The Rongowhakaata Iwi Trust has reviewed its Trust Deed to ensure it remains up to date with changes to trust law, charities legislation and Māori fisheries legislation.

The review identified amendments that are required to:

• Maintain compliance with the Māori Fisheries Amendment Act 2024;

• Maintain compliance with charity law requirements; and

• Correct minor drafting and administrative updates.

Because some amendments require member approval, registered uri are being asked to vote on whether they should be adopted.  Fisheries-related amendments must be completed by 31 December 2026.

Certain amendments to the Trust Deed cannot be approved by Trustees alone and must be approved by registered members.

Uri are not voting on individual amendments.  The proposed amendments have been grouped into three Special Resolutions.  Approval of a Special Resolution will approve all amendments contained within that resolution.

• Resolution 1: Māori Fisheries Amendment Act 2024 compliance amendments;

• Resolution 2: Charities Amendment Act 2023 compliance amendments; and

• Resolution 3: Drafting amendments.

A detailed summary is provided in the Resolution and Amendment tab below.

The Trust Deed was due for a comprehensive review in 2022.  As work has progressed, it became clear there were two distinct pieces of work:

• amendments needed to maintain compliance with current legislation and Māori fisheries requirements; and

• broader governance and representation matters that require further discussion with uri.

The amendments currently being proposed relate only to the legislative compliance and administrative matters.  Broader governance matters are not part of this process and would need to be considered separately following future engagement with uri.

Māori fisheries amendments

These amendments update the Trust Deed, so it remains consistent with current fisheries legislation.  They update terminology, references to fisheries entities and fisheries assets, information that must be provided to uri and remove provisions that are no longer required.

Charities amendments

These amendments ensure the Trust Deed remains consistent with current charity law.  They clarify eligibility requirements for senior managers.  They provide that any Trustee or manager who becomes legally disqualified from acting for a charitable organisation automatically ceases to hold office.

Drafting amendments?

These amendments are administrative corrections only.  They correct numbering, cross references, formatting issues and typographical errors.

These amendments do not:

• Change who can register as a beneficiary of the Trust

• Change ownership or control of settlement assets and fisheries assets

• Change Trustee representation arrangements

• Change voting rights

• Create new powers for TrusteesReduce accountability to uri

• Determine any future governance model. 

If the amendments are not approved, the Trust will continue operating under provisions that do not fully reflect current legislative requirements.

The Trust may then need to consider next steps, which may include revisiting the amendments and bringing them back through a future voting process.

If the special resolutions are approved, the amendments will be incorporated into the Trust Deed following completion of the required legal processes.