ELECTION OF TRUSTEES FOR NGĀ TĀNGATA TIAKI O WHANGANUI

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1 26 March 2015 Tēnā koutou ELECTION OF TRUSTEES FOR NGĀ TĀNGATA TIAKI O WHANGANUI NOTICE OF HUI & CALL FOR NOMINATIONS FROM TE RŪNANGA O TE AWA TUPUA Nau mai hāere atu rā, ngā mihi o te whenua, o te rangi, a te tangata ki ngā hapū maha o Te Awa Tupua. Ko te iwi nui kua wahangūtia, hāere, oti atu. Tihei mōuri ora! Ruruku Whakatupua The Whanganui River Deed of Settlement, Ruruku Whakatupua, was signed at Rānana on 5 August Ruruku Whakatupua represents the culmination of many years of dedicated work by our people to have the mana of our Awa and the mana of the Iwi recognised by the Crown. To this end Ruruku Whakatupua heralds the creation of a new and unprecedented legal framework for Te Awa Tupua, which recognises Te Awa Tupua as an indivisible and living whole from the mountains to the sea, affirms the mana of the hapū and Iwi and their inalienable connection with the Awa, and provides for protection and promotion of the health and wellbeing of the Awa. As you are aware Ngā Tāngata Tiaki o Whanganui has been established as the postsettlement governance entity for Whanganui Iwi for the purposes of Ruruku Whakatupua. The five Initial Trustees of Ngā Tāngata Tiaki are Gerrard Albert (Chairperson), Ken Mair (Deputy Chair), Te Tiwha Puketapu, John Maihi and Nancy Tuaine. Trustee Elections The Initial Trustees hold office under the Ngā Tāngata Tiaki o Whanganui Trust Deed until the first full election of Trustees is held. A key responsibility of the Initial Trustees is to organise and manage the first election of Trustees which will be held between July and August this year. Through the election process this year, seven (7) Trustees will be elected to Ngā Tāngata Tiaki o Whanganui. The newly Elected Trustees will take office from the date of the first Annual General Meeting of Ngā Tāngata Tiaki o Whanganui which will be held in September. Nomination of Candidates Under the Ngā Tāngata Tiaki o Whanganui Trust Deed nominations for candidates for election are called for in two stages: first, nominations of candidates for three (3) of the Elected Trustee positions are called for from Te Rūnanga o Te Awa Tupua, the collective hapū forum of Whanganui Iwi; and secondly, nominations of candidates for the other four (4) Elected Trustee positions are called for from Whanganui Iwi members generally. 357 Victoria Avenue PO Box 544 Whanganui 4540

2 Role of Te Rūnanga o Te Awa Tupua This pānui gives notice to Te Rūnanga o Te Awa Tupua (through the hapū of Whanganui) that nominations of candidates for three (3) of the seven (7) Elected Trustee positions are sought from Te Rūnanga o Te Awa Tupua. Te Rūnanga o Te Awa Tupua is required to provide those nominations in writing (endorsed by a resolution of Te Rūnanga o Te Awa Tupua) to Ngā Tāngata Tiaki o Whanganui by 21 May 2015 in order that the election process can be completed in accordance with the timeframes required by the Ngā Tāngata Tiaki o Whanganui Trust Deed. Te Rūnanga o Te Awa Tupua will need to meet for this purpose. The requirements in relation to the nomination of candidates by Te Rūnanga o Te Awa Tupua are set out in paragraphs 4.2 to 4.6 of the Second Schedule to the Trust Deed. A summary of those provisions and other information relevant to the nomination of candidates by Te Rūnanga o Te Awa Tupua is attached as an appendix to this letter. Next Steps Hui with Te Rūnanga o Te Awa Tupua As a preliminary step in the consideration of nominations by Te Rūnanga o Te Awa Tupua, Ngā Tāngata Tiaki o Whanganui will be convening a hui with Te Rūnanga o Te Awa Tupua, to discuss and agree the process for nominations having regard to the requirements in the Trust Deed. The date and venue of this initial Te Rūnanga o Te Awa Tupua hui will be at: Venue: Putiki Marae Takarangi Street Whanganui Date: Sunday 19 th April 2015 Time: 2.00pm In the meantime, if you have questions please contact the office of Ngā Tāngata Tiaki o Whanganui at (06) or 0800 AWA TUPUA ( ) or 357 Victoria Ave, Whanganui. A copy of The Ngā Tāngata Tiaki o Whanganui Trust Deed and Ruruku Whakatupua can be accessed at or the office of Ngā Tāngata Tiaki o Whanganui. Ngā manga iti, ngā manga nui e honohono kau ana, ka tupu hei Awa Tupua The small and large streams that flow into one another and form one river, Te Awa Tupua Kāti, nāku ake Gerrard Albert Chairperson Ngā Tāngata Tiaki o Whanganui 2

3 APPENDIX NGĀ TĀNGATA TIAKI O WHANGANUI TRUSTEE ELECTIONS AND THE ROLE OF TE RŪNANGA O TE AWA TUPUA Election of Trustees The first full election of Trustees for Ngā Tāngata Tiaki o Whanganui will be held in July and August Seven (7) persons will be elected as Trustees to replace the current Initial Trustees (although the Initial Trustees are also eligible to be nominated for election). The new Elected Trustees will take office from the date of the Ngā Tāngata Tiaki o Whanganui AGM which is scheduled to be held in September Role of Trustees The responsibility of all persons elected as a Trustee to Ngā Tāngata Tiaki o Whanganui is to act in the interests of Whanganui Iwi and consistently with the purposes of Ngā Tāngata Tiaki, which include: the promotion of the social, cultural, spiritual, educational, environmental and economic advancement and wellbeing of Whanganui Iwi and its members; the promotion and protection of the health and wellbeing of Te Awa Tupua; acting as the post-settlement governance entity for Whanganui Iwi for the purpose of the settlement of the historical Treaty of Waitangi claims of Whanganui Iwi relating to the Whanganui River; and implementing the terms of the settlement of the historical Treaty of Waitangi claims of Whanganui Iwi relating to the Whanganui River contained in Ruruku Whakatupua and the Te Awa Tupua Legislation. The role of Trustees is therefore not to represent the particular hapū, marae or tūpuna rohe to which they affiliate, or to act to their personal advantage, but rather they have a fidicuary obligation as Trustees to act for the benefit of all Whanganui Iwi members. To this end, each Trustee must: (d) act in good faith and in a manner that the Trustee believes on reasonable grounds is in the interests of Whanganui Iwi; not act or agree to act in a manner which unfairly prejudices or unfairly discriminates against any particular members of Whanganui Iwi; not act in a manner which brings or is likely to bring Whanganui Iwi, Ngā Tāngata Tiaki o Whanganui or any Ngā Tāngata Tiaki entity into disrepute; and exercise the care, diligence and skill to be reasonably expected of a person acting as a trustee, taking into account any special skills or experience that the Trustee has. 3

4 Once elected, a Trustee accepts the duties, obligations and liabilities attaching to the office of Trustee under the Trust Deed of Ngā Tāngata Tiaki o Whanganui. In this regard, a Trustee will be personally liable for any losses that are attributable to his or her dishonesty or to his or her wilful commission of an act that he or she knows or should have known to be a breach of the Trust Deed. Criteria for Trustees To be eligible for nomination and election as a Trustee, a person must be: aged eighteen years of age; and a registered member of Whanganui Iwi; and resident in New Zealand. Importantly, a person is not eligible for nomination and election as a Trustee if he or she: is bankrupt and or has within the last (5) years been adjudged bankrupt; is or has ever been convicted of: an offence involving dishonesty as defined in section 2(1) of the Crimes Act 1961; or (ii) an offence under section 373(4) of the Companies Act 1993, unless that person is an eligible individual for the purposes of the Criminal Records (Clean Slate) Act 2004; (d) (e) (f) (g) is or has ever been disqualified from being a director of a company registered under the Companies Act 1955 or the Companies Act 1993; is or has ever been removed as a trustee of a trust by order of a Court on the grounds on breach of trust, lack of competence or failure to carry out the duties of a trustee satisfactorily; becomes subject to a compulsory treatment order the Mental Health (Compulsory Assessment and Treatment) Act 1992; or becomes subject to a property order made under section 30 or section 31 of the Protection of Personal and Property Rights Act 1988; or has within the last three (3) years been removed from the office of Trustee of Ngā Tāngata Tiaki o Whanganui on certain grounds specified in the Trust Deed. Nomination Form Persons being nominated as candiates for election will be required to complete a nomination form which: contains details of the candidate s full name, address and contact number; includes a declaration signed by the candidate which declares: 4

5 (ii) (iii) that the candidate meets the Trustee criteria specified above (and is not a person who ineligible to hold office as a Trustee on the basis of one or other of the precluded matters noted); that, if elected, the Trustee agrees to be bound by the terms of the Trust Deed and any other relevant Trustee obligations; and whether the nominee has been convicted of any offence under the Crimes Act 1961 and, if so, the nature of such offence or offences and any sentence received (excluding any offence for which the nominee is an eligible individual for the purposes of the Criminal Records (Clean Slate) Act 2004); (d) authorises the Trust to make enquiry of relevant persons, authorities and records to confirm any aspect of the nominee s declaration; and is accompanied by a brief curriculum vitae no more than four (4) pages in length containing details of the nominee s experience relevant to the role of Trustee. Ngā Tāngata Tiaki o Whanganui will shortly make available nomination forms in the above terms. In the case of the nominations that are being sought now from Te Rūnanga o Te Awa Tupua, each nomination form must also be accompanied with a written resolution of Te Rūnanga o Te Awa Tupua endorsing the candidate s nomination. Nominations from Te Rūnanga o Te Awa Tupua As noted, Te Rūnanga o Te Awa Tupua is required to provide nominations of candidates for election to three (3) of the seven (7) Elected Trustee positions for Ngā Tāngata Tiaki o Whanganui. These nominations must be provided by 21 May Importantly, Te Rūnanga o Te Awa Tupua will need to meet to discuss and determine the candidates that it wishes to nominate for election because those nominations must be collectively approved by a resolution of Te Rūnanga o Te Awa Tupua. Nomination Process In terms of process, the relevant provisions of the Trust Deed (paragraphs 4.2 to 4.6 of the Second Schedule) provide that: Any member of Whanganui Iwi wishing to be considered for nomination by Te Rūnanga o Te Awa Tupua may provide the Whanganui hapū to which he or she affiliates with the information required to be considered for nomination (as set out above) and, if endorsed by that hapū, the hapū shall provide that information to Te Rūnanga o Te Awa Tupua. When considering persons for nomination, Te Rūnanga o Te Awa Tupua: (ii) (iii) will consider any potential nominees endorsed by a hapū and notified to them; may consider for nomination any other member of Whanganui Iwi; may, in addition to the individual qualities of prospective nominees, also consider the collective expertise and skills of the nominees for the three (3) 5

6 Trustee positions, having regard to the Purpose of Ngā Tāngata Tiaki o Whanganui; and (iv) may, in its discretion, determine the nominations to be submitted to Ngā Tāngata Tiaki o Whanganui, but is not limited in the number of nominations that it decides to submit. The nominations from Te Rūnanga o Te Awa Tupua must be: provided to Ngā Tāngata Tiaki o Whanganui in writing on an offical nomination form; and (ii) received by Ngā Tāngata Tiaki o Whanganui by 21 May Nominations from Whanganui Iwi After the nomination of candidates by Te Rūnanga o Te Awa Tupua, Ngā Tāngata Tiaki o Whanganui will call for nominations from Whanganui Iwi members generally for candidates for election to the other four (4) trustee positions on Ngā Tāngata Tiaki o Whanganui. Those candidates nominated by Whanganui Iwi will be voted on by all adult members of Whanganui Iwi at the elections to be held in July and August 2015 (unless only four (4) persons are nominated for the four (4) Trustee positions). Election of Trustees In the event that only three (3) candidates are nominated by Te Rūnanga o Te Awa Tupua, those three (3) candidates will be deemed to be duly elected as Trustees of Ngā Tāngata Tiaki o Whanganui and will take office at the date of the AGM in September In the event that more than three (3) candidates are nominated by Te Rūnanga o Te Awa Tupua, those candidates will be voted on by all adult members of Whanganui Iwi at the elections to be held in July and August In the event that less than three (3) candidates are nominated by Te Rūnanga o Te Awa Tupua: the candidates nominated will be deemed to be duly elected as Trustees of Ngā Tāngata Tiaki o Whanganui and will take office at the date of the AGM in September 2015; and Ngā Tāngata Tiaki o Whanganui will increase the number of candidates for which it seeks nominations from Whanganui Iwi and elections will be held in July and August 2015 for those additional positions. Initial Hui on 19 April 2015 As noted, the purpose of the initial hui to be held at Putiki Marae on Sunday 19 April at 2.00pm is to enable Ngā Tāngata Tiaki o Whanganui and Te Rūnanga o Te Awa Tupua to discuss the nomination and election process that is summarised above and clarify any uncertainty. It will then be necessary for Te Rūnanga o Te Awa Tupua to hold another hui before 21 May 2015 in order to discuss and determine the candidates that Te Rūnanga o Te Awa Tupua wishes to approve and submit (by 21 May 2015) to Ngā Tāngata Tiaki o Whanganui. 6