Maori Land Court Judge Warren stepped back from dismissing warring trustees of a New Plymouth charitable trust which would have had the effect of them never again being able to act as trustee of Ngati Tawhirikura Charitable Trust. With terms of office for five named trustees having expired or about to expire, he instead ruled each ineligible to stand again for prescribed periods ranging from two years to six years, part of a ‘cooling off’ process.
Trustees had split into two factions in what Judge Warren described as a war waged for control. Evidence was given of trustees acting without authority and failing to hold or to attend trustee meetings, coupled with sustained patterns of aggressive bullying and disruptive behaviour.
Judge Warren said there were grounds for Te Ture Whenua Maori Act removal of trustees for cause.
The Trust’s governing deed prohibits any dismissed trustee from ever again standing for election as trustee.
There is no evidence that trustee conflict resulted in any significant financial loss to the Trust, he said. This dysfunction was not attributable to one faction alone, but arose from a collective breakdown in relationships in which all trustees bear some responsibility, he stated.
A ‘cooling off’ period can restore harmony, he indicated.
A six year ban from standing as trustee was imposed on Glen Skipper and Rangi Kupa, described as being central to the conflict.
A lesser ban of three years was imposed on Beverly Gibson; two years for Sharron Wipiti and Tarina Macdonald, with these two described as being least to blame having taken a ‘follow the leader’ approach as divisions became entrenched.
Judge Warren left open for later consideration the question of whether all trustees should be ordered to return any remuneration or honorarium received as trustee.
re Ngati Tawhirikura Charitable Trust – Maori Land Court (5.06.26)
26.170