Youthful Maori Leaders Conference Economic Resources Governance .

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

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

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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

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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

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

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

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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

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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

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

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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

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

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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"

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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

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

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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

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

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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

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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

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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

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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

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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

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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

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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

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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

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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

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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?

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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

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