Youthful Maori Leaders Conference Economic Resources Governance .


95 views
Uploaded on:
Category: Funny / Jokes
Description
Youthful Maori Pioneers Gathering Financial Assets Administration. 17 June 2003 Person Regal/Damian Stone. Presentation. Administration and administration standards How these principles apply to M ?ori associations Normal structures utilized by M?ori associations Fuse of tikanga Basic issues.
Transcripts
Slide 1

Youthful Maori Leaders Conference Economic Resources Governance 17 June 2003 Guy Royal/Damian Stone

Slide 2

Introduction Governance and administration standards How these principles apply to M āori associations Common structures utilized by Māori associations Incorporation of tikanga Common issues

Slide 3

Preliminary remarks Structure versus Operations Shakeholderism versus shareholderism Accountability through auxiliary detail Accountability through arrangement of motivating forces satisfactory execution investigation other authoritative matters The perfect shareholder

Slide 4

Separation of Governance and Management Clear division between work force Clear division between duties Governance board or official outer concentration general vital course Management interior concentration assignment situated

Slide 5

Rationale for Separation Decision making powers don\'t go unchecked Balance of influence and specialist Transparency Accountability Responsibility

Slide 6

Applicability to M āori Introduction Best practice basis applies to all substances M āori associations business center riches creation more extensive destinations - social

Slide 7

Applicability to M āori Governance Levels At minimum four levels Members – proprietors Member delegates – speak to individuals premiums Directors – methodology orientated and screen execution Managers – errand and results orientated

Slide 8

Applicability to M āori Rationale for Separation Assists administration of advantages Transparency and responsibility Ease of observing Different administration levels have diverse assets/aptitudes Avoid potential clashes in satisfying distinctive capacities Skills administrators

Slide 9

Applicability to M āori Roles Executive set clear targets for chiefs screen supervisors answer to individuals Managers more particular methodologies answer to part agents

Slide 10

Applicability to M āori Structures Number of general alternatives accessible Ultimately up to individual gathering Other criteria - Crown and TOKM General criteria part control legitimate limit and powers certain detachment of proprietors and directors partition of business and non-business reliable with tikanga

Slide 11

TOKM Requirements Two classes Mandate prerequisites Structural necessities Summary of command prerequisites Summary of basic necessities

Slide 12

TOKM Requirements Mandate prerequisites Obligation to represent all iwi individuals, independent of where they live Membership open to whakapapa individuals Right to ask for postal vote Establish and look after registers – "on-going endeavors"

Slide 13

TOKM Requirements Mandate prerequisites (cont.) AGM yearly arrangement yearly report yearly reviewed accounts execution of benefit holding element corrections Certain alterations require 75% endorsement of voting individuals Dispute determination

Slide 14

TOKM Requirements Structural necessities Accountability Annual arrangements key procedures monetary returns defenses Separation of key capacities/straightforwardness

Slide 15

TOKM Requirements Structural necessities (cont.) Discrete lawful element to oversee PRESA and POSA Iwi association to give key administration, which ought to be incorporated into iwi association constitution Elected reps. close to 40% of chiefs of advantage administration body Representative iwi association alter constitution of advantage administration body by 75% lion\'s share

Slide 16

TOKM Requirements Structural necessities (cont.) Separation between resource administration and circulation of assets Separation between resource administration and day by day angling administration

Slide 17

Crown Requirements 20 questions advancement of substance portrayal of individuals responsibility straightforwardness

Slide 18

Governance Structures Introduction Some structures – not all Brief dialog of points of interest and hindrances Derive from Westminster arrangement of law Square pegs, round openings Law Commission Report

Slide 19

Governance Structures Common Law Trust Established under precedent-based law Flexibility in Trust Deed Unclear trustee obligations Time devouring and exorbitant Finite period – manage against perpetuities

Slide 20

Governance Structures Ahu Whenua Trusts Established under TTWM Act 1993 Avoid promote discontinuity of M āori arrive Land vested in trustees and advantages scope of individuals Arguably not completely illustrative of iwi Uncertainty of trustee\'s obligations and forces Replacement of trustees tricky Under examination and control of Māori Land Court

Slide 21

Governance Structures M āori Incorporations Established under TTWM Act 1993 Not genuinely illustrative of iwi Uncertainty as to forces Under investigation and control of Māori Land Court

Slide 22

Governance Structures Incorporated Societies Established under Incorporated Societies Act 1908 Well known and saw Potentially not completely illustrative of iwi Pecuniary pick up issue Membership must enlist every recipient authoritative commitments implementation issues Porima v Te Kauhanganui o Waikato Inc

Slide 23

Governance Structure M āori Trust Boards Established under M āori Trust Boards Act 1955 Legally dubious Powers constrained Accountable to Minister of M āori Affairs as opposed to recipients Inconsistent with tino rangatiratanga

Slide 24

Governance Structures Statutory Bodies Established by uncommon enactment Allows for iwi control Clear, extensive and adaptable Passing of enactment can be expensive, tedious and requires government understanding e.g. Te Runanga o Ng āi Tahu Act 1996

Slide 25

Governance Structure Companies Established under Companies Act 1993 Provides legitimate and business assurance Strong responsibility (e.g. shareholder assurance) Constitution takes into account adaptable, iwi particular structure Financing and business powers Difficulties in recognizing shareholders

Slide 26

Governance Structures Law Commission Recommendations Treaty of Waitangi Claims: Addressing the Post Settlement Phase (Aug 2002) Necessary for uniform model settlement element to be made by statute Must address issues of settlement gathering and individuals Should unmistakably characterize duties of those overseeing resources

Slide 27

Governance Structures Law Commission Recommendations Core commitments that ought to be incorporated stewardship straightforwardness responsibility debate determination dispersion leads in occasion of twisting up

Slide 28

Incorporation of Tikanga M āori Structures generally got from Westminster arrangement of law – conviction (law) Traditionally M āori administration structures today less certain (legend) Tikanga fluctuates

Slide 29

Incorporation of Tikanga M āori Possible clash between tikanga M āori and administration structure rules Tikanga can be joined into administration structures e.g. constitution/sanction/Trust Deed The more adaptable structures consider more prominent consolidation of tikanga M āori

Slide 30

Incorporation of Tikanga M āori Examples Recognition of Tino Rangatiratanga and Kaitiakitanga settlements take into consideration aggregate M āori possession and administration over tribal resources, land and predetermination settlements permit an iwi to hold resources and oversee them as kaitiaki obligation to ensure resources for future eras can be joined into present day structures

Slide 31

Incorporation of Tikanga M āori Examples Recognition of Whanaungatanga whakapapa based enrollment and cooperation of all individuals from kinfolk amass in the settlement procedure and administration structure whangai

Slide 32

Incorporation of Tikanga M āori Examples Recognition of Mana political power attributed through whakapapa and gained through achievement official to settle on choices subject to wishes of gathering official responsible to individuals Kaumatua part

Slide 33

Common Issues – Merging of Functions Issues may emerge if: part delegates taking dynamic part in administration chiefs get to be administration ended up executives Difficult to confine responsbility May not have fitting aptitudes

Slide 34

Common Issues – M āori Specific Resource accessibility Difficult for individuals who have verifiably attempted combined parts to separate capacities Tikanga changes can be fused into constitution and so on hard to decrease ideas to composing

Slide 35

Common Issues – Decision Making How ought to choices be made? unanimity versus greater part? what lion\'s share? what voting process? hui versus postal vote? particular voting rights? Kaumatua input

Slide 36

Common Issues – Decision Making Who ought to decide? individuals control over general heading unfeasible to have individuals settle on all choices what choice would it be advisable for them to have contribution to?

Slide 37

Conclusion Separation of administration and administration is vital Structure will affect on fruitful administration of advantages Ultimately individuals who work inside structure have most prominent impact about whether gathering is effective in overseeing resources

Recommended
View more...