In
what is a substantial fall from grace, kaumatua Ralph Heberley Ngatata Love
was sentenced to two years and six months imprisonment for obtaining $1.38
million by deception after diverting funds belonging to Wellington and Taranaki
Maori to buy a luxury property at Plimmerton near Wellington.
Justice Lang said a deterrent sentence is
needed to warn trustees managing assets on behalf of beneficiaries that serious
consequences will follow if they help themselves to trust assets.
Love and his partner Lorraine Skiffington
obtained payments of $1.38 million in early 2007 from developers during
negotiations for the construction of an office block on land in central
Wellington owned by the Tenths Trust.
Love had been a Tenths Trust trustee for many years. At the time of negotiations he was executive
trustee. Developers were led to believe
that payments made to a company called Pipitea Street Developments Ltd were to
reimburse Treaty negotiation expenses.
In fact, the payment was used to reduce a $1.8 million mortgage recently
taken out by Love and Ms Skiffington to purchase a home in Plimmerton. The fact of the payment was kept hidden from
the board of Tenths Trust. The court was told Ms Skiffington is very
ill. Charges against her are on hold.
Love is 79 years old. He has no previous convictions. Credit was given for the four decades of
selfless service he had provided to Maori both in Wellington and nationally. Allowance was made for his health. Medical reports before the court referred to
cardiovascular issues, diabetes and onset of dementia. Justice Lang said poor health makes a term of
imprisonment more difficult than for those in good health.
No order was made for a sale of the
Plimmerton property. Ownership is in the
name of trustees of Love’s family trust and the family trust of Ms
Skiffington. Criminal Proceeds
(Recovery) Act restraining orders have been registered against the title. The court was told there are plans to have
the property seized and sold with the proceeds going to the Tenths Trust.
R.
v. Love – High Court (7.10.16)
16.143