New charter top of the AGM Agenda for Waipapa Marae

A new Waipapa Marae Charter will be the first item on the agenda for the Waipapa AGM in November

Acting chair Hone Edwards says the new Charter has already been presented to beneficiaries for review and comment at the August Special General Meeting.  Now we’re looking to beneficiaries to ratify the charter at the AGM. 

Hone confirmed last year’s AGM was convened under a revised Charter too but our  beneficiaries had not been given enough time to review and comment on it.

“We also jumped the gun and ran an election for trustees Judge Clark deemed invalid, in his judgement, July 2020.  He queried why we had run a separate election to appoint the chair, secretary and treasurer alongside the election of the other trustees.” 

In the new Charter, Hone says, the Trust has reverted to the "normal practice" at an AGM which is to elect Trustees who will elect their own Chair, Secretary and Treasurer at their first meeting.

“The other important issue to note here is, up until the July judgement this year, our 5 new trustees had been carrying the huge workload for the Trust to implement the new infrastructure rebuild, a job double the size of the wharekai build.  After the elections were ruled invalid, it only left 4 trustees with legal standing.  Fortunately the other 5 remained available to help when needed with scoping the rebuild because we were too far down the track with the feasibility plan and strategic planning.  If they’re voted back in at the November AGM as trustees, I have no doubt, they have the institutional knowledge and experience now to rebuild our broken infrastructure.”

Hone says it’s important to build on our strengths and learn from our mistakes.

“We are fully committed to conducting a legal and proper AGM which is why, the ratification of the new Waipapa Marae Charter will be the first item up on the AGM agenda in November. 

The hard work has already been completed by beneficiaries at the Special General Meeting in August.  The purpose of the SGM was to give beneficiaries time to examine the new Charter in detail which we posted well in advance on the marae website prior to the SGM.   All advice from beneficiaries who attended the SGM in August, has been incorporated into this new Charter

At the SGM, beneficiaries were divided into 5 groups to workshop questions tabled by beneficiaries.

The questions included Marae tikanga and kawa.  This was raised as one of the important considerations asking whether trustees should be the kaitiaki of marae tikanga.  The SGM response was leave it to our kuia and kaumātua.  They are the conveyors of marae protocol, kawa and tikanga.

Hone reinforced the SGM decision saying the legal responsibility of trustees lies with governance not tikanga.

On a similar note, the question was asked whether trustees should be responsible for resolving raruraru on the marae with the mana to remove people from the marae if deemed necessary. Beneficiaries agreed this is a trustee responsibility.  Hone says it’s a responsibility also defined in the Disputes Resolution in the Charter.

“For disputes that occur on Waipapa marae, the Trust is obliged to undertake a resolution process that deals with the issues at an early stage.”

The issue of representation was raised by marae beneficiaries asking whether there should be a trustee on the marae committee and the majority of beneficiaries felt it wasn’t necessary.  Instead, they felt the chairman of the marae committee should attend monthly meetings for trustees but legally unable to vote on resolutions. 

However, Hone says it made sense for the trust treasurer to  administer accounts for both the Marae Trust and Marae Committee without being an active member of the marae committee. 

At the SGM in August, beneficiaries asked for a section in the charter that explains the governance structure.  Hone says an organisational structure is included in the marae policy & procedures manual.  He says it identifies the relationships and connections of the Marae Trust with kaumātua and kuia, the marae committee, sub-committees, beneficiaries and external stakeholders.

“Our kaumātua and kuia guide us in tikanga and kawa, our beneficiaries are the heart and soul of our marae, our marae trustees exercise legal governance over all matters on the marae other than tikanga and kawa and our marae committee is responsible for the operational day to day running of the marae.” 

There were only two proposed changes to the Charter raised at the SGM and endorsed by beneficiaries.  Trustees approved both of the proposed changes:

1. To develop and publish trust policies and practices to manage and administer all activities of the marae
2. To delegate work to a sub-committee to deal more effectively with complex and specialised issues and to use Trustee time more efficiently.

With regards to the first proposed change, Acting chair, Hone Edwards says the Policy & Procedures manual supports the charter by defining the policy, processes and standards for the Marae Trust and Marae Committee. 

“It sets out our minimum performance expectations.  These policies and procedures in the manual will be reviewed every two years by the Chairs of the Marae Trust and the Marae Committee to ensure the policies and procedures remain relevant to the marae.”

Secondly, he says the Trust can establish sub-committees to undertake specific projects or activities relevant to the operation of the marae with the ability to make recommendations to the Trust about what needs to be done. Currently the Trust has formed a sub commmittee to oversee Phase 2 of the infrasturcture build; the committee includes the Chairman of the Marae Committee and reports directly back to the Trust.

“A sub-committee delegation does not absolve the Trust of its responsiblities.   It’s important to understand, the Trust retains the mana and the collective responsibility for all governance decisions on the marae.”

The charter clearly lays out the legal obligations the Marae Trust has to the Māori Land Court to our marae committee and our marae beneficiaries. 

This includes issues Judge SR Clark raised in his Court Judgement of 9 July 202 requesting they be addressed in the new charter.

1. Definition of Beneficial Class

The current class is defined as Ngāti Hikairo and Waikato Tribes.

This has now been changed in the new Charter, Pg 5.

“Beneficiaries are those who whakapapa to Ngāti Hikairo ki Kāwhia and affiliate to Waipapa Marae”

2. Waipapa Beneficiary Roll

The Trust will develop a Waipapa Beneficiary Roll in time but now there is no authorised Waipapa Beneficiary Roll.Therefore, all references to a beneficiary roll have been deleted from this Charter.For registration requirements to vote in the trustee elections for example, beneficiaries are defined in (1) above as those who whakapapa to Ngāti Hikairo ki Kāwhia and affiliate to Waipapa Marae

However, to vote in our Te Whakakitenga elections, you must be registered on the Waikato Tainui Beneficiary Roll.

3. Election process for the Trust Chairman, Secretary and Treasurer

At the first Trust meeting after new trustees have been endorsed by the Māori Land Court, the Trust will conduct an election for these key roles.

4. Composition and election of Marae Committee Members

Membership will normally consist of beneficiaries of Waipapa Marae. However, the membership is not restricted to Marae beneficiaries.Also, the Treasurer of the Marae Trust will provide financial support to both the Trust and Marae Committee.

Feedback from Special General Meeting held 29 August to endorse new Charter

All advice from beneficiaries who attended the SGM in August, has been incorporated into this new Charter

Now, it is at the direction of the Māori Land Court the new Charter be tabled at the upcoming AGM to be ratified by beneficiaries present on the day.  This means all beneficiaries aged 18 years or older are eligible to vote to ratify the Charter. 

“Ratify means you as beneficiaries formally give your consent to the charter by a simple majority vote by beneficiaries present on the day as well as those beneficiaries holding proxy of members unable to attend this AGM.”

The AGM is the formal hui seeking your consent for the charter to be implemented as a legal document he says.

In the event, the majority of beneficiaries vote to ratify the new charter, Hone says the Māori Land Court has advised we can implement the charter immediately and run the remainder of the AGM agenda in line with the new charter rules particularly around elections. 

“This means the new charter will define your eligibility to vote as well as the rules that apply to the trustee elections and marae committee elections. However, the Charter doesn’t apply to Te Whakakitenga elections

It will mean that the mamae caused by the Māori Land Court case brought against the trustees by beneficiary Gareth Seymour can be set aside so we can all move forward together again and get on with the jobs at hand to fix our broken infrastructure on the marae, our sewage and wastewater system, our toilets and our fire alarms and water sprinklers.”

Hone says these health and safety issues have plagued our marae for decades and it’s time to take on the challenge and fix them to ensure our King is safe when we host him and his manuwhiri at the poukai. 

“It also means we’ll be able to open our marae and bring our tangihanga home to Waipapa.  But at the moment our marae is a huge health and safety risk.”

Hone says the current 4 trustees and 5 shadow trustees have worked tirelessly with our engineers from Blake Consulting Limited from Otorohanga and Hamilton based PAUA Architects Limited to lock in the planning for infrastructure rebuild.  Our feasibility plan has sketched out the reality for us he says.

“The feasibility plan is almost ready for sign off so we can implement our funding strategy.  This will also mean the marae will also have to trigger one third of the total costs so this will be our priority in the Annual Plan for the year ahead.” 

Hone says we are now at a crucial point to make this all happen. 

“This infrastructure rebuild is a much bigger challenge than it was to build our new wharekai and we’re almost there.  As Acting chair, I take this opportunity to sincerely thank our team of 4 trustees and 5 shadow trustees Cathrine Moke, Nedra Wetere-Dunn, Tegan Porima, Tiki Porima and Rick Tai who stayed on to help as required. Without your huge contribution, the trust would never have made it to this point having to deal with the court case that kicked in during the build of the new wharekai.  This kaupapa is too far down the track to turn back now.  Without your continued input into this infrastructure rebuild,  it will not go ahead and that would be a huge loss for the marae.”