07-Feb-2013

Notice of Voting Date & AGM Extension - Feb 7 2013

Tēnā tātou katōa te Iwi o Ngāti Mutunga o Wharekauri

Notice of Voting Date & AGM Extension

Kiaora whānau. We’ve attached a communique that you will be receiving in the mail over the next few days. 

Notice of Voting Day Extension - Signed Notice of Voting Day Extension - Signed (41 KB)

AGM & Vote Extension Notice AGM & Vote Extension Notice (144 KB)

Returning Officer Cover Letter Returning Officer Cover Letter (160 KB)

We need to advise that at a hui on 5 February 2013, eligible Trustees voted unanimously to extend the voting date, and by definition the AGM date, to Saturday 6 April 2013. You should note that as Deborah Goomes and Robin Page are nominees in the current election, they were excluded from the decision.

An audit of the voting lists sent out by Electionz.com has revealed that 98 eligible beneficiaries have not been sent voting forms as required under our Trust Deed. This arose from a mis-interpretation of a voting list sent to Electionz.com by the Trust on 12 December 2012. When this matter was brought to Trustees attention, the eligible Trustees responded immediately by considering the available options, namely to start the election afresh or to extend the voting date.

In arriving at a decision Trustees sought independent legal advice. Trustees were mindful of their duty of care to beneficiaries by ensuring the decision made was prudent, in the interest of the beneficiaries and importantly, would not prejudice the outcome of the current election. Trustees are satisfied that this has been achieved as a consequence of the course of action chosen.

Extending the voting period is not provided for in the Trust Deed but neither is it prohibited. Given the lack of guidance, the Trustees have been advised that the most prudent course of action is to ensure the additional 98 eligible beneficiaries can exercise their substantive rights to vote.

The Trustees have also considered whether to start the election afresh. Again there is no provision in the Trust Deed that governs such a course of action. The Trustees are concerned that to start the election afresh could jeopardise the current nominations that have been received in compliance with the election process. The Trustees have therefore decided against this course.

Trustees appreciate that the decision to extend the voting period will cause concern to you. However, we can assure you that the decision was taken on sound advice and with careful consideration. Accordingly, we believe on balance that the decision taken to extend the voting date, and by definition the AGM date, to Saturday 6 April 2013 ensures that we are able to provide the opportunity for those beneficiaries who had not received voting forms the opportunity to vote. This ensures that current nominees who complied with the nomination process will not be prejudiced. Please note that Electionz.com will also provide a communication to you as Returning Officer for the election process.

Note whānau, whilst the hui scheduled for Saturday 9 February 2013, is now a general information hui. Trustees and management will be at Whakamaharatanga to hui with you from 10:00am. We’d love to see you there.

Trustees and Management apologise unreservedly for this situation.

Mā te kotahi o te waihoe ka tae to tātou waka ki uta.

Paula Page
Acting Trust Chair