Urban
Maori interests spearheaded by west Auckland Waipareira Trust successfully
challenged attempts by traditional iwi to dismember Te Putea Trust set up
as part of the Waitangi Fisheries Settlement and allocated twenty million dollars
to assist Maori who do not or do not want to identify with traditional iwi.
Te Ohu Kai Moana Trustee Ltd holds
fishing quota allocated to Maori. It is
controlled by traditional iwi. The Maori
Fisheries Act required Kai Moana to set aside twenty million dollars for the
benefit of urban Maori not affiliated with their traditonal iwi. So began a drawn out tussle over control of
this trust fund held through Te Putea Whakatupu Trust. Urban Maori complain they are being shut
out. In the High Court, Trust management
was described as dysfunctional.
The National Urban Maori Authority and Waipareira Trust sued Kai Moana challenging who it appointed to the Trust
board. Te Putea directors are required
“to have a knowledge of, and are able to represent, the interests of Maori who
reside in urban areas of New Zealand.”
Kai Moana said the Trust board as a whole must have this expertise. It is not necessary that each director
individually satisfy the requirement.
Justice Simon France disagreed. Each
individual director must satisfy the statutory requirement of representing
urban Maori. This ruling gives urban
Maori a better chance of gaining control of the Trust fund.
As part of a ten year review of its
operations required by the Maori Fisheries Act, Kai Moana proposed changing Te
Putea’s board structure potentially weakening further control by urban
Maori. Te Putea did not respond to these
proposals, due in part to the ongoing dysfunctional relationship between board
members. Justice Simon France was
critical of Kai Moana and its consultative working group. It did not give proper regard to the purposes
of Te Putea and there was no proper specific consultation with urban Maori.
National
Urban Maori Authority v. Te Ohu Kai Moana – High Court (15.07.16)
16.110