Nga Puke ki Hauraki Ka tarehu E mihi ana ki te Whenua E tangi ana ki te tangata Tihei Mauri Ora

Transcription

1 KOPURARUWAI 3A 2C RESERVATION TRUST CHARTER Nga Puke ki Hauraki Ka tarehu E mihi ana ki te Whenua E tangi ana ki te tangata Tihei Mauri Ora Page 1 of 20

2 CONTENTS Introduction... PART 1 GOVERNANCE AND MANAGEMENT STRUCTURE 1. Name Whakapapa Recognition of Ownership of the land Area Whanau whanui Trustees Marae Komiti Kaumatua/Kui Taumata Whānau Wharuruhau Aims and Objectives Values Annual General Meeting Extraordinary or Special Annual General Meeting Finances Grants Alteration of These Rules Review Dispute between Trustee and Beneficiaries Dissolution Inspection of Charter... PART 2 TRUSTEE PROCESS 20. Process for Nomination for Trustees Declaration Valid Nomination Trustees Non Resident/Overseas Tenure on Trustees Removal and Vacancy of Trustees Failure to Attend meetings Voluntary Resignation Holding office on Trustees The Chairperson and Co-Chairperson The Secretary and Co - Secretary The Treasurer and Co - Treasurer Interim Chairperson Key Roles and Responsibilities for Trustees... Page 2 of 20

3 34. Quorum for Trustees Conflict of Interest... PART 3 MARAE KOMITI 36. Purpose Scope of Activity Membership Quorum for the Marae Komiti 40. Annual General Meeting (AGM) Delegate Powers... Page 3 of 20

4 Hako I te Rangi Te Pupu o Hauraki The aspiration of Nga mokopuna o Peneti Te Hoani Wharehia Toa o Hawira Taupo Whānau whanaui Iwi Maori Hapū and those who agree with the aspirations of Kerepeehi Marae with the following moemoea. Central to the activities and decisions considered for and by the people of Kerepeehi Marae of today will ultimately have an impact on the future for out Mokopuna. Withi this in mind the relationship between the various age groups and entitle within Kerepeehi Marae will be treated with the utmost respect and goodwill. Page 4 of 20

5 INTRODUCTION The Marae is central to Maoritanga (traditions and cultural practices) and integral to Maori cultural identity. Maori oratory, language, values and social etiquette are given their fullest expression on the Marae, particularly during tangihanga and Hui. The Marae is socially integrated in the holistic approach that fosters identity, self respect, pride and social control. The Marae is one institution where peoples of all nations can experience Maori culture and develop an understanding of what it truly means to have a bicultural society. Marae are places of refuge for our people and provide facilities to enable Maori to continue with a way of life within the context of Maori values and principles. Maori need our Marae for a host of reasons: That we may rise tall in oratory That we may weep for our dead That we may pray to God That we may have our feasts That we may house our guests That we may have our meetings That we may have our weddings That we may have our reunions That we may sing That we may dance That we may educate That we may pass on the knowledge And then know the richness of life And the proud heritage that is truly yours Te Ture Whenau Maori Act 1993 and the Maori Reservations Regulations 1994 provide important guidelines to the way in which Maori reservations are governed and administered, particularly lands set aside for the purpose of a marae. The Charter is an instrument which provides for the Courts expectations and enables the beneficiaries to determine and outline their areas of interests. This Charter will be part of a series of instrument, such as policies, plans, strategies to give effect on the Marae governance and management. This Charter has been developed into three parts: Part One outlines the various structures in place to ensure that the marae is functioning; Part Two focuses on the Trustee process and informs the beneficiaries on how, what, when and where to access this level of governance, Part Three is centered on the Marae Committee process, the key operational area of the Marae. Page 5 of 20

6 PART 1 GOVERNANCE AND MANAGEMENT 1. NAME This Charter refers to and for the land known as Kopuraruwai 3A 2C Reservation Maori Trust commonly known as Kerepeehi Marae. 2. WHAKAPAPA On the 10 day of February 1936;a Partition order, a recommendation that land be set aside as a Maori Reservation and an Order of Exchange, came before Charles Edward McCormick, Esquire, Judge in the Native Land Court of New Zealand. It is the Order of Exchange where the whole if the interest of Timi Makirangi in Kopuraruwai 3A 2C Reserve block being the whole of the said block shall be said block and the same are hereby vested in the said Peneti Waimango (Hoani) f 1.1/7 shares and Peita Peneti f.1shares as the owners the owners thereof as from the 10 day of February It is later recorded that Peita Peneti, daughter of the Peneti is deceased. An application made by Peneti Hoani those acres to enclose the meeting house (that was there at that time) and acres lying on the east banks of the Piako River is created as a native reserve under the section 298/31. Made final on 12 February In 1998 Kopuraruwai 3A, 2C Reserve was formally gazetted as a Marae and Urupa for the common use and benefits of the owners, the descendants if the owners and the beneficiaries of the Kerepeehi Marae, this gazette was amended in 2010 to:...( c ) section 338 (5) (d) redefining the beneficiaries of KopuraruwaI 3a 2c Reserve Block (Kerepeehi Marae) being; a) the owners; b) the descendants of Peneti Waimango (Hoani); c) the descendants of Hako; and d) those persons who agree with the aspirations of Kerepeehi Marae 3. RECOGNITION OF THE OWNERSHIP OF THE LAND This Charter shall recognise respect and protect the intentions of the owners to retain the ownership of the land, to this end, any decisions which directly or potentially undermine the retention of ownership or: Change the purpose of the reserve for which it was intended for; Change the name of the reserve for which it was named; Sell, exchange or partition any parts of the reserve lands; Page 6 of 20

7 4. AREA Lease or use any revenue from the lease without the direction of the Maori Court; Alter the land in anyway without the consent the owners; Or in anyway diminish the ownership of the land. will be referred to the owners, and be deemed to be in breach of the Charter. The Maori Reservation Kopuraruwai 3A 2C covers an area if acres. As this area is in two parts; acres is situated on the east banks of the Piako River and located towards the end and on the western side of McGowan Avenue, Kerepeehi; 5 acres ( ha) is the land set aside for the Marae and Urupa Located on this Reservation is the; Whare Tipuna, Te Iti o Hauraki; Whare kai, Tutu Hauauru (named for Aunty Alice s father); Kohanga Reo (Preschool); Whare paku (ablution block); Nga Urupa; Tamahaurua, Tangi A Ruru and Kapua Te Rangi is not situated on Kopuraruwai 3A, 2C Reservation, but our Tipouna lay at rest there. See Appendices A2 Please note the registered office for the Marae shall be; Kerepeehi Marae, McGowan Avenue, Kerepeehi. THAMES. 5. WHANAU WHANUI 5.1 Pursuant to section 338 (5) (d) of the Ture Whenua Maori Act 1993, the purpose of the said Maori reservation are redefined by:redefining the person or class of persons for whose benefit and use of the reservation is made being; a) the owners; b) the descendants of Peneti Waimango (Hoani); c) the descendants of Hako; and d) those persons who agree with the aspirations of Kerepeehi Marae See Appendices Spouses of whanau whanui which are either a descendant of the Owners or the Community of Kerepeehi Marae as outlined in section 5.1 are accorded the full rights of beneficiary status. 5.3 The whanau whanui shall be responsible and entitled to: Page 7 of 20

8 Attend AGM or Marae meeting, Contribute to the decision making through Hui, discussions, proposals, expression of viewpoints and highlight issues impacting on the Marae, in accordance with Standing orders and speaking rights, Submit recommendations in writing, including a request to make verbal presentation to the Trustees. Where appropriate 20 years and over, are entitled to vote and stand for office, Monitor the responsibilities of the delegated powers, Elect and remove the members of the Marae Trustees and Marae Komiti. 6. TRUSTEES 6.1 The whanau whanui shall delegate the responsibility to provide leadership, direction and governance of Kerepeehi Marae to a Board known as the Kerepeehi Marae Trustees (The Trustees). 6.2 The Trustees are accountable to the whanau whanui and to the Maori Land Court and shall advise what they intend to do and achieve, and provide reports on and be held responsible for what they have done and achieved. 6.3 The membership of the Trustees shall consist of nine (9) which are five (5) representatives from the owners, and four (4) from persons who agree with the aspirations of Kerepeehi Marae. 6.4 The Trustees are able to appoint committee s, sub committee s, working party, project teams, steering groups, or person as it considers appropriate to carry out decision making functions which are consistent, give effect and reinforces the aims and objectives of Kerepeehi Marae in an efficient, effective manner. 6.5 See Part 2 Trustee Process 7. MARAE KOMITI 7.1 The Trustees shall delegate the responsibility of the day- to day- operational and management to the Kerepeehi Marae Komiti, to be referred to as the Marae Komiti. 7.2 See Part 3 Marae Komiti Process. 8 KAUMATUA/KUI TAUMATA /PAE TAPU/WHANAU WHAKARURUHAU 8.1 The Trustees and elders of Kerepeehi nga Kaumatua/Kui Taumata are responsible for upholding the tikanga, values, aims and objectives of the Marae. 8.2 The Kaumatua/Kui Taumata are entitled to attend all Trustees meetings Page 8 of 20

9 and any other Committee meetings with speaking rights within the scope of Standing orders. 9 AIMS AND OBJECTIVES To protect and uphold the integrity of Kerepeehi Marae, including the legacy of Tipuna o mua, To act in good faith in accordance with the Maori Reservations Regulations 1994 in respect of the land set aside for the Marae, Urupa and Kohanga Reo, To promote the purpose of the reservation for the benefit of the beneficiaries entitled to the use and enjoyment of the reservation, To provide leadership, direction and govern the marae area and urupa development; Ensuring the stated Aims and Objectives are maintained; To support whanau to maintain the Marae premises, facilities, equipment, and Urupa; To represent, and advocate for the interests of Kerepeehi Marae; Foster relationships with key stakeholders within the wider community; To communicate with all interested parties. 10 VALUES Whanaungatanga to foster and forge strong relationships so people will be valued, respected and feel free to express ideas to be able to participate. Kotahitanga to develop an environment for the unity of all beneficiaries; Kaitiakitanga to provide the guardianship, the keeper, the protector and a duty of care to the valued treasures of Kerepeehi Marae; Manaakitanga to nurture, enrich, empower people to feel safe and welcome. 11. ANNUAL GENERAL MEETING (AGM) 11.1 The AGM shall be held before the last day of June each year; 11.2 The date of the AGM shall be determined by the Trustees; 11.3 Twenty one days public notification shall be given in the local newspaper circulated in NZ Herald, Waikato regional papers and on ; 11.4 The purpose of the AGM must be stated and the Agenda published; Page 9 of 20

10 11.5 All reports from the Trustees and any other Committee of the Marae must be made available for the AGM; 11.6 No business shall be conducted at any AGM unless there is a quorum; 11.7 Twenty (20) adult beneficiaries present shall constitute a quorum for the AGM; 11.8 No proxy votes shall be allowed; 11.9 In the event that there is no quorum, AGM business can be presented and RECEIVED, but cannot be ACCEPTED In consultation with the beneficiaries present the Trustees can determine a Extraordinary or Special Annual General Meeting for the purpose of confirming business. 12. EXTRAORDINARY OR SPECIAL GENERAL MEETINGS 12.1 A Extraordinary Special General Meeting can be called by the Trustees or by petition from beneficiaries to the Trustees stating the purpose for the Extraordinary or Special General Meeting, notwithstanding 11.9 above; 12.2 The meeting must be held within 21 days of the Chairperson receiving the petition and the Trustees shall provide public notification in the local newspaper circulated in NZ Herald, Waikato regional papers and on FINANCES 13.1 The financial year of the Kerepeehi Marae shall commence on 30 June: 13.2 The Trustees will receive revenue from such grants, payments, donations, membership fees (if applicable) and other revenue as may be made to the Trustees. These monies may be held, given as grants, expended, invested, or disposed of in any manner as approved by the Trustees; 13.3 The funds may be kept in a bank account under the name of Kerepeehi Marae Trustee with a bank approved by the Trustee: 13.4 Signatories to cheques may be any three (3) of the Trustees members; one must be the Chairperson or Co Chairperson and any other two (2) persons as approved by the Trustees; 13.5 The Auditor shall be appointed at the AGM for the following year. 14. GRANTS 14.1 All grants applied for on behalf of Kopuraruwai 3A 2C Reservation Trust (Kerepeehi marae) can be applied for, however, the application must be approved by the Trustees Page 10 of 20

11 15. ALTERATION OF THESE RULES 15.1 The rules of the Charter may be altered, added to, rescinded or otherwise amended by those present at an Annual General Meeting or Extraordinary or Special General Meeting. 16. REVIEW 16.1 The Charter shall be reviewed every five years. 17. DISPUTES BETWEEN TRUSTEES AND BENEFICARIES 17.1 The Trustees will undertake to manage potential conflicts or issues between Trustees and Beneficiaries through a reconciliation process which may involve one or more of the following; Kanohi to kanohi of all parties, Matter referred to kaumatua for further consideration, Hui a whanau Independent mediation, or By legal means. 18. DISSOLUTION 18.1 The Trustees may be dissolved upon the vote of a majority of those present at an Annual General Meeting or Special General Meeting and where appropriate by the Courts. 19. INSPECTION OF CHARTER 19.1 The Charter will be available for inspection on written request to the Trustees. PART 2 Page 11 of 20

12 TRUSTEES PROCESS 20. PROCCESS FOR NOMINATION OF TRUSTEES 20.1 As outlined in 6.1, the Trustee membership shall consist of a total of nine (9); five (5) representatives from the original owners, and 4 (four) from persons who agree with the aspirations of Kerepeehi Marae The owners shall convene a Hui to select (5) Trustees and advise the whanau whanui, 20.3 Those persons who agree with the aspirations of Kerepeehi Marae shall convene a Hui to nominate and select (4) Trustees 20.4 Important to note the whanau whanui have the ability to nominate Trustees, however nominations are subject to the Court s approval, 20.5 To be eligible for election and selection, you must be 20 years and over, 20.6 Selection of nomination(s) should include one of the following skills and attributes; 21. DECLARATION Familiarization of whanau, hapu and iwi dynamics, Understanding of legal obligations and laws beyond the scope of the Marae and Urupa, Financial and business acumen, Respect and knowledge of tikanga/kawa and te reo Maori, Willing to attend regular Trustees meetings, or other meetings where appropriate, 21.1 Nominations are subject to scrutiny and maybe ineligible for Trustees as result of: Bankruptcy; A minor; Under mental disability; Convicted of a crime involving dishonesty; Have a conviction for any criminal offence punishable by imprisonment; If in doubt please raise the matter with the Trustees, failing to do so will result in an enquiry, 22. VALID NOMINATION 22.1 The nomination for Trustees must be MOVED and SECONDED at the Kerepeehi Marae Trustee Annual General Meeting, 22.2 Nomination for Trustees shall be recognized on the day of public notice for the purpose of Nominations for Trustees at the Kerepeehi Marae Trustees Annual General Meeting, 22.3 Voting shall be by ballot at the Kerepeehi Marae Trustees Annual General Meeting, Page 12 of 20

13 22.4 Whanau whanui may nominate scrutinizers to count the votes in terms of highest voting to lowest. Results of these are to be open for public scrutiny and recorded, 22.5 In the event that there is a removal or vacancy of Trustee, the Trustees have the ability to co-opt the next highest vote, until application to the court is made, 23. TRUSTEES NON RESIDENT/OVERSEAS 23.1 A Trustee can reside overseas, but must be an active member of the Trust Board and demonstrate commitment to the aims and objectives of the Charter. The definition of active infers that the person must be aware of the operational and governance issues and aspirations of the Marae. Also to contribute in a physical way to the marae activities. 24. TENURE OF TRUSTEE 24.1 Tenure of membership of a Trustees shall be in accordance with the relevant order of the Maori Land Courts and as outlined below from the date of her or his appointment, 24.2 Current trustees will have an initial 5 year tenure after which 2 trustees will stand down, (i.e. 1 from the owners and the other from the whanau whanui/persons who agree with the aspirations of Kerepeehi Marae) and those positions will be up for re-election. 25. REMOVAL AND VACANCY OF TRUSTEE 25.1 A Trustee who at any time and for any reason fails to comply with his or her obligations in accordance with the Maori Reservations and Regulations and the Charter or bring the Trustees into disrepute will be served a written notice and an opportunity to meet with the Trustees. However should a Trustee continue to act in an unreasonable manner shall be removed from the office as a Trustee by resolution of the majority vote of the remaining Trustees at a meeting convened for that purpose. 26. FAILURE TO ATTEND MEETINGS 26.1In the event that a Trustee fails to attend 3 consecutive meetings without an apology or reasonable explanation, He or She will be served a written notice and an opportunity to meet with the Trustees and the outcome may result in resignation. 27. VOLUNTARY RESIGNATION 27.1Resignations or voluntary retirement must be made in writing and tabled at the Trustee meeting for consideration; 27.2 In the event of a member of a Trustee dies, the Trustees may seek to fill the vacancy see section 22.5 in conjunction with the Courts process. Page 13 of 20

14 28. HOLDING OFFICE ON TRUSTEE Following the Annual General Meeting, the first meeting of the Trustee shall elect; Chairperson, Co - Chairperson, Secretary, Co- Secretary, Treasurer, Co - Treasurer The Trustees shall ensure that the names of the Chairperson, Co Chairperson, Secretary, Co- Secretary, Treasurer and Co - Treasurer. are communicated to beneficiaries as soon as practicable The Trustees may appoint any person(s) to assist and provide technical support to the Boards capacity and capabilities All Trustee members have full voting rights and responsibility to participate in all levels of decision making, 29. THE CHAIRPERSON AND CO CHAIRPERSON 29.1The Chairperson and 29.2 Co Chairman shall: Be held by two Trustees to work together to fulfill the leadership role of the Trustees, Responsible to lead and manage the Trustees business through the Standing orders and Maori tikanga process, Conduct the meetings in a transparent, just and fair manner, Seek to achieve an agreement or consensus, Sign off on any formal letters, agenda, notifications, contracts, financial reports or any other significant documents which represent the interests of Kerepeehi Marae, Casting vote, In the event of a conflict of commitments delegate to the Co- Chairperson or another member of the Trustees to represent the leadership of the Trustees, In the event that the Chairperson is absent, the Co Chairperson shall undertake full responsibility. 30. THE SECRETARY AND CO SECRETARY 30.1 The duties of the Secretary and 30.2 Co Secretary shall be: Held by two (2) Trustees to work together to fulfill the administrative role of the Trustees Following the Annual General Meeting, the first meeting of the Trustees the Secretary will undertake to record the members contact details; Maintain ongoing administration support to the Trustees; Page 14 of 20

15 Prepare agenda and ensure these are circulated to members no less than 14 days prior to the meetings; Keep accurate minutes and ensure these are signed off by the Chairperson within 14 days after the Trustees meetings; Record of all decisions/resolutions and actions by the Trustees; Where appropriate or as directed by the Trustees, ensure all decisions are completed by the next Trustees meeting, Ensure the Chairperson is informed of any significant issues; All documentation must be signed off by the Chairperson; In the event that one of the Secretary is absent, the Co secretary shall undertake full responsibilities, 31. THE TREASURER AND CO-TREASURER 31.1 The duties of the Treasurer 31.2 Co Treasurer shall: Be held by two Trustees to work together to fulfill the financial responsibilities of the Trustees, Following the Annual General Meeting, the first meeting of the Trustees the Treasurer will undertake to change signatories; Ensure that accounts are up to date on of all monies received and expended by Trustees; Report all financial transactions and approval of these at the Trustees meetings Propose or develop financial policies for Trustees to consider; Reconcile or align financial records with other Committee s with delegated financial powers; Provide regular reports highlighting issues, options and providing; recommendations in a timely manner to the Trustees for consideration; Develop process for the Trustees to prepare its audited financial statements to be presented at each Annual General Meeting, In the event that one of the Treasurers is absent, the other shall undertake full responsibilities, 32. INTERIM CHAIRPERSON 32.1 In the event that the Chairperson or Co - Chairpersons are both absent or unable to act, the Trustees may call for interim chairperson from within the membership of the Trustees present at the meetings to preside. 33. KEY ROLES AND RESPONSIBILITIES FOR TRUSTEES 33.1 The duties of all members of the Trustees shall be: Authorize and/or issue permits of lawful activities on the reservation; Sign documents that comply with the Act; Apply to the Maori Land Court for directions about the administration of the reservation and the powers and obligation of the Trustees; Call meetings of interested persons about the administration of the reservation; Overall Legal and financial responsibility; Fundraising/applications for grants or contracts; Page 15 of 20

16 Develop goals, strategies and policies on the use of the Marae Atea, te Whare Tupuna, te Wharekai, and other whenua, buildings associated with the Marae through the development; Appointing subcommittees and working parties as appropriate and delegating responsibility; Consideration of proposals referred by the beneficiaries or other Committee s of Kerepeehi Marae must be supported or advocated by Trustees. 34. QUORUM FOR THE TRUSTEES 34.1 A quorum shall be five (5) members of the Trustees. 35. CONFLICT OF INTEREST 35.1 Every Trustee has an obligation to declare a conflict of interest or potential conflict of interest see Standing orders In the event of a Trustee with a conflict of interest the member must not participate in the discussion or decision, however the remaining Trustees members can determine whether the member leaves the room for the duration of the discussion; PART 3 MARAE KOMITI PROCESS Page 16 of 20

17 36. PURPOSE This is an operational committee responsible for the day to day planning, monitoring, running and maintenance of the Marae facilities, equipment, significant Hui and any other related activity including the management within: 37. SCOPE OF ACTIVITY Property and facilities operations (includes maintenance and renewals); Facilities plans and management strategies; Cemetery (including small capital works stop banks etc.) Hangi pit area; General landscaping of marae grounds and gardens; Power source usage; Water; waste water and storm-water operations; including drains, flooding and water course issues; Solid waste operations (refuse, litter, dangerous or hazardous substances and recycling initiatives); Car parking and footpath (including general access); Public Health and Safety; Use and Hireage (both short and long term of marae facilities); Recommendation to the Trustees on new initiatives; Any other specific projects or Hui referred to the Marae Komiti from the Trustees. 38. MEMBERSHIP Chairperson Co Chairperson Secretary Co Secretary Treasurer Co Treasurer Custodian Co Custodian Trustee Kaumatua/Kui Open membership to the beneficiaries Chairperson or Co-Chairperson of the Trustees (ex officio) 39. QUORUM: 39.1 Members (To be developed in conjunction with Marae Komiti) 40. ANNUAL GENERAL MEETING (AGM) 40.1 AGM shall be held on the same day prior to the Tustees AGM; Page 17 of 20

18 40.2 The date of the AGM shall be determined by the Trustees; 40.3 Twenty one days public notification shall be given in the local newspaper circulated in NZ Herald, Waikato regional papers and on; 40.4 The purpose of the AGM must be stated and the Agenda published; 40.5 All reports from the Trustees and any other Committee of the Marae must be made available for the AGM; 40.6 No business shall be conducted at any AGM unless there is a quorum; 40.7 Twenty (20) adult beneficiaries present shall constitute a quorum for the AGM; 40.8 No proxy votes shall be allowed; 40.9 In the event that there is no quorum, AGM business can be presented and RECEIVED, but cannot be ACCEPTED In consultation with the beneficiaries present the Marae Komiti can determine a Extraordinary or Special Annual General Meeting for the purpose of confirming business. 41. DELEGATED AUTHORITY 41.1 Authority to exercise all the functions within the scope of activity, 41.2 Authority to allocate or reallocate funding, including fundraising initiatives approved by the Trustees, 41.3 Authority to develop and adopt further management plans and procedures which give effect to the Trust Board goals and strategies; 41.4 Authority to undertake external relationships with key stakeholders approved by the Trustees, 41.5 Responsible for the general maintenance of the Marae facilities, grounds, hangi pit and Urupa; 41.6 Responsible for implementation of Health and Safety procedures which align to Trustees polices; Page 18 of 20

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