Struck off for misappropriating client funds, former lawyer Junior Lambert Witehira was not suitable to act as trustee of Ngai Tawake Marae near Kaikohe, the Maori Land Court ruled.
At a 2021 annual general meeting, Mr Witehira was elected as one of the Marae trustees.
A fellow trustee questioned his appointment, claiming Mr Witehira was not eligible having ticked a consent form box falsely stating: ‘I do not have any criminal convictions for dishonesty or any other offences that may disqualify me from being a trustee.’
Mr Witehira told the Maori Land Court he did not have any criminal convictions for dishonesty; a decade previously there had been investigations into operation of his law firm’s trust account, he said.
A report later provided by the Lawyers and Conveyancers Disciplinary Tribunal identified that Mr Witehira had misappropriated client funds on two separate occasions, using client funds totalling some $23,700 for his own benefit.
The Tribunal struck Mr Witehira from the roll of solicitors in 2012.
In the Maori Land Court, Judge Armstrong said a high level of trust is required from marae trustees. They hold land, cash and other marae assets in trust for members.
Whilst Mr Witehira was not convicted of dishonesty, he attempted to mislead the court by wrongly stating that he had never misappropriated client money, Judge Armstrong said.
Mr Witehira lacks the honesty and integrity to act as a marae trustee, Judge Armstrong said.
re Mataraua B 5B1A – Maori Land Court (21.11.25)
26.016