1. Purpose 

1.1 The purpose of this Charter is to set out the role, responsibilities and relationships of  the Kahuranaki Marae Committee to the hapu and descendents of the Marae. 

2. Iwi and Hapu Affiliations 

2.1 The Iwi that this Marae acknowledges is Te Whatuiapiti and Ngati Kahungunu whanui although other iwi and hapu also have acknowledged connections.  2.2 The predominant hapu identified for this marae is Ngai Te Rangikoianake. 

3. Name and Location 

3.1 The name of the organisation shall be Kahuranaki Marae Committee.  3.2 The premises and facilities administered by the organisation are located at Te Hauke,  1864 State Highway 2, R.D. 11, Hastings 4178, Hawkes Bay. 

4. Legal Description 

4.1 The legal description of the land administered by the Kahuranaki Marae Committee  is the Poukawa (Marae) Maori Reservation which incorporates the blocks known as  Poukawa 11W, 11U, 11T and 11N1. The Trustees acknowledge those owners who  gave land towards the reservation and encourage their involvement in the  Committee. 

5. Management 

5.1 Kahuranaki Marae Committee shall also be known as Trustees of the Marae referred  to as the ‘Committee’. The Kahuranaki Marae Committee will fulfil their trustee  responsibilities under the Te Ture Whenua Act 1993 as Trustees and the Maori Community Development Act 1962 as a Maori Committee. 

5.2 The general responsibilities of the Kahuranaki Marae Committee in respect of the  local Maori/ hapu shall be: 

• •  (a) To maintain and administer the marae complex/ reservation to a standard  that allows the hapu to satisfactorily apply their tikanga: 
  •  (b) To consider and discuss such matters as appear relevant to the social,  cultural and economic advancement of the local Maori/ hapu: 
  •  (c) To consider and, as far as possible, give effect to any measures that will  conserve and promote harmonious and friendly relations between members  of the local Maori/ hapu and other members of the community: 
  •  (d) To promote, encourage, and assist local Maori—

• • •  (i) To conserve, improve, advance and maintain their physical,  economic, industrial, educational, social, moral, and spiritual well being; 
    •  (ii) To assume and maintain self-reliance, thrift, pride of race, and  such conduct as will be conducive to their general health and  economic well-being; 
    •  (iii) To accept, enjoy, and maintain the full rights, privileges, and  responsibilities of New Zealand citizenship; 
    •  (iv) To apply and maintain the maximum possible efficiency and  responsibility in their local self-government and undertakings; and 
    •  (v) To preserve, revive and maintain the teaching of Maori arts, crafts,  language, genealogy, and history in order to perpetuate Maori  culture: 
    •  (e) To collaborate with and assist Government Agencies and other  organisations in— 
    •  (i) The placement of local Maori in industry and other forms of  employment; 
    •  (ii) The education, vocational guidance, and training of Maori; 
    •  (iii) The provision of housing and the improvement of the living  conditions of Maori; 
    •  (iv) The promotion of health and sanitation amongst the local Maori  people; 
    •  (v) The fostering of respect for the law and law-observance amongst  the local Maori people; 
    •  (vi) The prevention of excessive drinking and other undesirable forms  of conduct amongst the local Maori people; and 
    •  (vii) The assistance of local Maori in the solution of difficulties or  personal problems. 

6. Election Process and the Appointment of the Kahuranaki Marae Committee

6.1 Elections for members shall be held at Kahuranaki Marae. 

6.2 All persons of Ngai Te Rangikoianake descent and/or with a direct affiliation to the  Marae can take part in electing the Committee Members. 

6.3 All persons of Ngai Te Rangikoianake descent and/or with a direct affiliation to the  Marae are eligible for appointment, except for those who have been removed by an  order of the Maori Land Court. 

6.4 The Marae Committee shall be elected by the hapu in accordance with Schedule 1. 6.5 Any disputes regarding eligibility to vote and/or be nominated, shall be resolved by  the outgoing Marae Committee. 

6.6 The election results are to be noted in the records of the Maori Land Court, Takitimu  District within one calendar month of the elections. 

6.7 The importance and special place of Kaumatua within this structure is acknowledged.  They should always be given the opportunity to convey their opinion and guidance to  the Trustees.

6.8 Membership 

The Kahuranaki Marae Committee shall be made up of thirteen (13) members. As a  guide, the committee could consider representation from: 

• •  The whänau who bequest the lands 
  •  Kaumätua duly elected by them 
  •  Rangatahi focused members 
  •  Maintenance/ marae buildings/ grounds focused 
  •  Administrators 
  •  Hapu development focused members 
  •  Planners and fundraisers 

6.8 The newly elected Committee must complete and submit a consent order, within  one month of the triennial hui elections, with the Maori Land Court confirming the  names and position holders of the new Trustees. 

6.9 On receipt of the endorsed consent form from the Maori Land Court the Trustees  must publish within seven (7) days confirmation of their appointment in a local  newspaper. 

7. Meetings 

7.1 The Committee must hold a minimum of ten general Committee meetings per year,  or at any other mutually agreed time, for the purpose of on-going management of  the Marae.  

7.2 The first meeting of the Committee shall be held within thirty days of their  appointment. 

7.3 Only the members can vote at any general Trustee meeting. Voting will be by a  show of hands unless otherwise requested. 

7.4 All descendants shall be entitled to attend any of the general Committee meetings,  provided that their presence does not detract from the purpose of the Committee or  the purpose of the meeting.  

7.5 A quorum of 60% of the Committee must be in attendance before the meeting is  opened so that any decisions made are binding. 

7.6 If a quorum is not established at the meeting, the meeting may proceed, but any  decisions made shall not be binding until ratified by a majority of the Committee. 7.7 All decisions shall be decided by a majority of votes of the Committee present at the  meeting. 

7.8 The Chairperson shall have a deliberative vote and also, in cases of a tie of votes on  any matter, a casting vote. 

7.9 In the absence of the Chairperson, the Deputy Chairperson shall chair the meeting  and shall have a deliberative vote and also a casting vote. 

7.10 The voting process shall be by a show of hands unless otherwise agreed by majority  of Committee. 

7.11 If a member fails to attend three (3) consecutive regular meetings and also fails to  submit their apologies to the Chairperson or Secretary, that member will be deemed to have resigned, unless she/he have been granted special leave of absence by the  Committee.

Annual General and Special Meetings 

7.12 Annual General Meetings will be held within three (3) months of the end of the  financial year. The purpose of the annual general meeting is to: 

• •  present the Year End Financial Statements and notify Hapu of the  Chartered Accountant who has reviewed and/or audited the annual  accounts. 
  •  present an account of the achievements of the year 
  •  present an annual plan for the coming year 

7.13 Special general meetings may be called by the Committee at any time as seen  necessary where input is required by the Hapu.  

• •  A special general meeting must be called if the number of original  elected Committee falls below 60%. 
  •  Notification of hui will be done in the same manner as for the  Triennial hui – refer Sections 6.4 and 6.5 of this document. In the case  of special general meetings, the notice period of twenty one (21) days  may be waived where an emergency exists. In this case at least all  Committee are notified as a matter of urgency. 
  •  A minimum quorum of 60% of the Committee and (number of  descendents) of the Marae shall be present before voting is allowed. Voting will be by a show of hands unless otherwise requested by the  majority of attendees. 

8. Duties and Behaviour of Committee 

Committee must 

8.1 Act in good faith in exercising their powers. 

8.2 Administer Kahuranaki Marae: 

 for the benefit of descendents 

 for those entitled to use and enjoy Kahuranaki Marae 

 in accordance with the Maori Reservations Act 1994 and Te Ture Whenua Act  1993. 

 In accordance with other relevant legislation. 

8.3 Committee members cannot delegate their authority. 

9. Committee Code of Conduct 

9.1 All Committee must work together for the betterment of the Marae. 9.2 All Committee members must uphold mana Atua, mana Tangata, mana whenua,  mana Rangatiratanga. 

10. Power of Committee 

10.1 The Committee of Kahuranaki Marae will by majority resolution: ∙ authorise activities on the reservation to any person or whanau or group ∙ issue permits in relation to any activity on the Marae

• •  apply to the Court for any directions in relation to the administration of the  reservation and the powers and obligations of the Committee 
  •  call meetings of interested persons in relation to the administration of the  reservation 
  •  appoint and employ, on behalf of the Committee, such advisers, as the  Committee think fit, for the purposes of enabling their better administration of  the reservation. 

11. Committee Responsibilities and Administration 

11.1 The Committee shall be responsible for the efficient and effective running of the  Marae, although they may delegate the day to day functions and responsibilities. 

11.2 The Committee must ensure tikanga and kawa of the Marae is maintained by :  ∙ maintaining contact with Ngai Te Rangikoianake Kaumatua 

• •  supporting Kaumatua in ensuring Manuhiri and Tangata Whenua are  informed of the tikanga and kawa: 
  •  providing clear direction on the use of the Marae Atea and other  whenua associated with Kahuranaki Marae for hui and tangihanga;  and 
  •  supporting whanau to maintain the Urupa. 

11.3 The Committee must keep and maintain accurate and up to date records and  accounts in relation to the administration of Kahuranaki Marae. 

• •  The Committee shall maintain a bank account into which all money  received for Kahuranaki Marae 
  •  The Secretary shall be responsible for keeping a minute book of all  Committee meetings and resolutions. She/he shall also maintain all  records related to the administration of Kahuranaki Marae 
  •  The Treasurer will be responsible for the maintenance of all financial  records of Kahuranaki Marae. 
  •  To operate Kahuranaki Marae Committee bank accounts, two (2) out  of three (3) signatories are required. The signatories must consist of  the Treasurer/Chairperson and one other trustee perhaps the  Secretary 
  •  Any applications for funding must first be presented to the Committee at a general meeting and authority to proceed confirmed by a  resolution of the Committee at a general meeting 
  •  All documents that involve the acquisition of money must be signed  by the Treasurer, Secretary or Chairperson 

11.4 The Committee shall also be represented on each sub-committee (portfolio) of  Kahuranaki Marae as an advisory member of that sub-committee. Their primary role  is to work with the sub-committee members to ensure that all communication is  open and honest.

11.5 The Committee will require that other Committees/Organisations operating on the  Marae, inform the Committee of: 

 any activity likely to affect the Marae; 

• •  any activity likely to have financial implications on hapu of the Marae;  and 
  •  any long-term (more than 3 years) affect on the Marae or its whenua.
  • 11.6 A duly appointed representative elected by the Committee will represent the Hapu  on all relevant Iwi Committees. 
  • 11.7 All persons who cease to hold office as a member due to retirement or removal must  return all records and documents collated during their term as member of  Kahuranaki Marae Committee. Such persons shall be released from any liability  unless he/she were the instigator and/or participant in any incident, while holding  office that gave rise to the liability action. 

12. Limitations of Committee Abilities to Administer the Land 

In accordance with Te Ture Whenua Maori Act 1993 the Committee: 

12.1 Cannot sell, gift, exchange or mortgage land that comes under the reservation.

12.2 Can only grant leases or occupational licenses of the land for up to fourteen (14)  years. The exception to this rule is in the case where land is used for the purpose of  education or health. 

12.3 Must obtain the consent of the Maori Land Court for any lease or licence that  exceeds three (3) years. 

12.4 Any revenue from the lease or licence must be used as directed by the Maori Land  Court. 

13. Delegation of Authority 

13.1 In his/her absence the Chairperson may nominate any member to chair a meeting or  attend hui on his/her behalf. 

13.2 The Committee can co-opt onto the committee descendants to complete specific  projects or provide specialist advice. Co-opted members are not eligible to vote at  general meetings. 

14. Constitution  

14.1 This Charter forms the Constitution for the Kahuranaki Marae Committee. 14.2 The Committee must ratify all policies, rules and guidelines of the Kahuranaki Marae Committee. 

14.3 The Committee can ratify or if need be, call a hapu hui to ratify rules, regulations and  guidelines of the Kahuranaki Marae Committee. 

15. Strategic Plan 

15.1 A Marae development plan may be prepared for Kahuranaki Marae, but it will  remain a separate document from this charter. 

15.2 The plan will be maintained and reviewed by the Committee. 

15.3 The plan does not need to be registered with the Maori Land Court or any other  official body.

15.4 The purpose of the plan shall be to enable the Committee to plan future  development, based on the history of Kahuranaki Marae and the needs of the hapu.  

16. The Charter 

16.1 This charter: 

• •  Shall be kept at the Marae and/or available from the Committee. 
  •  Any amendments to this Charter must be approved and ratified at a special  general meeting.

Schedule 1 

Election Process. (Reference- Maori Community Development Regulations 1963, Regulation  3).  

∙ (1) At least two weeks before the last Saturday in February in the year 1964 and at  least two weeks before the corresponding day in every third year thereafter, each  functioning Committee shall, by public notice in a newspaper circulating in its area or  in such other or additional manner as it thinks will adequately inform the  Whanau/hapu/community in its area, call a public meeting of  Whanau/hapu/community residents for the purpose of electing members of the  Committee for the ensuing three years. The notice shall state the date, time, and  place of the meeting. 

(2) At any such meeting any person who is Whanau/hapu/community affiliated, who  resides in the Committee’s area, and who is of the age of 18 years or upwards shall  be eligible to vote. A register of such people present shall be maintained and  numbered voting forms shall be issued to each eligible voter.  

(3) At any such meeting the Chairman of the outgoing Marae Committee shall  preside/facilitate unless the committee choose otherwise. If the Committee  Chairman is not chosen to preside/facilitate the meeting the members must  designate the chairman/facilitator. If no chairman/facilitator is so chosen a  chairman/facilitator shall be elected by the meeting. 

(4) Written nominations for election signed by the nominator and seconder and  accepted by the nominee may be lodged with the Committee before the meeting  and verbal nominations may be made and seconded at the meeting.

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Presented to the hapu 28th March 2012 

(5) If the number of nominations received does not exceed the number of persons  required to be elected, those persons shall be declared to be elected. 

(6) If more nominations are received than the number of persons required to be  elected, a ballot shall be conducted amongst those present who are entitled to vote.  At any such ballot no person’s vote shall be counted if he votes for more than the  number of persons requiring to be elected but a vote for fewer than that number  shall not be invalid. 

(7) Where a ballot is held, the meeting shall appoint two adult persons present to be  scrutineers to check and count the votes. Unless there are insufficient other adult  persons present, no person who has been nominated for election and no wife or  husband or civil union partner or de facto partner of any such person shall be  appointed as a scrutineer. 

(8) The nominees up to the number required to be elected who receive the highest  number of votes shall be deemed to be elected. If there is an equality of votes  amongst a group of nominees who could not all so be declared to be elected without  exceeding the number of vacancies, a further ballot shall be taken amongst the  members of that group to determine which of them shall be elected, and, if the  second ballot does not result in a decision, the chairman of the meeting may  exercise a second or casting vote. 

(9) All other questions arising at any such meeting shall be decided by a majority of  the votes of those present and entitled to vote. In the event of an equality of votes  the chairman of the meeting shall have a second or casting vote.