This order is the Whakatohea Maori Trust Board Order 2002.

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

In this order,—

(1) The Trust Board held the election in May 2002.

(2) However, the election was irregular for the following reasons:

• (a) the ballot papers named certain divisions of the Board in terms slightly different to the names specified in the third column of the Second Schedule of the regulations, specifically—

  • (i) Ngaitama sub-tribe was described as “Ngati Tamahau”:

  • (ii) Ngati Patu sub-tribe was described as “Ngati Patumoana”:

  • (iii) Ngati Rua sub-tribe was described as “Ngati Ruatakenga”:

  • (iv) Ngatiira sub-tribe was described as “Ngati Irapuaia”:

• (b) the ballot papers for each division of the Board were not printed on different coloured paper:

• (c) the business-reply envelope enclosed with the ballot paper included, on its outside, a barcode for the beneficiary rather than the beneficiary's roll number:

• (d) the form of ballot paper was not in the exact form specified in the Eighth Schedule of the regulations:

• (e) the declaration to be filed by each voter was not in the exact form specified in the Ninth Schedule of the regulations:

• (f) the Returning Officer for the election was not formally appointed by the Minister.

(1) The election is, and has always been, valid, despite the irregularities specified in clause 4(2)(a) to (e).

(2) Tahu Taia was validly appointed as returning officer for the election despite the irregularity specified in clause 4(2)(f).