The following list of questions were asked by hui #2 participants, either during the hui itself (through the online Q&A function) or before and after the hui by email and social media. We have collated those questions and provided answers, either those provided online during the hui or after gathering further information to provide responses. There has been some limited editing to remove comments that are not specific questions or to improve understanding of the pātai.
Charles Te Peeti – What happens to shares we own in the block? what compensation or what are we receiving back as owners for the shares we own?
TK14: The shares you hold in the block entitle you as an owner to participate in decision making and depending on the decisions made for the future of the block, there will be a range of benefits that flow. Income from land trusts can be distributed by way of dividends, grants or retained earnings for further investment. The proposals set out in this hui relate to wider benefits such as access to housing, income through property development, reconnection to the whenua etc.
Sam Williams – The owners will not be able to afford to buy houses the prices are very high even for a standard whare
TK14: We acknowledge house prices is a concern. Affordable housing options are being actively assessed.
Georgina Whata – Apologies in advance, but where on the website are the responses to Owners questions from the first hui. Can a page on the website be dedicated to just the consultation feedback from the trust.?
TK14 – Q&As are published on the website now in the News section as a new post.
Paora Maxwell – In terms of owners connected to the block, would the trustees consider a site visit to block for owners to show historic sites and also to see development plan on the dirt?
TK14: Support that suggestion.
Karen Stowers – Is a marae still being consider in the Community Spaces?
TK14: The proposal does include a cultural centre concept (draft) and not specifically a marae, but owners are asked to feedback on those aspects and contribute to ideas.
Danny Morgan – Have any dividends been paid out? I have not received anything.
TK14 – Kia Ora Danny. No Dividends have been made to Owners
Charlene Olliver – As a Landowner Malcolm has said if we want to live on our whenua we would have to buy a section why I don’t agree with that because we are already there one day myself and my whanau would want to live on it mortgage free
TK14: This engagement process provides a fresh start for ideas to come forward. The proposal is that the Trust will continue to own the land and will then facilitate housing options whereby the houses/improvements can be purchased by owners, (or rented).
Georgina Whata – I don’t envy the trustees position in trying to address a number of significant issues in an attempt to find acceptable solutions to utilise our whenua and that provide benefits to all owners. The devil is in the detail and thus far, if the starting position is retention of our lands, one question for me is, does an exchange of land amount to alienation and who makes the decision on where the exchange of land will come from, the presumption is that the land will come from the block next door to Tumu Kaituna 14, can certainty be provided to the Owners on this understanding will in fact be the case and we won’t end up with a land exchange in another rohe.
TK14: The concern that exchange land not be in another rohe is noted and is an important kōrero. Further details of the exchange proposals will be provided at the next hui.
Karen Stowers – Could the Trustees show their whakapapa to Tumu Kaituna 14 whenua
TK14: Trustee bios will be posted on the website.
John Pirika Can european land title be leased to which it will give the trust full control without it being sellout of the whenua
TK14 Yes general land (Euro title) can be leased. The trust has a principle of retention of land. All TK14 land is Maori land.
Paora Maxwell – Isn’t 4000 plus owners enough to pick Trustees from without considering descendants of people who sold their shares or mokopuna of owners ?
TK14 Tena koe. That feedback is noted thanks. Trustees will be recommended by the owners to the Maori Land Court for appointment.
Charlene Olliver Thank you Leo for your korero what I’m trying to ask is what if you have a substantial amount of shares could this offset your mortgage as last hui we were told that partitioning your shares out were not viable
TK14 Thanks for that clarification. The trustees will take this suggestion into account.
Sam Williams – One vote per owner does not sit well.
TK14 Kia ora. The one vote one owner is how Ahu Whenua Trusts are structured, but there can be amendments where agreed by owners. This feedback is noted.
Sam Williams – An owner with 100 shares gets one vote, where an owner with 0.001 shares gets one vote. How many votes are there overall owners?
TK14 As above. Current ownership shows 5282 owners holding 42200 shares. This link might be helpful:
Georgina Whata – To date there has been little to no movement or development on the block that required the trustees to actively participate in making commercial decisions of the nature currently being presented to the Owners. Therefore, the argument that there may be a loss of knowledge and or experience if all trustees stand down, is less relevant in the current circumstances. One of the main observations and feedback from Owners has been that Malcolm Short has been perceived to have run this Trust on his own and the rest of the trustees have had limited involvement. It was not until the first owner consultation hui that owners have been able to see who the trustees are. We have a huge pool of talent among our ownership and beneficiary pool to draw from and who are already politically and socially connected. I would support the stepping down of all trustees and a new board appointed. Any gaps in cultural history could be filled by drawing on the current trustees and wider whānau knowledge.
TK14 – Kia ora. Your preference for all trustees to stand down is noted and the reasons for your view. The Trustees have been working diligently since 2016 specifically on the opportunity to participate in the Te Tumu growth strategy.
Georgina Whata – In terms of commercial gaps, these can be filled by engaging technical experts and advisors.
TK14 as above
Tawhai Maindonald-Balsom Will there be a limit on the number of terms asitting trustee can sit?
TK14 Kia ora. Currently, no limit is proposed. You may wish to provide further feedback on that.
Tawhai maindonald-balsom – Is there an option considered to allow alternative voting mechanisms alongside that of a postal vote? all happening at the same time.
TK14 Tena koe. online voting options are being considered yes. There are significant cost implications for that option.
Karen Stowers – From research Tumu Kaituna 7A which was confiscated and is a part of the Carrus Hickson/Tauranga City Council block next door. Is this land the land the Tauranga City Council are considering as compensation for the roading?
TK14: No, that is not the land that is being considered for exchange options.
Georgina Whata – The richness of our history to our lands has to mean something to the trustees. We seem to be repeating history, with applications to the Māori Land Court to change the status of part of our lands, proposals to exchange our lands, etc. I maintain that one solution is to sit tight and let the non-Māori landowners around us including the Tauranga Council develop access to their land and then we make decisions on what we want to do with Tumu Kaituna 14 lands.
TK14 – Georgina, we have included a slide in this presentation to discuss this point that you raised at Hui #1.
Karen Stowers – Ngā mihi Uenuku. Thank you for your korero.
TK14 – Kia Ora Karen
Sam Williams – Ok, So will voting be proportional to shareholdings?
TK14 – Voting based on shares would require a significant change to the Trust Order but I have noted your feedback for consideration. Ahu Whenua Trusts have tended to be formed to try and mitigate the deficiencies of fragmentation of title over the decades, based on owner/vote not proportion of shares. However previous postal votes have been based on shares and it may be appropriate to capture both options to support the Courts understanding of the Owners general support for any matter.
Tawhai Maindonald-Balsom Leo how do I provide feedback please
TK14 – On this Q and A, or through the website or any of the ways the Trust has provided to contact them. Look forward to receiving your kōrero.
Karen Stowers – We do not support our whenua being developed the same as the rest of Papamoa has been. Its over developed with no cultural consideration. This is any opportunity to create something unique for our whenua and the owners, creating more green spaces, protection of ancestral areas such as urupa along the sand dunes from the public and alot more sustainable consideration.
TK14 – Tēnā koe for this feedback. The views expressed about cultural and environmental considerations are consistent with trustee principles, but those comments are valuable in terms of priorities.
Tawhai Maindonald-balsom – how were the workstreams paid for and if by the council was there a proviso/ deal to allow for this
TK14 The Trust currently has three work streams that are supported by the Tauranga City Council. These funding streams and the amounts agreed to are as follows
Owners Engagement – Up to $50,000
Digital Strategy – Up to $26,700
Legal Engagement – Up to $100,000
Further work streams and support with the Tauranga City Council are currently being negotiated and agreed too.
Arthur Flintoff – Smartgrowth are working on an Iwi Spatial Plan to be included in the Joint Spatial Plan which sets out the urban form and roading for the next 30 – 50 years, it would valuable for TTK14 to be involved in this.
TK14 Ngā mihi. Good feedback thanks
Dr Kenneth Cameron Kennedy – You are providing engagement zoom hui with the owners at present. After listening to Uenuku’s korero, why don’t you also provide engagement hui with the 3 governance entities of the 3 Iwi / Hapu of Ngati Rangiwewehi, Ngati Rangiteaorere and Ngati Uenukukopako?
TK14 – Thanks for that. I will ensure the trustees discuss this suggestion. Noting that under the legislation it is the views of the Trust’s direct ownership that is paramount.
Sam Williams – I understood that sandmining was stopped due to resource consent breaches and also that the initial reason for the sandmining was to flatten a section for farming which continued to grow to sand mining production. Why I ask , is that one of the korero about income it was said that sandmining was still an income.
TK14 – Kia Ora, The Trust does have a resource consent for Sand Mining and Sandmining is continuing which is the main source of income for the Trust. Sand mining only ceased for a period in 2020 due to the Covid lockdown. The contracts have been through the Court and this operation improves the Trust land as well as providing cash for Trust operations.
Tawhai Maindonald-balsom – has there been a projected expenditure and income report been created for these plans? when will the owners gain money back?
TK14 – Jeff to speak to this and Alex to provide further expenditure details after this hui. Development in terms of the overall concept for the area has been assessed as economically viable for the stakeholders (landowners, council, Waka Kotahi etc). Funding is being sought to obtain detailed feasibility plans to determine the financial viability of Tumu Kaituna 14 block based on leased land only. To date the trust has spent $2.52m on development costs which include Cultural Assessments, Environmental Assessments, Structure and Plan Changes, Maori Land Court Applications, Development Costs for Advisors, Forest and Bird Legal Costs and Infrastructure planning costs such as storm water.
Mia Morgan I tautoko Karen’s kōrero, how do all concerned, propose to address the environmental impacts and accumulative effects that will occur from this development. all while giving effect to legislation cultural impact etc
TK14 – Thanks for feedback. Cultural and environmental concerns are paramount to trustee principles. As outlined in the hui considerable work has been undertaken and is ongoing to give assurance to all parties that environmental, archaeological, and cultural impacts are mitigated.
Karen Stowers – Should there be a possible consideration for voting based on original tupuna shares?
TK14 Tēnā koe, feedback appreciated. The legislation requires the Court to take account of the broad views of the owners. Exactly what will satisfy the Court is unclear but the best guidance is comparable Court decisions.
Arthur Flintoff – It is difficult to support development of TTK14 when it opens up further trampling of wahi tapu and continues urban sprawl such has occurred along the Papamoa coast as well as activities and development in the Ford block that impacts the mauri of the Kaituna awa, wetlands and coastal dunes. We need to see details of the Ford’s plan for their block and plans for protecting the Kaituna awa and wetlands.
TK14 Noted, see above comments on cultural and environmental impacts. we will obtain a response regarding Ford / Carrus plans for wetlands and waterways.
Karen Stowers – Have all of the rates been deferred now? The Trust are paying no rates or are still paying part of the rates?
TK14 The Trust has an arrangement whereby 50% of the rates are payable in the normal course of operations and the other 50% is postponed for up to 6 years. At the end of the 6 year period those rates are then written off or forgiven if the Trust’s land has not meet certain criteria for the Trust to undertake development. New legislation came into force on 1 July 2021. TCC do not yet appear to have finalised all their policies. See Rates on Māori land – Tauranga City Council. Further information on rates is being provided at Hui 3. A request for a re-evaluation has been submitted on behalf of landowners, to bring down the rating valuation. Legal advice is being sought as to rating remission options.
Georgina Whata – Kia ora Jeff, thanks for the clarification on addressing alternative options of which a bridge over the Kaituna river was one. It would be good to understand why the bridge is not a feasible option, is it cost related, logistics or something else?
TK14 The bridge over the Kaituna River (which for planning purposes has been called the Kaituna Link) has been retained by Council as a long term option to access the Te Tumu Urban Growth Area in addition to the western road connections of Te Okuroa Drive and The Boulevard, should the future Te Tumu population densities support it. The Kaituna Link has not been considered by Council as an alternative to the western Te Tumu road connections as the planned infrastructure to service Te Tumu substantially comes from the west through the existing Wairakei Urban Growth Area. There are also identified cultural heritage, archaeological, natural hazards and river hydrodynamics that would need to be addressed as part of a Resource Consent Application process for the Kaituna Link. In addition to these factors Council has determined that the approximate $80m cost for the Kaituna Link will be difficult to fund via Government infrastructure funding initiatives or development contributions.
Sam Williams – Given, that TK14 monies is being used for development costs. Where was the permission from owners to allow that to happen. Previous Te Tumu Kaituna 14 annual reports show in small print up to 600K has been spent.
TK14 Noted, as above financial information will be provided. It is the Trustees obligation to make commercial decisions on behalf of the owners to explore development options and protect the interests of the Trust and its beneficiaries. While owners’ views are always encouraged it still falls to the Trustees to make the difficult decisions and take responsibility and liability for the Trust land.
Arthur Flintoff – What are the Ford’s plan for their block?
TK14 The Ford family also seek to develop their land, consistent with the overall Te Tumu structure plan that has been tabled.
Tawhai Maindonald-balsom – who pays for this? I mean the infrastructure. is this another bill that will be paid when we go forward with this proposal?
TK14 Further information on costs is being provided at Engagement Hui #3 and on the website.
Karen Stowers – Is the Trust Required to still pay a 3rd of the roading through Tumu Kaituna 14?
TK14 Trustees are working hard to ensure that the Trust minimises its financial contribution to roading and that all parties that benefit from a road across the Trust land contribute a fair share.
Sam Williams – Given that this is a proposal only, what’s in it for TK 14 owners? What’s in it for TCC? What’s in it for the 3rd owner?
TK14: The proposal is aimed at the benefits that would flow to TK 14 owners, these are set out in the slides. But there are clearly benefits for the Tauranga community as well, and this is a development that meets TCC objectives, and other third parties. The Trust has been waiting for decades for the right time to secure development of the Trust land that will provide long lasting benefits to the owners and their descendants.
Georgina Whata – Thank you Pirihira and Emily for acknowledging that nothing substantive has occurred on the block during your tenure notwithstanding that a number of unsuccessful projects have been pursued. I acknowledge time and place has been a huge influence of the trustee’s ability to make development decisions for our whenua. By extension and I refer to my earlier feedback today, in that the replacement of all trustees at this time could be timely to allow for new, fresh ideas from the next generation to be brought to the table. A question to ponder, are we simply asking yesterday’s people to provide solutions for tomorrow?
TK14: This is disrespectful to the hard work of the trustees past and present over 3 decades, and the options that have been considered for the benefit of owners. The Court has reviewed the Trustees performance and did not find cause to remove trustees.
Karen Stowers – If nothing has been achieved for this development by the Trust how does the Trust justify spending over 2 million dollars of Trust Funds up to this point?
TK14: Financial details of expenditure will be posted on the website. The Trust has invested into feasibility and associated costs to maximise the opportunity for owners.
Georgina Whata – Does anyone know what our whānaunga neighbours in Tumu Kaituna 7B1 and 7B2 are saying about this development or is their 3.216 hectares and 17.828 hectares respectively too insignificant for the Tauranga Council to be concerned about them and that if they choose to sit tight that’s kei te pai? I note Malcolm your a trustee on 7B2. Could this korero not be a combined effort of all 3 trusts? Where does whānaungatanga fit into the trust’s principles?
TK14: This presentation is focused on the TK14 owners, but yes there has been discussions with neighbouring Māori landowners.
Arthur Flintoff – Is there a qualified Environmental Planner on the Trusts team who primary objective is to navigate the RMA framework for Maori and do not serve council (conflict of interest)?
TK14: The Trust will ensure that it has appropriate advisors to support it through all phases of the proposal, including the RMA. Thanks for your feedback.
Sam Williams – Aue, we have to pay for a road through our whenua? do we get to charge a toll?
TK14 Options around the cost of the roading and how this will be paid for are still being discussed and negotiated. At this point in time nothing has been agreed too.
Karen Stowers – How does the Trust intend to pay for infrastructure?
TK14 The details of this are still being worked through.
Sam Williams – TK14 is paying a portion of “set up” costs. How will this be paid back? As this is “feasibility” There should be solid pay back already noted relative to expenditure already contributed which appears to be subjective, i.e jobs, housing? If we invest 600 k in a venture there should be a certain income from it, not airy fairy statements of jobs and housing!
TK14 The Trustees look at these costs as an investment into the future and provide the Trust and its owners with options to work with going forward. At the next Owners Engagement hui we will look to provide some context around what this investment could look like from a financial perspective.
Geoff Rice – Do we want our elected Trustees whomever they might be to pursue a plan to improve our wellbeing in terms of Housing, social outcomes education mahi protect our Tikanga and respective kawa etc or not. Simple yes or no. Have the whenua work for the collective benefit or do nothing.
TK14: Feedback noted
Grant Tihi – So after the Development is complete, will there be Pay outs.
TK14: The proposal contains a range of benefits for owners and increasing the financial income of the Trust is part of the strategy. The payment of dividends to owners will be a decision for future Trustees depending on prudent investment and distribution policies.
Georgina Whata – Kia ora Leo thank you for your facilitation and chairing of our consultation hui. I struggle to understand the way that trustee’s commitment to retaining Māori Freehold land when they actively pursued a change of title status for 55 hectares. I also asked last time why elections were not held last year when the Court ordered them to hold an election. The court order was not stayed and therefore they are required to hold the elections, correct?
TK14: This has been answered at the previous hui. The Court has reduced the number of trustees to 6. There is no current requirement to hold an election. The Trust has sought clarification of that from the Court. The proposal is to initiate a Trustee rotation/election regime as an amendment to the Trust Order.
Sam Williams – Exchanges have never gone well, as returned land may be confiscated land to start with, of land was sold in order to live due to confiscation, lastly who really owns the land that is being exchanged, i.e the actual owners of the land that is proposed for exchange may not even know they are the actual owners. In Taranaki this process has happened and is still happening, ref Telecom /Fletchers ownership of Maungaroa 9 Blagdon hill just one example.
TK14: Noted. Exchange land is a viable option to increase Maori land holdings. Land would be vested into the Trust, so the ownership of the exchange land would be the owners of the current TK 14 land.
Sam Williams – how will the other blocks development plans and extra infrastructure from high density developments affect TK14 owners (home owners/ shareholders)as rate payers? how do they propose to mitigate enviro impact also? will plans be in place to ensure this is implemented
TK14: The impact on rates is an important issue and more information is being sought from TCC about that to present back to owners.
Eve Henare – Not a patai but Leo could you please post up the results of feasibility of online voting costs when they are done. I’m interested as i feel it would help people away from the whenua to vote and i have an interest in tech. nga mihi
TK14 – Noted with thanks
Georgina Whata – Where in the plans is the ability for Owners to provide their feedback. For example, what would a Te Arawa centric community look like for us. It seems to me the presumption is that the development is very western in architecture and thinking. Jeff provided a comprehensive plan that started back in 2006 [or thereabouts] and nothing in that presentation signalled to me that Māori landowners had any influence at the beginning, middle or end. Therefore, it is very hard to shake the feeling that we are being railroaded into a development.
TK14: Thank you for that feedback. It is very important to ensure that any development has our tikanga and our vision stamped on it from the outset. Look forward to receiving owner feedback on this to create something very special and unique.
Tewi Pani – I suggest the Trust contact Dale Ofsoske at Independent Election Services Ltd to get a quote to run online elections for TK14. Dale manages online elections for many councils and trusts. The costs are more with the postal charges rather than online.
Tawhai Maindonald-balsom – this is just a culmination of my questions and I believe this may be what you are saying – you are asking the trustees to provide us the due diligence for this proposal?
Karen Stowers – Can the Trust consider more korero with owners and more time for them to consider all the information before any kind of voting begins? Voting at the next hui seems to be premature as this is the first real opportunity for owners to have input.
Whakaputaina Ōu Whakaaro
He uiui tēnei mā ngā uri o Te Tumu Kaituna 14.
Koinei te huarahi e mōhio ai ngā Kaitiaki ki ō koutou whakaaro mō ngā take nunui, ā, hei reira whakariterite ai i ngā whāinga mo te whenua, mā tātou hoki ngā uri.
He mea nui ki a mātou ō koutou whakaaro kia pai ai ā mātou mahi whakahaere, whakawhanake.
Ka nui ngā mihi.
We have created a survey for TK14 owners so you can give the trust direct feedback on the guiding principles, trustee rotation, development proposals and more. We encourage all owners to participate so we can ensure we are representing you and so that we can give you the information you need to make important decisions. You can fill out the survey here.
Please share the survey with whānau and other owners.