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Hapu Incorporation  

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huiabird OWC
(@huiabird-owc)
Active Member

Hapu Incorporation

Anyone know of any article or link on hapu & whanau Incoporation theory!

Not sure if I make sense but I'm trying to understand how does this works.

Having corporation register, does this means this can over rules birth right (first born) or something.

I feels I'd been misleaded by my younger sibling. Hope someone help me, it's urgent.

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Posted : 31 January, 2005 1:13 pm
pearlau OWC
(@pearlau-owc)
Active Member

Tena koe huiabird

I am not sure what information you are seeking regarding Hapu/Whanau Incorporation but here are some Associated terms:-

Company
The definition of a "company" for tax purposes is broad. It includes any 'body corporate' or other entity that has a legal personality or existence distinct from those of its members.

Section 250 of Te Ture Whenua Maori Act 1993 deems a Maori incorporation to be a body corporate.

Maori Incorporation
A Maori incorporation is a structure similar to a company established to facilitate and promote the use and administration of Maori Freehold land on behalf of the owners.

Maori incorporations were designed to manage whole blocks of land and are some of the most commercial types of Maori land management structures.

Committee of Management
An interim Committee of Management is appointed for a period of time to manage the affairs of the Incorporation.

After the first annual general meeting the shareholders must elect and appoint a new Committee of Management.

Shareholders
The shareholders of Maori incorporations could be an individual, trust, or corporate body.

Dividends are payments made to shareholders from Maori Incorporation income based on their shares.

Trusts which can be established under Te Ture Whenua Maori Act 1993

Whanau Trusts
This is a whanau orientated trust. This trust allows the whanau to bring together all their interests (specified shares in Maori land) for the benefit of the whanau and their descendants.

Trustees are appointed by the court order to administer the affairs of the trust.

Legislation: Section 214 of the Te Ture Whenua Maori Act 1993.

Check out http://www.ird.govt.nz/maoriorganisations/maoriauthority which gives details on incorporations and the legal aspects that they are govern by.

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Posted : 08 February, 2005 12:20 am
huiabird OWC
(@huiabird-owc)
Active Member

kia ora pearlau,
Here is my view, trying to understand if this is legally done.

Two week ago, the hapu incorporation their lands has registered.

A week after was told by my sister this lady be around to explained about the putea.
Arrived there, wasn't even talking putea. I was set up both my mother, and my siblings. So angry how they did it.
The land owner (living mother) incorporated individual the small block with her house has deed of title, mother had chooses 3 committee (chairperson, secretary, treasure) before I didn't even know of this.
three hours later,I had to leave for my tamariki back home. I was told to sign "attendant to meeting" paper. I'll never sign my full birth right names. but I had sign a dunn signature. This all done before they (my mother, and the siblings) On 3rd feb, they heading towards waitangi celebration day.
Now, I am worried, for week I try to sleeps and eats.
PLEASE SOMEONE HELP ME. Any suggestion or comment appreciate it.
Does this means my deceased grandparents passed their lands/interest down to dad and my mother can incorporation it. I am first born on all side the whanau.

sorry for the long post, I am worried.

Edited by - huiabird on Feb 09 2005 10:09:55 AM

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Posted : 09 February, 2005 10:01 am
pearlau OWC
(@pearlau-owc)
Active Member

Tena Koe Huiabird

I am not able to comment on how, why and "can" the incorporation be set up regarding your whanau land.

This is treading on ground, that I would not want to give false information or hopes, when I do not know any history. Such as wether the land has been in maori title only or has at any time changed to crown land, or a matter of share ownership or if a Will was left naming the beneficiary(s), the list can go on. And the reason for it would only be known by those who have moved in this direction.

And even if you were to tell me any of the above , it would not be my place or right to advise anything.

The only suggestion I can give you, is that you can call a meeting with your whanau, and take along with you, other support persons/whanau, kaumatua,and/or people who are savvy with understanding the incorporation side of the issue, and find out the reasons why, this is happening, and what impact it has on you and the future of your tamariki.

Make a list, and get yourself prepared for the meeting, to ask the questions that you need the answers to. And at any time it seems that a whole lot of jargon (illegal/policy terms) are used, then tell them, you want it in plain simple english.

Another suggestion is to find out under what "name" the incorporation of the land is and to put in writing you objections to the move, stating your reasons. (Always sign and keep a copy for yourself).

Also where and when, the papers are going to be submitted (if not already) for consideration for the incorporation.(ie: maori land court)

The below link is a readable, understandable guide to Maori Incorporations - covering everything from establishing an incorporation to winding one down. (Ture Whenua Act)
http://www.courts.govt.nz/maorilandcourt/pdf/incorps.pdf

Have a good read through the above link, before having a meeting with your whanau/or contacting the maori land court.

I do not know which area you live, but below is contact names, addresses, phone and email addresses for Maori Land Court Offices.
http://www.justice.govt.nz/Maorilandcourt/pdf/trsfrp.pdf

It seems like a lot of reading,investigatng and understanding, looking at the above websites, but in the long run, you will not only come to an understanding, and find the answers, you will also equip yourself with the knowledge, and be able help some-one else who comes faced with an issue like yours.

I wish you all the best, in your endevour to find the answers, and I am sure, other members here may offer other suggestions, or even answers, or a short route than what I have suggested.

Let us know, how you get on.

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Posted : 09 February, 2005 11:53 pm
huiabird OWC
(@huiabird-owc)
Active Member

kia ora pearlau,

Thank-you for your reply.
Still hasn't heard any further discussion since I'd posted. I hope ain't no damaged is done by my whanau!
kia ora.

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Posted : 12 March, 2005 6:10 pm
Scarlett OWC
(@scarlett-owc)
Active Member

It is sad that this still happens. Go to the nearest Maori Land Court and ask someone to help you. That is their job.Trust what you feel.

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Posted : 02 April, 2005 10:22 pm
y2ranga
(@y2ranga)
Active Member

Kia ora Huiabird, I am aware there is an individual who has been encouraging people to join/sign up under his hapu sovereignty. To be a part of his incorporation there is a sum that the group wanting to join must pay. There is another hapu sovereignty group that encourages whanau to register their land, and then they are given a seal which apparently gives that whanau approval to do things which would normally be required to be done through a govt agent. I would want to know more, else it may become a situation similar to the carver who is trying to cash the money that he was paid, but it not being legal tender. I tautoko what pearlau and Sallyn says an follow your ngakau.

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Posted : 02 April, 2005 11:29 pm
huiabird OWC
(@huiabird-owc)
Active Member

Kia ora,
Still having heard any meeting since or seen anyone. Therefore, I believe it didn't goes thru I hope.
if any you know hohepa maperia, he was informed in the first place by my own immediate whanau who has started this in the first place.
I had no intention or agreed with this incorporation.

In the beginning, I was sent a notice to attend a meeting to come and meet maperia. By the time I realize what was mentioned there. I was confuse and too whakama to say anything. I'd tried to leave. We've told to sign attended meeting paper the names, address and signature. I did it under different names thus, anyway I then left unhappy.

If only I knew or if anyone here know hohepa maperia (joe) contact number. I very much appreciate it. I having been settling too well because I'm afraid it may be the end of the road for my next generation because how it went about it.

Thank-you for all your support.
arohanui

ReplyQuote
Posted : 03 April, 2005 6:29 pm
y2ranga
(@y2ranga)
Active Member

Huiabird if you send me an email I will give you a contact number for someone who maybe able to give you some more answers.

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Posted : 04 April, 2005 1:20 pm
kiriwai
(@kiriwai)
Active Member

If your mum or dad succeeded to their parents land shares, then they have every right to do what they want with it. They can choose to set up a Whanau Trust, they can also select whom they want as trustees, if your mum is intending to set up a Whanau Trust for you and your siblings meaning your brothers and sisters, mokopuna etc and especially if she has included you then you do have no worries.
What she may have got you to sign, could have been your Consent, (which is'nt really needed) she can put you in anyway and your tamariki, to be included. A Whanau Trust, can be under the umbrella of a Incorporated Trust, that your Tupuna has Shares in, and any putea coming from the Incorporated Trust, will go directly to the Whanau Trust Account, your mum may have wanted you to be a TRUSTEE, which will give you voting powers should you agree or disagree on how your Whanau Trust should be administered. I'm not sure what your mum's circumstances are but my guest is she is trying to set everything up a W/Trust before she passes on, by doing this, this is saving her siblings the hassles of having to fill out Application forms to succeed to her or your dad's
Land Shares. My partner and I are going to do the same for our kids and mokopuna, and I already know what we have to do, it well be lots of whanau Hui, lots of signing FORMS. this well be easy co's our kids live around us. BUT we are yet to do the same for my brothers and sisters and all our kids and moko kids and this is going to be more complicated we are scathered here and Aussies
Be sure to read all your papers b4 signing. I suggest you purchase this book (Maori Land Law) by Richard Boast,Andrew Erueiti, Doug McPhail,and Norman F Smith, its expensive ($101.25) but its worth it and the (Te Ture Whenua Maori Act 1993)book which cost about $25.00 you really need the 2 together, visiting your nearest Maori Land Court Office, will also advise you of things you are unsure about
I'm still learning to.

Be aware of these people wanting you to join up on their Hapu Incorporation, co's what I know you do not pay any money to join up, and also he would need to call a whanau hui with all members that belong to that particular HAPU

Kiaora

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Posted : 17 April, 2005 6:45 pm
huiabird OWC
(@huiabird-owc)
Active Member

Kia ora kiriwai,

Thank you for letting me know the books and about the whanau trust hope things goes well for your whanau.
I have this books you mentioned, was given by my relative.

As far as I know, there ain't no incorporation or the whanau trust.

I'll explains further..........

My father died in the 19th century.
it was my mother who had succeed to my father for life interest and she included us children in as a shareholder. Consent was agreed by my 2 sibbling in MLcourt.
Yes! she has the legal rights. but I didn't know how or why the vesting order can be without my consent as the land owner and first child of my father.
I checked with MLC, says still didn't matter! thus, what its as the land owners rights.
That's really stupid, it seems to me anyone can succeed to anyone land.
I'd done alot investigation searching info, MLC and maori trustee board.
So far it is the sad news. I've got few letter from MTB and fraud investigation from wellington. It seems to be all in mirror image. What this means, it there and it not there.
So I went on searching and got another letter with lands document it held in my own names that my mother was to get the life interest from shares. STRANGE!!! no interest from my father.

well, I'm still searching. I will find out how it got in my names.

For the hapu incorporation, this is something I don't agree with.

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Posted : 18 April, 2005 5:49 pm
poutokomanawa
(@poutokomanawa)
Trusted Member

Tena koe huiabird,

It depends on the date of death of your father (and your mother if she has died) as what can and can not be done as there are different acts that govern for different years. By what you say, it seems that the date of death was after 1993, is this correct?

Nau te raurau,
Naku te raurau,
Ka ora ai nga tangata!
--------------------------------
Together we will get there!
--------------------------------

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Posted : 19 April, 2005 12:44 am
huiabird OWC
(@huiabird-owc)
Active Member

Kia Ora poutokomanawa

My dad's mother died 1992, dad died 1996 and his father died 1999, were the land owners.
According what documents I've got from MLC and investigation says I can put in application section * to succeeded.
I think thats why my whanau's whanau trust and incorporation hasn't process for them.

I still keep on searching find out why, how or what is going on.

kia ora

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Posted : 19 April, 2005 5:39 pm
hinemako OWC
(@hinemako-owc)
Active Member

Kia ora Huiabird

It soundz like u are getting the raw end of a deal gone bad so to speak, legally your whaea as sole shareholder before you and yours had every right to do what she did even without your consent,the HAPU INCORPORATION thing is simply put a structure designed to protect the lands invested and the owners rights, it is they way that is is running and who is running it that gives the HAPU INCORPORATION the bad persona that everyone thinks when infact it is the people that is put in the postions to run it, my advice is if you are going to run any sort of whanau/hapu structure that involves land and your rights make sure that the positions needed to run it are filled by whanau that 1) you can trust to do the right job and 2) whanau that have the skill and the knowledge to run such a structure...
As for you yourself gather togeather your whanau and have it out ask why as the Mataamua of the whanau you were left out, because at the end of the day I TAKAHIA TOU MANA it is your mana that has been trampled RESTORE IT!! let them know that you will not take that sort of disrespecting.....
and before you wonder why im saying this simply put BEEN THERE DUN THAT!!

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Posted : 10 September, 2005 10:01 pm
huiabird OWC
(@huiabird-owc)
Active Member

Kia ora hinemako

Here is the later updated.

My(idiot)whanau couldn't incorporation (thanks goodness), also no life interests went to my mother either(she's still alive.)
she file for succession to my dad life interests. (Dad didn't leave no will) this has approved but it's locked in the whanau trust.

The problems is now, my dad's sisters who were clever and greedy enough to make sure so mum will not be entitle to the life interest gone into the whanu trust, Court order proceed before mum application.

Only way my mum gets the life interest I file it in court, application (sec 214) (I think) to withdraw dad shares from the whanau trust. Then, mum has the rights to the claim.

Ana, back fire! for not telling me everything!

I have some documentations in my named from dad's parents passed straight to me but none for my brothers and sisters.
I used to lived with my grandparent from 2 week old baby until three years old, my parents came to collect me. It was stink and hard life living with my real parents. But anyway,.........

maori land court say I had to wait until my mother re-married or pass on, then I can file the succession from my own shares.
I don't know well enough how the MLC systems work.
Ok! thats all. nothing I could do until my mother r-emarried or death

kia ora

Edited by - huiabird on Sep 11 2005 5:16:08 PM

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Posted : 11 September, 2005 5:04 pm
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