Māori Land Court intervenes in feud between trustees of a Northland marae

The Māori Land Court has ordered a special general meeting be held for the dysfunctional Te Kowhai Marae in Matakohe. Photo / Michael Cunningham

A court has invited warring trustees administering a Northland marae to test their mandate by resigning from office and standing for election at a special general meeting.

Evidence before the Māori Land Court shows the trust running the Te Kowhai Marae in Matakohe is clearly dysfunctional due to a lack of active trustees and years of litigation which has taken a toll on the relationship between them.

The court has removed one trustee, invited another to reflect on her suitability to continue in the role given the poor judgment she has exercised, and ordered the trustees to hold a special general meeting to elect trustees.

That meeting will be facilitated by the court.

The 10 trustees were Ben Allen, Bryce Smith, Mikaera Miru, Muriel Allen, Noeleen Gatehouse, Rhonda Renton, Richard York, Robyn York, Roslyn Andrews and Shane Miru.

Issues raised in court proceedings were connected to a community event, sponsored by the Northland District Health Board for $2500, held at the marae in August 2019 to raise awareness for suicide prevention, depression and anxiety.

However the sponsorship was not received in time for the event, and the costs were met by Renton and a meeting attended by four trustees decided she be reimbursed through cheque to be cashed only after NDHB money was received.

Three days later, Robyn York went to the trust's bank and sought cancellation of the cheque and also contacted creditors including power, gas and lawn maintenance suppliers, and advised them the bank account had been stopped.

Her actions forced Renton to successfully recoup the amount through the Disputes Tribunal.

The following month, a special general meeting was convened and resolutions were passed by the beneficiaries present for the removal of Robyn York, Smith, Muriel Allen, and Miru as trustees of the marae.

Renton sought from court Robyn York's removal as a trustee, saying the latter's conduct in cancelling the cheque was deceitful which resulted in freezing of the trust's bank account.

Robyn York made assertions the other trustees have been exhibiting bullying and intimidating behaviour, and that she was pressured to withdraw the cheque.

Judge Terena Wara was particularly scathing of Robyn York's conduct, saying she should have raised her concerns in an open and direct manner with all the trustees, rather than simply cancelling the cheque and taking matters into her own hands.

But the judge did not order her removal, saying the threshold for such a course of action had not been met even though she showed poor judgment.

"However, I invite Robyn to reflect on her suitability to continue in the role of trustee given the poor judgment that she has exercised.

"Given the dysfunction within the trust, I invite all of the trustees to test their mandate by resigning from office and stand for election at the special general meeting," Judge Wara said.