Northland Maori trustee loses position after serious breach over Top Energy payment

Kaumatua Taoko Wihongi landed in court after seeking money from Top Energy to rebuild Puhimoanaariki Marae. Photo / Supplied

A kaumatua has been removed as a trustee of Northland Māori trusts for attempting to obtain money from a lines company towards rebuilding his marae.

The Māori Land Court has removed Taoko Wihongi as a trustee of Omapere Taraire E and Rangihamama X3A Ahu Whenua Trust after a feud between the majority and minority trustees ended up in court.

Wihongi, Rachel Witana, Raniera Sonny Tau, Bruce Cutforth, Colleen Birmingham-Brown and Dr Te Tuhi Robust were trustees of the trusts administering six blocks of land in Northland.

In February last year, a resolution was passed and signed by all except Wihongi and Witana to grant Top Energy easements over the trust's land to construct and maintain a high-voltage transmission line.

Wihongi believed the $20,000 compensation from Top Energy wasn't sufficient while Witana was not asked to sign the easement.

The court's judgement said after that resolution, Wihongi met with Top Energy representatives and attempted to renegotiate the compensation payout and sought a separate sum for Puhimoanaariki Marae in Kaikohe, of which he is a trustee, beneficiary and owner.

It was alleged a majority of trustees resigned at a special general meeting when Wihongi's meeting with Top Energy came to light.

Both sides then applied to the court to have one another removed for alleged breach of Te Ture Whenua Māori Act 1993.

In his decision, Māori Land Court Judge Miharo Armstrong was scathing in his assessment of Wihongi's conduct, which he called a "serious breach of his obligations as a trustee".

He said Wihongi could have applied to the court for directions, or have his dissent recorded, but he could not try and frustrate the process by refusing to sign.

"Even if Mr Wihongi had been authorised to negotiate with Top Energy, he certainly was not authorised to meet with them without the knowledge of the other trustees, after the easement agreement had been approved by the majority, and certainly not try and negotiate a separate payment for Puhimoanaariki Marae."

Top Energy chief executive Russell Shaw referred to Wihongi's request for additional payment as a "bribe" and "extortion".

Wihongi accepted in court he asked Shaw for further funding to help with rebuilding his marae, although he referred to the payment as "sponsorship".

Judge Armstrong removed Wihongi as a trustee. The court also deemed Tau had resigned as a trustee.