rom psge ratification booklet 2014

8/13/2019 ROM PSGE Ratification Booklet 2014

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RATIFICATION BOOKLET FOR THE PROPOSED

POST SETTLEMENT GOVERNANCE ENTITY

RANGITNE o MANAWATU SETTLEMENT TRUST

THAT IS PROPOSED TO RECEIVE, HOLD AND MANAGE

RANGITNE o MANAWATU

HISTORICAL TREATY OF WAITANGI SETTLEMENT


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Ko te matanga o te whakaaro nui

Ku a mihia te waahi ngaro

Kua honorea te hunga wairua

Kua whakanui a nga mokopuna Mareikura o Rangitne

No reira, Tihei mauri ora

Kororia, Honore, kia ihoa te Matua

Kaharawa

Nga taonga o tua haere, moe mai, moe mai.

Ko Tararua, Ruahine te maunga

Ko Manawatu te awa

Ko Kurahaupo te waka

Ko Te Awe Awe. Te Panau, Te Matai, Te Ra,

Te Rangi, Te Hemara nga apakura

Ko NgaHineaute, Te Rangitepaia

Te Rangiaranaki, NgaMairehau, Rangitauira, Nga

Kapuarangi nga hapu

Ko Rangitne te Iwi

Tihei Mauri ora.

E kui ma, e koro ma, e raurangara ma, e hui hui mai nei

Kei te mihimihi i te wa, anei te kaupapa o

Tanenuiarangi ano,

Nga korerorero, nga moemoea, nga mahi, no reira

Tena koutou, tena koutou,

Tena koutou katoa

2

PTPT

Tanenuiarangi Manawatu Incorporated


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Contents Page No.

1. Principal Negoators Message 5

2. Introducon 6

3. Background 6

4. Proposed Post Selement Governance 7

Enty Arrangements

5. Overview 7

6. Role of Proposed Selement Governance 8

Enty Trustees

7. Ongoing Beneficiary Informaon 9

8. The Company 10

9. Establishment of Rangitne o Manawatu Trust 10

10. Raficaon Process: 11

10.1. Raficaon Process and Hui 11

10.2 . Raficaon Outcome 12

10.3. Raficaon Timeline 12

10.4. How to Cast Your Vote 13

10.5. The Vote 14

10.6. Noficaon of Result 16

10.7. Confidenality 16

Appendix 1: 17

Analysis of Rangitne o Manawatu Trust

4

TT

Tanenuiarangi Manawatu Incorporated


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5 Tanenuiarangi Manawatu Incorporated

Principal Negoators Message

Kotokoto ana te Manawa ka hahae te tau o te ate, ki te hunga nrtou tnei

wharaunga kei taku tua kei taku aro i mata, E tea ana te kHe mahi piere

nuku tn. Erangi pea ka mutu i konei, ka rere noa nga kupu whakamaanawa

i a ttou me tttou i te ta te Uru Kahikatea ka tauraia ko te Po ka

huraina ko te Ao, ko ttou ki konei e takatai ki taharangi nreira, tnakoutou, tnkoutou, tnttou katoa.

Rangitne o Manawatu longstanding grievances with the Crown began shortly

aer our major land blocks were acquired by the Crown between 1858 and

1866. Thus in a very short me we effecvely became landless which caused

our tribal structures to breakdown, our way of life to be devastated, our

marginalisaon to occur and we have connued to suffer economically,

socially and culturally through to the present day.

The Treaty process which began in a modern context for us with the lodgement of Wai 182 in 1990 hasbeen a long and winding road spanning over two centuries and three decades. However the resilience

and fortude of our Negoators who began the process in 1997 and of those who have been le as

Kaiaki to complete negoaons with the Crown, are now ready to sele, to heal our past so that we can

move forward together.

We have for the most part completed Treaty Negoaons with the Crown and are thus now undertaking

the raficaon process for the Rangitne o Manawatu Selement Trust. This Trust is the proposed Post

Selement Governance Enty (PSGE) that will receive, hold and manage the assets arising from the

Rangitne o Manawatu Historical Treaty of Waitangi Claims Negoaons.

Thus in this booklet we set out informaon about the proposed Trust, the Raficaon process including

the locaon and dates of hui the Rangitne o Manawatu Claimant Community are encouraged to aend

to receive a presentaon on the proposed PSGE and how Rangitne o Manawatu beneficiaries can

parcipate in the vong process. Parcipaon in the vong process may occur whether or not one can

make it to a hui.

The vong process will be managed by Independent Elecon Services Limited, an organisaon based in

Auckland who are an independent electoral services provider.

To conclude the Rangitne o Manawatu Negoators strongly encourage Rangitne o Manawatu

beneficiaries to aend one of the hui being held and to parcipate in the vong process.

No reira, noho ora mai

Danielle Harris

Principal Negoator

Danielle Harris


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2. INTRODUCTION

2.1 This raficaon booklet sets out the proposed post-selement governance enty (PSGE)

arrangements for R

ngit

ne o Manawatu (RoM) including:

the purposes, principles, acvies, powers and dues of the PSGE;

the structure of the PSGE;

representaon on the PSGE, including how registered adult members can elect representa-

ves;

how decisions will be made by the PSGE;

how the PSGE will be accountable to its registered adult members, including how those mem-

bers will be kept informed about decisions that affect them;

how registered adult members can parcipate in the affairs of the PSGE; and

how the benefits will be allocated and distributed.

2.2 This booklet also outlines the vong process for rafying the PSGE.

2.3 Addional informaon by way of a full copy of the PSGE Deed of Trust (Trust Deed) can be

obtained from:

The Tanenuiarangi Manawatu Office (TMI): 140-148 Maxwells Line, PO Box 1341, Palmerston NorthPhone: (06) 3531881 Fax: (06) 3531880 Email: [email protected]

The Rangitne o Manawatu website (RoM): www.tmi.maori.nz

The PSGE Deed will also be available for viewing at the Te Puni Kokiri Regional Offices in Whanganui, Lower Hu

and Palmerston North.

3. BACKGROUND

3.1 This rafi

ca

on booklet outlines the RoM proposal for post se

lement governancearrangements through the Rangitne o Manawatu Trust (the RoM Trust). It sets out the

proposed structure and funcons of the PSGE, (which is the RoM Trust) and also discusses:

how the PSGE may develop over me;

representaon on the PSGE; and

the interacon likely to occur between the company within the post-selement governance

structure.

3.2 The RoM claimant community is being asked to consider and vote on the proposed PSGE, the

RoM Trust. The inial trustees of the RoM Trust will be elected as part of an independentvong process at the same me as RoM considers the deed of selement through the Deed of

Selement (DOS) raficaon process. Therefore there are no Trustees for the RoM PSGE that

can be set out in this booklet.

Rangitne o Manawatu Post Selement Governance Enty Raficaon



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4. PROPOSED POST-SETTLEMENT GOVERNANCE ENTITY ARRANGEMENTS

4.1 As part of our raficaon process members of RoM are being asked to vote to approve the

proposed RoM PSGE. It has already been approved by the Crown, which provides assurance

that the enty meets accepted standards of good governance and fair representaon of

registered members.

4.2 Before any deed of selement (DOS) can be inialled by the Crown and RoM representaves

the Crown has required the PSGE to be rafied by the people of RoM.

4.3 As noted above the RoM Trust will be responsible for receiving, holding and managing the

DOS Treaty Selement redress from the Crown on behalf of RoM members.

5. OVERVIEW

5.1 The RoM Trust Deed clearly outlines the accountability and transparency mechanisms within

which the PSGE will operate.

5.2 The Structure:

Before Treaty Selement assets can be transferred, a legal structure referred to as the PSGE

must be in place to receive them. An overview of the proposed PSGE and how it fits within

the broader post-selement operang structure is detailed below. We have taken expert

advice to idenfy the best opon for the RoM PSGE, with the aim of achieving a simple,

flexible and tax effecve structure that complies with legislave requirements.

A new Trust called the Rangitne o Manawatu Selement Trust (the RoM Trust) will be

established specifically as the receiving, holding and managing enty for the Treaty

Selement assets and redress.

The RoM Trust shall also establish a Company whose sole purpose shall be to manage the

redress of a commercial nature.

The intenon is that all the commercial assets and commercial redress received by the RoM

Trust shall be held post selement by the new company. This will enable all RoM Treaty

commercial redress interests to be managed by one commercial company.

The trustees will be responsible for the governance of the RoM Trust assets and will be

accountable to the RoM beneficiaries.


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6. ROLE OF THE PSGE TRUSTEES

6.1 The role of the RoM Trust trustees will be to receive, on behalf of the RoM claimant

community, any Treaty assets transferring from the Crown, on behalf of all members of

RoM.

6.2 The trustees of the RoM Trust are also responsible for ensuring the protecon andenhancement of these assets. A more detailed explanaon is outlined below.

6.3 The six inial trustees of the RoM Trust will be elected by way of an independent vong

process at the same me as RoM considers the proposed deed of selement. When elected

they will represent the following hap:

NgaHineaute;

NgaMairehau;

NgaRangitepaia;

NgaRangiaranaki;

NgaTe Kapurangi ki Manawatu; and

NgaTauira to the extent only that descent can be traced from

Tanenuiarangi (Rangitne).

6.4 The inial trustees of the RoM Trust will hold office through to the first

elecons which are set down to take place in the first year following the

Selement Date.

6.5 At the first annual meeng of the RoM Trust (to be held in the first year

following the Selement Date) three of the inial Trustees shall rere

and an elecon shall be held for their three trustee posions. The

remaining three inial trustees will rere the year aer that and an

elecon held for those posions. Trustees shall then hold office for

three years. This allows some connuity and ensures that some key

instuonal knowledge remains within the governance structure.

6.6 The Trustees will be responsible for:

seng the vision and strategic direcon of the RoM Trust;

reporng on the nature and scope of the acvies proposed by the RoM

Trust or any of its subsidiaries on an annual basis; and

preparing short, medium and long-term strategic plans for governance of selement assets.

6.7 The trustees will be responsible for the governance of the RoM Trust assets and will be

accountable to the RoM beneficiaries.


WM(MT)WM(MT)


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7. ONGOING BENEFICIARY INFORMATION

7.1 RoM registered members will receive noce of annual general meengs and special general

meengs through email or, if requested by the beneficiary, standard post. To ensure that the

informaon is disseminated as widely as possible, it will also be placed on the RoM Trust

website and where necessary in naonal and local newspapers.

7.2 The RoM Trust will hold annual general meengs for all the members of RoM where it will:

report on the operaons of the RoM Group for the past year;

present an annual report;

present the proposed annual plan;

announce any newly appointed trustees;

approve trustees remunera

on and appoint an auditor; conduct any other nofied business; and

undertake any other general business.

7.3 The RoM Trust can call special general meengs of the

registered adult members of RoM for specific maers

that may arise.

7.4 ACCOUNTABILITY AND TRANSPARENCY

Registered adult members rightsThe Trust Deed also provides for:

Elecon of trustees;

registered adult members of RoM to aend annual general meengs or special meengs, of

the RoM Trust and to parcipate in decisions at meengs, such as decisions on the level of

remuneraon to be paid to trustees;

a quorum of 30 registered adult members for annual general meengs or special meengs;

resoluons (except for Special Resoluons) require the approval of not less than a majority of

registered adult members;

special meengs to be called in a variety of circumstances, including by 10% of adult registered

members of RoM;

RoM registered adult members to aend these meengs and where a vote is required, they

may vote. All resoluons except for Special Resoluons to have the approval of not less than a

majority of registered adult members; and

the RoM Trust to establish a disputes commiee, to deal with parcular disputes as they arise.

Vong

When vong is required at any annual or special general meeng, every registered adult

member of RoM present shall have one vote .


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8. THE COMPANY

8.1 Beneath the RoM Trust will sit one company that shall manage and administer commercial

assets that the RoM Trust allocates to it. These will be managed on a prudent commercial

basis with the objecve of increasing RoM economic base.

8.2 This company will be 100% owned by the RoM Trust, which will be responsible for

monitoring and overseeing the acvies of the company. The Board of Directors for the

company will possess the appropriate range and mix of business and commercial skills to

carry out their role of growing RoM economic base. The trustees of the RoM Trust will

appoint and remove the Directors. The Directors will be accountable to the RoM Trust

through preparaon of a strategic plan, a 5 year plan and an annual report outlining how the

company has fulfilled its objecves and principles. All reports prepared by the Directors

must meet the standards as outlined in the Companies Act 1993.

9. ESTABLISHMENT OF THE RoM TRUST

9.1 Successfully establishing the RoM Trust will be a crical task. In developing the RoM Trust, it

is believed that the proposal developed will serve RoM needs while fostering and protecng

its Tikanga. We believe that the structure is robust.

9.2 If the RoM Trust is rafied by the RoM claimant community it will be established at such

me as the RoM Trust considers necessary in light of the needs of the DOS.


Palmerston North view over the Turitea/Arawaru F. Augusts 1876

Courtesy of the National Library of New Zealand.


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10. PSGE RATIFICATION PROCESS

10.1 PSGE RATIFICATION PROCESS AND HUI

RoM members are being asked to vote on whether they accept the proposed PSGE to receive,

hold and manage the Treaty selement redress on behalf of RoM members. The vong period

will open on Monday 17 February 2014 and close on Monday the 17 March 2014 at 5.00pm.

RoM members can vote by postal or electronic ballot, or in person at one of the raficaon hui

(see following secon).

The RoM Negoators are holding a series of raficaon hui to give RoM the opportunity to receive

a presentaon on the proposed PSGE. This presentaon will be provided by RoM Legal Counsel. It

will also provide aendees an opportunity to raise quesons. These hui are intended to support

you (RoM members) in making your decision. The raficaon hui will be held throughout the

country during February/March 2014 as follows:

Because of the significance of this decision, the Negoators encourage you to aend at least

one raficaon hui. You must whakapapa into RoM and be over the age of 18 to vote at these

hui.

All raficaon hui will be publicly nofied in relevant daily newspapers at least 21 days prior to

hui. Vong will be conducted in accordance with the vong procedures set out in this secon.

Place Venue Day Date Time

Hamilton Kingsgate100 GarneAvenue

Hamilton

Tuesday 25/02/14 6.00pm

Auckland Holiday Inn Auckland Airport

2 Ascot RoadAirport Oaks

Auckland

Wednesday 26/02/14 7.00pm

Wellington Bay Plaza Hotel40-44 Oriental Parade

Wellington

Tuesday 04/03/14 7.00pm

Blenheim Quality Hotel Malborough20 Nelson Street

Blenheim

Wednesday 05/03/14 6.00pm

Hasngs Hawkes Bay Opera HouseThe Shakespeare Room

101 Hasngs Street South

Hasngs

Monday 10/03/14 6.00pm

Palmerston

North

Kingsgate Hotel

110 Fitzherbert Avenue

Palmerston North

Tuesday 11/03/14 6.00pm

Schedule of Raficaon Hui


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10.2 RATIFICATION OUTCOME

It is very important that you all parcipate in the process by vong. You can parcipate in

vong whether or not you can make it to a raficaon hui.

If a sufficient majority of those who parcipate in the raficaon process vote in support of

the PSGE Proposal, the deed of selement can then be inialled. Following inialling the

deed of selement all members of RoM will be asked to vote on whether or not to acceptthe offer contained in the inialled deed of selement. At this me vong will also occur on

the inial Trustees to the PSGE. Should there be a sufficient majority of those who

parcipate in the raficaon vote in support of the Deed of Selement the RoM Negoators

will begin the establishment of the post-selement governance enty in preparaon for the

transfer of selement assets.

If the people of RoM accept the selement offer contained in the inialled deed of

selement, legislaon will then be passed through Parliament. The legislave process may

take up to one to two years to complete. The Negoators ancipate the Rangitne o

Manawatu selement legislaon to be passed during 2015. Once the legislaon has passed

through Parliament the selement assets can be transferred to the PSGE.

If the PSGE Proposal is not rafied, then RoM Members will need to reassess their posion.

10.3 RATIFICATION TIMELINE


Date Key Event

Monday 3 February 2014 PSGE Raficaon Process commences

Monday 3 February 2014 PSGE Raficaon Booklet and vong papers posted to members.

Saturday 1 February 2014 Public Noce of Raficaon Period and Informaon hui commence

(NZ Herald- Auckland, Dominion Post Wellington, Manawatu

Standard & Guardian Palmerston North, Hawkes Bay Today Has-

ngs, Waikato TimesHamilton and The Marlborough Express

Blenheim).

Monday 17 February 2014 Vong period opens.

Tuesday 25 February 2014 First Informaon Hui.

Monday 17 March 2014 at

5.00pm

Vong period closes.

Friday 21 March 2014 Vong results received by TMI.

Monday 24 March 2014 Vong results released to the Crown and ROM Whanui.


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Members will be nofied of results in a special edion of Tino Rangaratanga Magazine and

on the TMI website:www.tmi.maori.nz.

The Negoators strongly recommend that RoM Members vote to accept the PSGE Proposal.

10.4 HOW TO CAST YOUR VOTE

To ensure the integrity of the raficaon process, the Negoators have engaged

Independent Elecon Services Limited, a company that specialises in conducng electoral

processes, to act as an Independent Returning Officer. The role of the Returning Officer

includes:

Distribuon of raficaon booklets; Prinng and distribuon of vong papers;

Cross-referencing vong papers with informaon held on the TMI beneficiary register;

Operang the Elecon Hotline service;

Aendance at Raficaon Hui;

Receiving, collang and counng votes;

Verificaon of special votes; and

Subming a wrien report to TMI once the raficaon process has concluded.

Please note that TMI and the RoM Negoators will not be involved in the vong

process once the vong period commences. All inquiries should be made directly

to the Returning Officer. A free phone service is operang for this poll. Please

call the Elecon Hotline on 0800 922 822 or email the Returning Officer on

[email protected].

.

Crossing the Manawatu River Use of Rangitne waka J. Pearse 1854.

Courtesy of the National Library of New Zealand.


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10.5 THE VOTE

Members are being asked to vote on one resoluon. The resoluon is:

That I, as a member of Rangitne o Manawatu,

1. ACCEPT the Rangitne o Manawatu Selement Trust as the proposed governance

enty to receive, hold and manage the Treaty Selement redress on behalf of

Rangit

ne o Manawat

members.

RoM Members are entled, but not required, to vote. The Negoators stress the

importance of all eligible Members parcipang, and urge you to vote.

How to vote

There are three ways that you can cast your vote:

Note:

You can only use one of the three ways to vote. If you vote using more than one way,

your vote may be invalidated


by post a vong paper and a freepost envelope are included in

your vong pack. Fill in the vong paper and post it back; OR

online you can vote online. Instrucons about how to

vote online are shown on your vong paper; OR

by hand you can take your vong paper to a Raficaon

Hui and place it in the ballot box.


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Vong on the resoluon closes on Monday the 17 March 2014 and your vote must be received by

the Returning Officer by 5pm on that date.

In order to vote, RoM need to confirm your whakapapa into Rangitne o Manawatu. If you are

registered with TMI then this confirms your whakapapa into RoM. However if you are not

registered with TMI, you will need to register on the beneficiary form. You will see on the form

you have two choices.

If you do not wish to register with TMI you may register solely for the purpose of vong for or

against the proposed PSGE. In this case your registraon form will be destroyed ninety days aer

the outcome of the raficaon process has finally been determined. In this case you may also

obtain one of these registraon forms at the contact details below as well. Alternavely you

can register with TMI in which case your registraon will be added to the TMI Benefi

ciaryDatabase. You may also obtain a registraon form from Independent Elecon Services or

download one from the TMI Website below.

It is therefore very important you ck the right box on the TMI Registraon Form.

Contact Details: Tanenuiarangi Manawatu Incorporated

140-148 Maxwells Line

PO Box 1341 Palmerston North

Phone: (06)353 1881

Fax: (06) 3531 880

Website: [email protected]

The RoM Whakapapa Commiee will connue to process and verify registraons up to four days

before the close of vong.

Close of vong

Completed vong papers must be in the hands of the Returning Officer by close of vong.

Vong closes at 5.00pm on Monday the 17 March 2014.


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10.6 NOTIFICATION OF RESULT

As soon as TMI has been nofied of the confirmed vote count, we will advise you through a

special edion of our Tino Rangaratanga Magazine and on the TMI website.

10.7 CONFIDENTIALITY

Vong is by secret ballot and how you voted is kept extremely confidenal by the Returning

Officer.

Completed vong papers go directly to the Returning Officer. No other party will have

access to the informaon on them. Confidenality is ensured through the allocaon ofunique idenficaon markers.

Vong papers will be destroyed by the Returning Officer ninety days aer the outcome of

the raficaon process has finally been determined.


(A Drawing by JW Stewart of Puketotara Pa with TamaTe Panau

in the foreground when Wakefield visited Manawatu)


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Appendix 1:

The 20 Quesons

Analysis of the RoM Trust

INTRODUCTION

As part of the Crown process in approving a PSGE to receive, hold and manage assets from historical

Treaty of Waitangi Claims, the Crown as part of the process, assesses the PSGE against what is called The

20 Quesons.

These are thus discussed below with answers in respect of the proposed PSGE to receive, hold and

manage the RoM historical Treaty Assets.

GENERAL

In the 20 Quesons:

a beneficiary is a person who is entled to benefits from a deed of selement of historical claims

between Maori claimants and the Crown;

benefits can take a range of forms, and it is up to the PSGE to make the decisions on how those

benefits will be distributed.

the PSGE is the representave, accountable and transparent body which receives and manages

the selement on behalf of the claimant group. It will:

represent the claimants in regard to the selement, make decisions on how to manage any

redress received in the selement package (cash, properes and other redress); and

make decisions on how benefits (if any) are passed to the beneficiaries of the selement;

a registered member is a beneficiary who is registered with the PSGE;

a trusteeis a person who is elected to the PSGE.

Queson 1:

What is the proposed PSGE and its structure?

The PSGE is the RoM Trust, a private trust. Under the Trust Deed, the RoM Trust is to establish,

oversee and monitor the operaons of the company which will be 100% owned and controlled by

the RoM Trust. The RoM Trust will have the power to appoint and remove the Directors of the

Company.

All assets held and income derived by any member of the RoM Group, including the Company shall

be held and derived for and on behalf of the RoM Trust.


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Queson 2:

How was the proposed PSGE developed?

The PSGE was developed by TMI with input from RoM members. The beneficiaries will have an

opportunity to comment on the enty when it seeks to rafy the proposed PSGE. The raficaon

process will take around four weeks to implement and will include the following key elements:

a) six raficaon hui for adult iwi members;b) three ways of vong by: the internet; postal ballot; ballot box- by the placing a vote in a ballot

box at one of the raficaon hui;

c) an independent scruneer and returning officer; and

d) a comprehensive communicaons strategy to ensure informaon is distributed to all

members to encourage parcipaon and registraon including a mail out of a plain English

summary of the governance proposals.

Queson 3:

What is the relaonship between the proposed new governance enty and exisng enes (if any) that

currently represent the claimant community?

The RoM Trust will be a separate stand alone legal body. Any exisng enes will connue and be

legally separate from the RoM Trust.

Representa

on

Queson 4:

How can beneficiaries of the selement parcipate in the affairs of the PSGE?

The beneficiaries are present and future RoM members.

The RoM Trusts purpose is to hold and manage assets on behalf of present and future RoM

members. The Trust Deed sets out the processes and rules relang to the registraon of members.

The RoM Trust is to establish a Membership Validaon Commiee. Unsuccessful applicants for

registraon may have their registraon reconsidered if they can produce new evidence relang totheir status as a member of RoM. Registered members over 18 years of age are eligible to be

nominated as a candidate for elecon as a trustee (baring certain members such as those

convicted of dishonesty and purely indictable offences, bankrupts etc) and are eligible to parcipate

in the elecon of the RoM Trust trustees.

Registered members are eligible to aend annual general meengs (to be held at least every 15

months), or special meengs, of the RoM Trust and to parcipate in decisions at these meengs, on

such maers as the level of remuneraon to be paid to trustees.

The Trust Deed makes provision for the appointment of a commiee whose role it is to make

determinaons and give guidance on any issue of RoM kanga, reo, korero and/or whakapapa that

is referred to it by the RoM Trust.



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Queson 5:

How do members have a say in who the representaves on the PSGE will be?

As noted above any eligible adult member may be nominated for elecon as a trustee and can

parcipate in the elecon of the RoM Trust trustees. The RoM Trust Deed makes provision for six

Inial Trustees. The Inial Trustees will be elected following an independent vong process at the

same

me as the members of RoM consider the se

lement. A

er the elec

on of the six Ini

alTrustees the standard process will be for half the trustees to stand for elecon every three years

except where the number of nominaons does not exceed the number of trustees required.

The Trust Deed specifies that the RoM Trust must call for nominaons for trustee posions at least

three months before the annual general meeng. Noces must be made by post, newspaper

adversement and by any other means the RoM Trust determine.

Where an elecon is required noce must be given at least 28 days prior to the closing date for the

elecon. Noce is also required of the method by which votes may be cast. These noces are by:

posng noce to each member of RoM; adversements in newspapers; radio adversing; andposng on the RoM website.

Vong is by way of secret ballot. Vong forms may be posted or returned by way of electronic

Form.

Queson 6:

How oen and how will the representaves change?

Trustees are elected for a three year period and are eligible for reappointment. There is provision

for trustees to be casual appointments following an elecon. Trustees can be terminated from

holding office if s/he:

a) reres from office by giving wrien noce to the RoM Trust or dies;

(b) completes his or her term of office and is not reappointed;

(c) refuses to act;

(d) is absent without leave from three consecuve ordinary meengs of the Trustees without

good reason or without the permission of the Chairperson;

(e) is convicted of an offence involving dishonesty as defined in secon 2(1) of the Crimes Act

1961, or an offence under secon 373(4) of the Companies Act 1993 (unless that person is an

eligible individual for the purposes of the Criminal Records (Clean Slate) Act 2004);

(f) is bankrupt or makes any composion or arrangement with his or her creditors;

(g) is convicted of an indictable offence; or

(h) becomes subject to a compulsory treatment order under the Mental Health (Compulsory

Treatment and Assessment) Act 1992 or becomes subject to a care and protecon order

under the Protecon of Personal and Property Rights Act 1988; or

(i) is removed from the office of trustee for acng in a manner likely to bring the RoM Trust into

disrepute.


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Accountability

Queson 7:

What are the purposes, principles, acvies, powers and dues of the PSGE and any bodies accountable

to it?

The purpose of the RoM Trust is to receive, manage and administer the RoM Trust assets on behalf

of and for the benefit of the present and future RoM members. The company is accountable to the

RoM Trust.

Queson 8:

Which decisions will members have a say in and how?

As noted in Queson 4 above registered adult members are eligible to aend annual general

meengs (to be held at least every 15 months), or special meengs, of the RoM Trust and to

parcipate in decisions at meengs, such as decisions on the level of remuneraon to be paid to

trustees. At annual general meengs or special meengs a quorum of 30 members is required.

Resoluons (except for Special Resoluons) require the approval of not less than majority

of members.

The Trust Deed also provides for special meengs to be called in a variety of circumstances,

including by 10% of adult registered members of RoM. RoM members may aend these

meengs and where a vote is required, they may vote. All resoluons except for Special

Resoluons require the approval of not less than a majority of members. The Trust Deed provides

for the RoM Trust to establish a disputes commiee, to deal with parcular disputes as they arise.

The commiee has the power to convene a general meeng of RoM in order to discuss the maers

that are in dispute.

Queson 9:

How are decisions made by the PSGE?

The trustees determine the frequency of their meengs as they think fit. Wrien noce of

meengs is to be sent to trustees at least seven days before a meeng. Four trustees shall

constute a quorum at meengs.

At the first meeng following an elecon a Chairperson will be appointed. Decisions are made by

majority vote and the Chairperson holds the casng vote.

Queson 10:

Who will manage the redress received in the selement?

The PSGE is the RoM Trust. Under the Trust Deed the RoM Trust is to establish and oversee the

operaons of the company which will be 100% owned and controlled by the RoM Trust. The RoM

Trust will have the power to appoint and remove the Directors.

Queson 11:

Who will determine what benefits are made available to beneficiaries?

The RoM Trust trustees have overall responsibility for determining benefits for members of RoM.


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Queson 12:

What are the criteria for determining how benefits are allocated and distributed?

The trustees have discreon in the allocaon and distribuon of benefits.

Queson 13:

How will the people managing assets and determining benefits be accountable to beneficiaries?

The RoM Trust must, within five months of the end of each income year have prepared an annual

report of the affairs of the RoM Group.

The RoM Trust must also ensure that consolidated financial statements for each income year are

audited by a chartered accountant in public pracce.

The RoM Trust shall ensure that all annual reports by the Company comply in all respects with the

requirements of the Companies Act 1993.

The following plans, reports and minutes are to be held at the RoM Trust offices and made

available for inspecon by any member of RoM:

(a) the Annual Report for each of the preceding three Income Years;

(b) the Consolidated Financial Statements for the preceding three Income Years;

(c) the Annual Plan;

(d) the Five Year Plan;

(e) the Strategic Plan;

(f) the minute book kept in accordance with clause 14.14 of all decisions taken and business

transacted at every annual general meeng and special general meeng;

(g) their own personal details on the Register;

(h) the current Trust Deed; and

(i) the current constuon of the Company.

At the annual general meeng the RoM Trust must report to on the accounts, operaons and

plans of the Trust.

Queson 14:

What are the rules under which the PSGE and any bodies accountable to it operate?

The Trust Deed sets out the rules around the operaon of the RoM Trust. The Trust Deed is

available at the offices of the RoM Trust.

Reports by the company must comply with the Companies Act 1993.


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Queson 15:

Are there any interim governance arrangements in the period between the establishment of the PSGE

and the date that the selement assets are transferred? If so, what are they?

Six Inial Trustees will be elected by the members of RoM at the same me to manage the RoM

Trust affairs prior to the standard elecon cycle. They will hold full powers.

Queson 16:

How will the structure and the rules of the PSGE and any bodies accountable to it be changed?

The Trust Deed may be amended revoked or added to by a special resoluon passed by a 75%

majority of registered adult members vong at a Special General Meeng, in accordance with the

Trust Deed vong requirements. No amendment can be made to the Trust Deed in respect to:

changes of the Trusts Objects and Purposes so that the Trust is no longer required to act for;

the collecve benefit of the present and future members of Rangitne o Manawatu;

the limitaons on amendment;

the provisions relang to the terminaon of the RoM Trust;

changes required for a Special Resoluon;

changes to membership and beneficiaries of the RoM Trust.

Queson 17:

What are the planning/monitoring/review processes for decisions of the PSGE?

The planning documents required are set out in the answer to queson 13. The RoM Trusts

performance can be reviewed at the annual general meeng where it will report against the

planning documents.

The Trust Deed requires that the RoM Trust shall ensure that all reports by the company include a

comparison of their performance against their annual plans for that Income Year and their

medium and longer term planning objecves (as set out in the Five Year Plans and Strategic Plans).


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Queson 18:

What if members do not agree with a decision made by the PSGE?

The Trust Deed requires the RoM Trust to establish a disputes commiee (in relaon to parcular

disputes) which can deal with a wide range of complaints and has the power to convene a general

meeng of Rangitne o Manawatu in order to discuss the maers that are in dispute.

Transparency

Queson 19:

How oen will accounts be prepared and audited?

The RoM Trust must ensure that the consolidated financial statements for each income year areaudited by a chartered accountant in public pracce. No trustee or employee of the RoM Trust

may be appointed as auditor.

The accounts are presented at the annual general meeng and are available to members at the

offices of the RoM Trust.

Queson 20:

Will beneficiaries receive informaon about decisions that affect them? How? How oen

Copies of the Trust Deed, annual reports, minutes of annual general meengs are available at the

offices of the RoM Trust.


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140 148 M ll Li PO B 1341 P l t N th Ph (06) 353 1881 F (06) 353 1880

rom psge ratification booklet 2014

Documents