Kia ora koutou e te whanau, Aohanga Incorporation Shareholders,
This update is in respect of the Applications that have been filed in the Māori Land Court by Shareholder, Alyson Bullock.
From previous AGMs in 2022 and 2023, Shareholders were notified that Ms Bullock has filed an application under sections 269(4) and 269(6) of Te Ture Whenua Māori Act 1993 (“the Act”). As a Shareholder of the Aohanga Incorporation she is entitled to make this Application.
Ms Bullock has requested the Māori Land Court (the Court) to Investigate the conduct of the Election of Members of the Committee at the Incorporation’s Annual General Meetings (AGMs) held in December 2021 and November 2022 respectively.
Legal Counsel for the Aohanga Incorporation, Kāhui Legal, filed a memorandum setting out concerns with the lack of evidence. It was unclear what Ms Bullock was seeking.
16 November 2023
- The matter went before Judge Thomas in the Māori Land Court.
- Directions were made for further evidence to be filed by Ms Bullock.
5 February 2024
- Ms Bullock filed a further application under section 280 of the Act for an Investigation of the Aohanga Incorporation’s affairs.
- The affidavit also provided evidence of the necessary 10% shareholder support.
- The application has a list of the 75 shareholders that support her application.
- The affidavit makes serious accusations of Mismanagement and Financial Impropriety, without offering detailed evidence or clear examples.
This vagueness complicates the ability to address these concerns effectively.
26 March 2024
- Appearing before Judge Thomas, all 7 Members of the Committee of Management (CoM), together with the Aohanga Incorporation Secretary and Legal Counsel, Stephanie Northey (Kāhui Legal).
The primary issue for the Court was whether to appoint an examining officer. Although the application has the support of not less than 10% of the shares in the Aohanga Incorporation, the Court is not obliged to appoint an examining officer under section 280 of the Act.
Judge Thomas agreed that she was not prepared to make the decision and directions have been made for further evidence.
Concern was also raised by the CoM about the financial burden and the time commitment required for the Aohanga Incorporation to respond to these applications, which to date, has been substantial.
As such the directions of Judge Thomas will be circulated in due course however, in summary they are as follows:
19 April 2024
- Ms Bullock is to file any further evidence in support of her application.
17 May 2024
- The CoM are to file evidence in reply.
Ms Bullock can file any evidence in reply within 2 weeks.
The file will then be considered by Judge Thomas, who will consider whether to appoint an examiner.
The CoM in response:
- have agreed to fully comply with any directions of the Court.
- acknowledge that concerns have been voiced by a segment of the Shareholders.
- acknowledge the whakapapa they share with Ms Bullock and many of the aggrieved Shareholders.
- are prepared to engage in kōrero with Ms Bullock and/or any other Shareholders through a tikanga-based approach, rather than relying solely on the legal system and welcome the opportunity for such discussions.
Please email [email protected] if you have any questions or concerns or to receive copies of the relevant information submitted by Alyson Bullock regarding her applications to the Māori Land Court as follows:
- An application under sections 269(4) and 269(6) of Te Ture Whenua Māori Act 1993 (“the Act”). Investigate the conduct of the Election of Members of the Committee at the Incorporation’s Annual General Meetings (AGMs) held in December 2021 and November 2022
- An application under section 280 of Te Ture Whenua Māori Act 1993 (“the Act”). Investigation of the Aohanga Incorporation’s affairs.
We will continue to update our Shareholders as this matter progresses.
Nāku noa, nā
Demetrius Potangaroa
Chairperson
Committee of Management