KEY POINTS:
Time is running out for opponents of the move to restructure Waikato Tainui's wider organisation as a new chief executive officer is due to be appointed on December 19.
But the Herald understands that legal action will be launched by the end of the week by the tribe's parliament, Te Kauhanganui, to halt the reorganisation.
Tainui has a complex managerial and governance system and throughout the year options on how to restructure have been mooted. Leading that move for change is executive chairman Tuku Morgan.
He backs an option which will see the tribe's parliament supported by an executive board and a yet to be appointed "tumu whakarae" - a type of super CEO who will sit on the tribe's commercial arm, Tainui Group Holdings, and be responsible for general managers across cultural and economic activities.
On Monday it emerged that Waikato Raupatu Lands Trust CEO Hemi Rau would lose his job under the plan. He believes the changes - he has a stormy relationship with Mr Morgan - are an excuse to get rid of him.
Yesterday, Mr Rau would not comment and it is not clear whether he will initiate independent legal action.
However, Mr Morgan defended the changes, saying they would lead to "greater transparency" across the whole of the organisation because of a new overarching risk audit committee and shared financial, communication and IT capacity. While he would not comment on any pending legal action, he said that Mr Rau had asked him if he would support his application for the tumu whakarae position.
"Both myself and [another board member] were approached by Hemi to support him for the position. I've said no, and I've taken myself off the selection panel. I don't want my hands tainted with who gets there.
"I said to him yesterday that he should vigorously apply for that job. He said to me the other day he's the best CEO Tainui has.
"I said, 'If you feel that way, go for the top job,"' Mr Morgan said.
While the relationship between the pair is a difficult feature of the conflict, what should be of more concern to the tribe is if Te Kauhanganui, which represents more than 60 Waikato Tainui marae, takes legal action.
The Herald understands that Te Kauhanganui's concerns relate more to making sure that due process is followed correctly.
Both the executive board and parliament have sought independent legal advice on the validity of the restructuring move.
The opinions are diametrically opposed, with the board's opinion saying any legal action has no basis, while the other says the restructuring does not have a mandate from Te Kauhanganui.
PRESENT STRUCTURE
1. Te Kauhanganui Tainui parliament at the top.
2. An executive board, Te Arataura.
3. Waikato Raupatu Trustee Co Ltd and Waikato Raupatu Lands Trust, both management arms.
4. Tainui Group Holdings, the commercial arm.
NEW TRIBAL STRUCTURE
Waikato Raupatu Trustee Co Ltd and Waikato Raupatu Lands Trust disappear.
1. Te Kauhanganui.
2. Te Arataura.
3. New super CEO 'tumu whakarae' who will sit on Tainui Group Holdings and be responsible for new general managers responsible for all tribal social and economic activities.
