board’s beneficiaries.

(2)

No members were validly elected for the Patukirikiri division or the Ngai Tai division.

(3)

The Board reopened nominations for an election of new members for those divisions and, at the conclusion of the second nomination period, 1 nomination was received for each division.

(4)

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 under section 46 of the Act to give notice calling for nominations for election no later than 4 months before the term of office of the previous members expired (that term expired on 13 May 2015 and nominations were not called for until 27 February 2015); and

(b)

the requirements under sections 46 and 47 of the Act to give notice that the latest date by which nominations for new members must be lodged is the date 3 months before the term of office of the previous members expires (the date was instead notified as 13 March 2015).

5 Validation and appointment

Despite the irregularities specified in clause 4(4),—

(a)

the election process described in clause 4(3) and (4) is, and always has been, valid; and

(b)

the persons elected in the election referred to in clause 4(3) and (4) are appointed as members of the Board, as follows:

(i)

Wiremu Peters is to represent the Patukirikiri division; and

(ii)

Stephen Zister is to represent the Ngai Tai division; and

(c)

those members’ terms start on the commencement of this order and end on 17 May 2018.

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, which comes into force on the day after the date of its notification in the Gazette, validates the election of the Patukirikiri and Ngai Tai members to the Hauraki Māori Trust Board. The members’ terms start on the commencement of this order and end on 17 May 2018.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 7 April 2016.

This order is administered by Te Puni Kōkiri.