Taumata o te rā marae Charter
1. TAUMATA O TE RĀ MARAE TRUST RESERVATION
In accordance with the Ture Whenua Act 1993:
• Ngāti Manomano sought and was granted Trust Reservation status over the marae;
• The Appointed Trustees of the Trust are the legal entity for administering the reservation;
• As the Trustees have chosen to work through two functional committees to conduct specific allocated tasks a Charter is required so that all beneficiaries understand the agreed relationships and protocols
2. DESCRIPTION
A description of Taumata O Te Rā Marae is given at Annex A.
3. BENEFICIARIES
The descendants of Tuwhatu and Manomano, [and the spouses of the descendants] being members of the Ngāti Manomano Hapū are the beneficiaries of the Taumata O Te Rā Marae.
4. TRUSTEES
4.1 The Process For Nominating And Selecting Trustees
• Trustees are to be direct descendants from Waitauhi and Kereama Te Ngako, being the family that established and built Taumata O Te Rā (TOTR) Marae.
• A Nominated Trustee will be required to serve at least one year on a probationary basis to prove that they are capable of attending meetings as required of Appointed Trustees before the appointed trustees will consider forwarding his/her name to the Māori Land Court (MLC) to confirm appointment.
• Appointed Trustees are required to attend:
a. At least 50% of the meetings of the TOTR Marae Committee held each year; and
b. The AGM of Trustees and other meetings of Trustees provided at least two weeks notice is given.
Notes on Trustees:
1. Only the MLC can appoint Trustees.
2. The MLC is unlikely to appoint someone who is bankrupt or imprisoned or a minor or under mental disability or has been convicted of a crime of dishonesty.
3. A Trustee remains in office until they are removed by an order of court.
4. A Trustee may resign.
5. At least half of the appointed trustees constitute a quorum.
4.2 A Guide for Trustees
Trustees are required to act in accordance with the Māori Reservations Regulations and the content of this Charter. The Māori Reservations Regulations covers such matters as Terms of Office, Duties, Powers, Authorising Activities, Trustee Meetings, Meetings of Persons Interested in the Marae, Annual General Meetings, Records and Accounts, Execution of Documents and matters in relation to the Māori Land Court.
4.3 Principles
Ngāti Manomano will be guided by the values and traditions of our ancestors passed down over the generations to the present day elders of the Hapū and that concepts such as Mana Tangata, Mana Whenua, Manaaki Tangata and Tikanga Māori are paramount to the way we conduct ourselves and the way we make decisions. It is essential that:
• All activities are carried out in accordance to the tikanga of Ngāti Manomano and Te kawa o Taumata O Te Rā Marae.
• We actively participate in the revival, usage and preservation of the Māori language plus the maintenance and development of tikanga Māori.
• The Marae as our principal home must be well maintained and thoroughly respected at all times.
• Every courtesy and comfort is to be extended to our Manuhiri.
• We are considerate and supportive of each other and that respect is paid to our Kaumātua at all times.
• The spiritual and physical well being of all members of the Hapū is actively promoted.
• All assets and facilities of the Hapū are preserved, protected, maintained and developed to their full potential.
• We become advocates and practitioners of Social Justice, Safe and Healthy Lifestyles, Environmental Conservation and Sensitivity to Cultural Diversity.
• Being aware that people are our wealth that we give full support and encouragement to those who seek to enhance their individual and our collective development.
• Ngāti Manomano must strive to maintain links with extended whanaunga.
• We maintain control over our own destiny.
4.4 Accountability to the Beneficiaries
Collectively Trustees are to:
• uphold the principles of this charter and to act in accordance within the regulations set out in the Māori Reservations Regulations 1994.
• attain Annual Goals and work towards the attainment of Long Term Goals established at Annual General Meetings
• retain accurate records of meetings [Minutes], assets [Assets Register], accounts [Audit Records], correspondence and record of activities [Subject Files]. Methods for the security and controlled access to these records are to be arranged by the Trustees.
A report on the above matters is to be tabled at and all of the above mentioned records made available for scrutiny at each Annual General Meeting.
4.5 The Process for Resolving Conflicts between Beneficiaries and Trustees
There are four levels of conflict resolution. The first three are in-house where the conflict is resolved within the Hapū. The fourth level involves recourse to the Māori Land Court.
• Level 1 Resolution.
A conflict may be resolved by direct discussion/agreement between a Beneficiary [or Beneficiaries] and a Trustee [or Trustees] concerned.
• Level 2 Resolution.
A resolution may be sought at a meeting of Trustees if an attempt at Level 1 has failed to resolve the conflict to the mutual satisfaction of parties concerned.
• Level 3 Resolution.
A conflict which has not been resolved at 1 or 2 Level may be tabled at a meeting all of Beneficiaries [which of course includes Trustees] specially convened to resolve the conflict or tabled at the next Annual General Meeting of the Hapū for consideration and resolution.
• Level 4 Resolution.
Conflict not resolved at Level 3. A beneficiary may make an application to the Maori Land Court to investigate an inquiry into the administration of the Trust. The applicant must send a signed statement detailing the situation and their concerns to the MLC. A copy is also to be sent to each Trustee.
5. FUNCTIONAL COMMITTEES.
The Trustees authorise the two functional committees listed hereunder to continue to function under their current constitutions [a copy of which is to be filed with the Trustees secretary] and will continue to operate their current independent financial accounts. Financial accounts including Asset Registers are to be audited annually and presented to the Trustees at their Annual General Meeting. A copy of all committee meetings minutes are to be sent to the Trustees and the Trustees secretary.
5.1 Taumata O Te Rā Marae Committee
The Marae Committee shall be responsible for the day to day administration of the Marae and Ngāti Manomano Hapū.
5.2 Flats Committee
The Flats Committee will be responsible for administering and maintaining the marae flats.
6. AUTHORITY TO CONDUCT ACTIVITIES IN RELATION TO AND/ OR GATHERINGS ON THE MARAE
Activities in relation to the Marae and/or gatherings upon the Marae may not take place legally without the approval of the majority of Trustees.
Applications in writing may be submitted to any one of the Trustees (listed at Annex B) but the activities or gatherings cannot take place without confirmation that approval has been authorised by a majority of Trustees. In times of emergency the approval may be gained via telephone, email or other personal contact with the trustees. These details are to be annotated on the form. The form is attached at Annex C.
An application form may be obtained from any one of the Trustees, or the Marae Committee office holders.
7. PROCEDURE FOR ALTERING THE CHARTER.
Proposed changes to this Charter are to be notified to the Trustees Chairperson in writing at least one month prior to an Annual General Meeting [AGM] and displayed on the Marae notice board. The notification is to contain a description of the proposed change, the reason for the change, the name and signature of the person making the proposal plus the name[s] of the person[s] seconding the proposal. The proposal is to be discussed at the AGM and the outcome is to be decided by a vote of Beneficiaries attending the AGM. To sanction the change two thirds of those attending the AGM must vote in favour of the change.
Note: This Charter may also be altered at a SPECIAL MEETING called to amend the Charter provided the above rules regarding notification and voting to sanction the alteration are adhered to.
8. PROVISION FOR KEEPING AND INSPECTION OF THE CHARTER.
A Copy of the charter will be:
• Issued to each Trustee.
• Maintained by the Trustee Secretary.
• Displayed on the Marae Notice Board
• Placed in archival records
9. AUTHORITY TO ISSUE.
Issued in accordance with clause 7 of the Māori Reservations Regulations 1994 after consideration, compilation and endorsement at a special meeting of the Trustees and Beneficiaries of the Taumata O Te Rā Marae on 23 August 2008.
Name: Christine Uawahirangi Kiriona Signature.............................................
Chairperson of the meeting of Trustees and Beneficiaries of the Taumata O Te Rā Marae convened to amend this Charter 23 August 2008.
Date signed...................
TO VIEW ANNEXES INCLUDING THE USE OF THE MARAE APPLICATION FORM, CLICK ON THE LINK BELOW: 
Page last updated 13 Jan 2010
