Kia ora ano te whanau - So now is just as good a time to post sections 8 and 9 of the letter. The summary of the letter then follows. Sorry about posting this in bits’n’pieces, but my computer is struggling cos the C drive is nearly full. However, I am soon to add more chips and also do the arduous task of “cleaning out” stuff that I no longer need to store. Time is so precious and there’s just not enough of it in a day. Anei te wahanga 8 & 9 o te tuhinga kua tukuna ki te hunga whakahaere – 8. TIMELY ISSUING OF THE ANNUAL REPORT FOR AGM: We request the following - Issuing of the full material (hard copy) Annual Report for beneficiaries, to receive it at least 20 days before the AGM, is adopted by the NTST Trustees, and all of the NTHL Group Directors and Shareholders for the following reasons – 8.1 To provide adequate time and opportunity for beneficiaries to fully appreciate prevailing Issues and to prepare any questions they may wish to ask at the AGM; 8.2 Pro-active responsiveness is a time saver at the AGM. We also request - 8.3 Inclusion in the material NTST Annual Report of written comprehensive Financial Reports of - 8.3.1 NTST, AND - ALL of the NTHL Group companies, namely - 8.3.1.1 Ngāti Tūwharetoa Holdings Limited; 8.3.1.2 Ngāti Tūwharetoa Geothermal Assets Limited (NTGA); 8.3.2.3 Ngāti Tūwharetoa Custodian Trustee Company Limited; 8.3.2.4 Ngāti Tūwharetoa Fisheries Limited; 8.3.2.5 Ngāti Tūwharetoa Fisheries Holdings Limited; AND, any other Ngāti Tūwharetoa Bay of Plenty Settlement Trust related companies not yet disclosed to beneficiaries that may be known to some, or all, of the NTST Trustees and Directors and Shareholders of the NTHL Group of companies. This should include Progress reports (updates) and performance of each of those companies’ economic activities; the Trustees and Directors ANNUAL STATEMENTS OF INTENT for each, and a brief of the purpose (function) of each of those structures, how each relates to, and when each reports to, NTST. 8.4 NTST Trustees, and NTHL Group of companies’ Directors and Shareholders prior notice to beneficiaries, before the AGM, fully explaining purpose of – 8.4.1 Professional persons’ presence at the AGM; 8.4.2 The need for security guard services; (which, many beneficiaries find intimidating and intrusive). ITEM 8 REQUESTED TASK: Please send your written responses to all of 8.1 to 8.4.2 above, without delay. 9. REVIEW OF THE CURRENT MANAGER POSITION AND APPOINTMENT OF A CEO TO OPTIMISE IMPARTIALITY BETWEEN GOVERNANCE AND MANAGEMENT : We attach for your reference a news clipping which supports our concerns regarding the impartiality and distinctions between governance and management. We request that the NTST Trustees, and NTHL Group Directors and Shareholders, review the current relationship (weaknesses) between its governance and management, as recommended in the attached news clipping. We recommend appointment of a suitably qualified CEO to replace the current Manager’s position to resolve obvious risks between the current governance and management. It is our understanding that appointment of a suitably qualified CEO was to have been effected during the ESTABLISHMENT PERIOD of the PSGE (post-settlement governance entity). But that has not occurred. ITEM 9 REQUESTED TASK: Please send your written responses to all of this item 9, as above, without delay. IN SUMMARY: We would appreciate an early reply to all our requests and inquiries. Your full written reply to all our beneficiaries’ concerns in this letter should be sent within 15 days after the next NTST Trustees’ Hui. We understand that the next Trustees’ hui is to be held on 27th June 2013. We have, therefore, timed the sending of this letter, as follows: A. This letter should reach you all at least 15 days before the next scheduled NTST Trustees’ Hui. That means you all have adequate time to read our letter for the purpose of discussing it fully at the 27th June NTST Trustees’ Hui. This is adequate time to formulate YOUR reply to all our requests and inquiries. B. The persons signing this letter are four registered beneficiaries who have been authorised to sign this letter on behalf of other registered beneficiaries. One other of the signatories is a beneficiary who is currently submitting Application for registration awaiting an outcome. C. In the meantime we are assisting in going about collecting the signatures of at least ten percent or more of registered beneficiaries to support all of our requests and inquiries in this letter. We intend to submit our own lists of other registered beneficiaries’ signatures before the 27th June 2013 NTST Trustees’ hui, in support of this letter. We are emailing a copy of this letter on Thursday 30th May 2013, and will deliver twelve signed hard copies to the NTST Office on the morning of 4th June 2013. This gives all Trustees and NTHL Group companies’ Directors and Shareholders 17 clear days before the 27th June 2013 Trustees’ hui to consider and respond to our several requests in this letter. We understand that length of time of notice is legal compliant. There may be minor changes made to the emailed copy of letter due to final editing, and, that being the case, we confirm that the signed hard copy of this letter supersedes the / any emailed courtesy copy. We believe that – D. We have clearly stated our respective Beneficiaries’ positions in this letter. E. FULL REVIEW OF THE CRUCIAL DOCUMENTS, as we have recommended at 2. to 2.9 above will resolve all the other issues outlined in this letter. Therefore, we request, and would appreciate, that the NTST Trustees, and the NTHL Group of companies’ Directors and Shareholders’ give our request for FULL REVIEW OF THE CRUCIAL DOCUMENT S the highest priority. The Wānanga and / or Special Meetings, for conducting that full review, should be progressed as a matter of urgency. We request that those remedial forums are held commencing in August 2013 through to October 2013, at one of our local Marae. Please confirm if this is agreed by the NTST Trustees and NTHL Group of companies Directors and Shareholders? We look forward to your reply to all our questions and inquiries. Thank you very much. Na Lawrence Niao Rihi Vercoe Terence Niao Registered Beneficiary Registered Beneficiary Registered Beneficiary Kawenuiarangi Niao Te Aokahari Niao Registered Beneficiary Registered Beneficiary Monica Tamatea Pending Registered Beneficiary (with undeniable Ngāti Tūwharetoa Bay of Plenty Settlement Trust beneficiary whakapapa) We will keep you all posted of the outcomes of this letter. The Beneficiaries’ Action Group letter is also to be sent for TRUSTEES due consideration and response, however, it is not for FB posting, and will be sent to the nine Committee members. Nga mihi nui to Sonny Rua, whom I saw yesterday at the Ngati Awa memorial service for the day when Ngati Awa signed the Treaty of Waitangi – 16th June 1840. Unfortunately, I didn’t get to talk with Sonny, however, I’m sure he will continue to be an awesome mediator and role model for unifying our two iwi in the knowledge that we must all leave an honourable legacy for our mokopuna who are, undeniably, ngā uri of both Mataatua and Te Arawa. We must put structures in place that reflect our multi-iwi interconnectivity, instead of re-living the 1866 Raupatu in the here and now. MAURI ORA TĀTAU KATOA.
Posted on: Mon, 17 Jun 2013 02:20:26 +0000
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