However, the election was irregular because the Board failed to comply with the following procedural requirements for conducting an election under the Act:

(a)

the requirement under section 46(2)(a) of the Act to give public notice calling for nominations on 2 consecutive days (nominations were instead called for on 1 day only):

(b)

the requirement under section 46(2)(b) of the Act to give notice in writing calling for nominations to all Maori Committees, Maori Executive Committees, and District Maori Councils in the districts where the majority of beneficiaries reside:

(c)

the requirement under section 52(1) of the Act for the Returning Officer to be appointed by the Minister (the Returning Officer was instead appointed directly by the Board).

(4)

The election was also irregular because, before the election, the Board permitted some beneficiaries to change the section or division in which they were initially enrolled to another section or division, which is inconsistent with section 42(5) and (6) of the Act.

5 Validation and appointments

(1)

Despite the irregularities described in clause 4(3) and (4),—

(a)

the 2024 election of members to the Board is, and has always been, valid:

(b)

the following persons elected or deemed elected in the election are appointed as members of the Board:

(i)

Joseph Henare Kapa Pihema, to represent the Ōrakei takiwā:

(ii)

Richard Nahi, to represent the South Kaipara takiwā:

(iii)

Margaret Tania Tukerangi, to represent the South Kaipara takiwā:

(iv)

Debroah Anne Nathan, to represent the Otamatea takiwā:

(v)

Tyrone Jarvis Raumati, to represent the Otamatea takiwā:

(vi)

Michael Darren Tana, to represent the Otamatea takiwā:

(vii)

Druiscilla Kapu Barrett, to represent the Whangārei takiwā:

(viii)

John Rahui, to represent the Northern Wairoa takiwā:

(ix)

Jerome Te Paa, to represent the Northern Wairoa takiwā:

(x)

Roslyn June (Rosie) Te Tuhi Nathan, to represent the Northern Wairoa takiwā:

(xi)

Francis Henry Toko, to represent the Northern Wairoa takiwā.

(2)

The members of the Board appointed in subclause (1)(b) hold office for a term of 3 years, starting on the date on which this order comes into force.

Rachel Hayward,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order but is intended to indicate its general effect.

This order comes into force on 29 November 2024. The order validates the election of members to Te Rūnanga o Ngāti Whātua (a Board for the purposes of the Maori Trust Boards Act 1955) in August 2024. The election was subject to the irregularities specified in clause 4(3) and (4). The members are appointed to the Board for a term of 3 years starting on 29 November 2024.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 28 November 2024.

This order is administered by Te Puni Kōkiri.

Te Rūnanga o Ngāti Whātua Order 2024