Threats to damage Ngati Tama’s commercial interests led to kaumatua Allen Potete White’s bankruptcy after he failed to pay a $13,800 court costs order.
Mr White was incensed by Taranaki iwi Ngati Tama’s performance in losing a 2001 $14.5 million Treaty settlement following a series of improvident investments. He had returned home in 2014 after working in Australia for nearly four decades. Demanding accountability, he threatened to disrupt ongoing commercial operations unless he was provided with detailed accounting information. Ngati Tama Custodian Trustee Ltd, the commercial vehicle holding iwi assets, sued. It said Mr White had improperly obtained a 2016 confidential report setting out sales revenue and sales projections for Homesoft, a business part-owned by Ngati Tama. The report was labelled ‘strictly confidential’ and stated it was not to be distributed. Mr White threatened to contact existing and potential customers with evidence of what he called ‘abysmal management’ within Homesoft unless he was provided with the financial information demanded. In the High Court, Ngati Tama obtained an injunction blocking contact with any Homesoft customers. Mr White did not appear in court to defend the application. He was ordered to pay $13,800 of Ngati Tama’s legal costs.
When Ngati Tama applied to bankrupt Mr White for non-payment, he challenged the need for an injunction. Associate judge Smith ruled there was no evidence that the injunction should be overturned. Mr White said bankrupting him was designed to silence him, blocking his plans to be voted into office as a Ngati Tama trustee. Judge Smith said it was commercially proper for Ngati Tama to take legal action to get what it is owed. The court was told Mr White was not elected as trustee in the most recent iwi elections.
With his behaviour, Mr White brought bankruptcy on himself, Judge Smith said; bankruptcy does not stop him continuing his forceful criticism of Ngati Tama’s financial performance. Evidence was given that Ngati Tama’s investment performance is currently being questioned in both the High Court and the Maori Land Court.
Ngati Tama Trust v. White – High Court (20.08.20)
20.143