The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This order is administered by Te Puni Kōkiri.

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.

1	Title
2	Commencement
3	Interpretation
4	Background
5	Validation and appointment
	Explanatory note
	Gazette Information
	Notes

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,—

Act means the Maori Trust Boards Act 1955

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 2019.

Date of notification in Gazette: 13 December 2018.

Notes

1 General

This is a consolidation of the Whakatōhea Māori Trust Board Order 2018 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Whakatōhea Claims Settlement Act 2024 (2024 No 15): section 206

Sort by

Whakatōhea Māori Trust Board Order 2018