Takitimu’s Petane Marae on North Island’s East Coast was severely damaged following Cyclone Gabrielle in 2023. Assistance, both cash and kind, poured in. After complaints about marae trustees awarding themselves cash payments, the Maori Land Court stepped in; retrospectively validating some payments, requiring marae members’ approval for others, and in one case ordering repayment.
Judge Stone reminded all marae trustees that they must comply with the Trusts Act. Trustees are expected to act gratuitously, without any payment. The Act does allow reimbursement of expenses properly incurred in carrying out marae business.
Travel costs attending an All Black match in Auckland did not amount to expenses properly incurred, he ruled. Petane trustees charging these costs as marae expenses were ordered to make repayment. These tickets were donated to the marae following Cyclone Gabrielle, but any decision to attend was a personal decision, Judge Stone said.
Payment for services as trustee is permitted where allowed by marae rules, or otherwise approved.
Petane marae members imbued with the tradition of work on behalf of their marae being unpaid took exception to substantial payouts approved by trustees after Cyclone Gabrielle. Marae chair Rose Hiha received $12,000; treasurer Mary Martin $10,000; with $3000 each paid to fellow trustees Barbara Smith, Kanui Allana Hiha and Kuini Marewa Reti.
There was no evidence these payments had been approved by marae members.
Judge Stone validated payments of $3000 to each of the trustees in recognition of what was described as their remarkable work and long hours spent dealing with consequences of Cyclone Gabrielle.
Courts have Trusts Act powers to award reasonable remuneration to trustees when it is appropriate to do so. Recently, this power was used to validate payments made to trustees of a Tauranga marae for their work responding to a PSA infection damaging the marae’s commercial kiwifruit orchard.
Judge Stone ruled payments above $3000 to Rose Hiha as Petane marae chair and Mary Martin as marae treasurer be put to a vote from marae members.
Mary Martin was ordered to repay $4025 she had billed the marae as payment for her services at $35 per hour.
There was no contract agreeing to this payment. Judge Stone questioned why she should be billing for work done following the cyclone when she was already receiving payment of a least $3000 for this same work.
Meeting fees paid to trustees of $150 per meeting were also unauthorised. Repayment was ordered by Judge Stone, subject to marae members agreeing to these payments.
re Petane Marae – Maori Land Court (16.08.24)
24.200