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Lawyers acting in a Maori Land Court case spoke of difficulties in securing full and frank financial disclosure from Lake Horowhenua Trust.
Philip Taueki and Charles Rudd have filed an injunction with the Maori Land Court on the grounds the trust is not complying with its trust order.
At a … View moreLawyers acting in a Maori Land Court case spoke of difficulties in securing full and frank financial disclosure from Lake Horowhenua Trust.
Philip Taueki and Charles Rudd have filed an injunction with the Maori Land Court on the grounds the trust is not complying with its trust order.
At a hearing on 21 November last year lawyer Linda Thornton who acts for Charles Rudd said, "It is difficult for us at this point to conceive of a fair process that doesn't expose that information to us."
Judge Harvey agreed and said, "I cannot imagine where a trust of this kind would be involved in anything that must be kept secret, I don't understand that."
Mr Taueki’s lawyer Leo Watson said he understood, “all documents to be disclosed…with no exceptions.”
Lawyer for the former trustees Damien Stone argued that legal privilege and commercial sensitivity should be applied to determine, “what ought to be excluded and what should be disclosed.”
Judge Harvey said, “As I stress, Mr Stone, with a trust of this nature I would need to be persuaded very strongly that there could be anything that is secret from the beneficiaries of the trust.”
"Can I add that it's important for the former trustees own self-protection that they are forthcoming with their disclosures to you as to what activities they are involved with in a voluntary or paid capacity in connection with the lake."
He said it was, "really an issue of transparency to make sure that all relevant information including bank accounts are known."
Clinton Hemana who has been appointed sole responsible trustee of Lake Horowhenua Trust by Judge Harvey said, "There are four bank accounts, it is an older account so it’s not within the anti-money laundering system for ensuring the correct entity names."
"So, there is, if you like a nickname to the account known as the Lake Horowhenua Trust and there are four subsidiary accounts to the lead account."
In reference to at least $2.3 million Government funding provided by the Environment Ministry for lake restoration projects Mr Hemana said, "those projects may be being managed by co-funding partners such as Horowhenua District Council, so the funds might have been received...and then managed by the Council."
Mr Hemana was appointed sole responsible trustee by Judge Harvey after the Maori Appellate Court quashed the appointment of former trustees due to a conflict of interest by Judge Doogan who appointed them.
Judge Doogan formerly acted for the Muaūpoko Tribal Authority; the judge’s instructing solicitor at that time Matthew Sword had become chair of the Lake Horowhenua Trust and persons active in the Muaūpoko Tribal Authority were seeking appointment as trustees of the Lake Horowhenua Trust.
The case continues.
Horowhenua's ratepayers and residents association was criticised for calling a public meeting after signing a controversial Levin landfill agreement with Horowhenua District Council.
Long time ratepayer association member Bryan Ten Have said, "I feel blindsided. I take exception to being… View moreHorowhenua's ratepayers and residents association was criticised for calling a public meeting after signing a controversial Levin landfill agreement with Horowhenua District Council.
Long time ratepayer association member Bryan Ten Have said, "I feel blindsided. I take exception to being told after the event, as I can't do anything about it. Why are you now doing deals with the Council? You know Council are not to be trusted yet you signed a gagging order and in our name. I feel like I've been sold out."
At the public meeting on 17 March organised by Horowhenua District Ratepayers and Residents Association Inc (HDRRAI) Mr Ten Have was referring to gagging clauses in the agreement that prevent the five parties who have signed the agreement from speaking publicly about the landfill.
The five parties who have signed include HDRRAI, three parties to an Environment Court appeal against leachate and odour concerns at the landfill Horowhenua Environmental Kaitiaki Alliance (HEKA), Ngati Raukawa hapu Ngati Pareraukawa, Peter Everton of Everton Farm Ltd and Lakeview Farm Ltd, and appeal respondent Horowhenua District Council.
HDRRAI chair Christine Moriarty who fronted the meeting said people could not speak about landfill matters as members of the ratepayers association but could speak as individuals.
Conflict of interest questions were raised after the meeting as Ms Moriarty has a dual role as HDRRAI chair and she is also one of three lead negotiators for HEKA. Ms Moriarty is also standing as a candidate in this year’s local body elections.
HEKA's lead kaitiaki negotiator Vivienne Taueki spoke and abruptly announced her resignation from HEKA and HDRRAI.
"I have been treated as absolute crap. You,” she said referring directly to Ms Moriarty, “used to be passionate about ensuring rights. It's shameful because we are talking about the legal rights of private property owners. We thought we had someone who would have our backs," she said before walking out because she was so upset.
Ms Taueki said she was side-lined from negotiations even though she was the lead Kaitiaki negotiator representing MuaUpoko interests as the owners of the bed of Lake Horowhenua and Hokio Stream which is affected by Levin landfill.
Billy Paki of Pareraukawa said Ms Moriarty made a submission to the Manawatu-Whanganui Regional Council (MWRC) in 2016 saying the tip should close immediately which differed with her position now.
"I always listen to my grandmother and she talked to me about Lake Horowhena. She said as long as man has a rotten heart the lake will be rotten. If not pure of heart the lake and waterways will always stay rotten."
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