Summary Report for Hongoeka Block 4 (June 2025)

Date: 23 June 2025

Author: Geoff Mullen

Executive Summary: This report may not have the support of the full working party however it is designed to bring everyone up to date on the progress to date.

1.       In 1992, an error (ticking the wrong box) by the original trustees resulted in the Trustees becoming owners.  In this case it is Harry Mullen and Kathy Ashton are now the registered owners of the block.

2.       Both are aware of this and would like to remedy this but have differing views on the urgency. What it does mean is that nobody can succeed to their land titles until the ownership has been restored to the intended owners, as per Nanny Kamira’s will.

3.       The process for this is to change the land title, through Land Information New Zealand (LINZ). While this is a relatively simple process it does require a lawyer. LINZ is responsible for all land titles within New Zealand and as such liable for any mistakes they make as such they will only deal with lawyers.

4.       To this end Trevor Kale, Tony Cutting and Geoff Mullen meet with a lawyer from Te Tuhi legal to get costings for the transfer. These costings came back as approximately $5000. However the lawyer at Te Tuhi legal took it upon herself to question the Judges ruling in putting the title into Māori land. This was not what she was instructed to do and created confusion for which I do apologize for.

5.       Other members of the working party then advised the working party had already sorted a legal opinion and advised the working group that that Te Tuhi legal was wrong in their determination. Unfortunately, this was after the Te Tuhi Legal opinion had come out.

6.       Because of this experience with Lawyers and the associated costings, the majority of the working party wanted to explore what free legal advice we had available. I spent months tracking down options for free legal services however has heard nothing from Community Law or TePuni Kokiri in four months , initially they requested a copy of all the paperwork, and this was sent to them the day after the request.

7.       Two options have since come to the fore that would have to be considered by the whanau:

Option 1: One of the current trustees has volunteered to apply for legal aid allowing for the lawyer’s fees to be covered. As yet no hui have been called with any potential Lawyers.

Option 2: Everyone with potential interest in the land contribute $100 to the Lawyers fee. The reason it is suggested we expanded to everyone rather than just shareholders is because it in Māori title and it gives some ownership to those who have not yet succeeded to the land.

Other issues have also surfaced which need to be discussed and have differing opinions within the working group:

Trustee structures:

1.       Some members of the working group are directly opposed to having a trust overseeing the land as they prefer to maintain their rangatiratanga in a stand alone block and not be subject to the oversite of a trust structure.

2.       A differing opinion suggests without a trust structure there would be only way to govern and develop the block and ensure minimum standards are maintained. The working group appreciates this is not a decision for them to make.

Trustees:

1.       We have had an enquiry about inheriting trusteeships from our parents who have passed: there is a process available that allows new trustees to be nominated to replace their parents, but the applicant would have to seek the mandate of all the shareholders through a vote process at a whanau hui.

Urgency:

2.       There is differing opinions within the working group about the urgency of getting all processes tidy up.

3.       As it stands currently 1 of the current trustees / owners is supportive of doing this as soon as possible as they feel they are not getting any younger and would like to get it sorted before anything happens.

4.       Another opinion within the working group is that there is no hurry

Final Summary:

There are many points that need discussion from a full hui however, if we can get it set up how does the whanau feel about voting online ?. We can arrange this and include nominations for trustees if that was required

Ano mo tāku he for taking so long but the differing of opinions has made it a little awkward

Mauri ora

Geoff Mullen

(021 417828)