For Shareholders

Update Contact Details

Otakanini Topu is committed to communicating with its Shareholders. To assist us with keeping you informed either submit the online form or download the printable version and email back to us.

Download ‘Update Contact Details’ Form

    Panui

    Panui August 2024 Otakanini Topu Quarterly Panui – April 2024

    As of end of financial year 2024, Ōtakanini Tōpū Incorporation had 718 shareholders, collectively holding 99125 shares.

    The Incorporation lacks current contact information for a portion of shareholders eligible for dividends. As of 10/10/2024, current addresses are on record for only 19% of Ōtakanini Tōpū’s shareholders. Consequently, contact details for 81% of shareholders are unavailable.

    Despite concerted efforts to obtain up-to-date contact details, the unclaimed dividend putea continues to accumulate annually. As of end of financial year 2024, the total unclaimed dividend amount for Ōtakanini Tōpū stands at $709,450.00.

    Current shareholders are urged to update their details by clicking on the following link https://www.otakaninitopu.co.nz/for-shareholders/. Additionally, individuals whose names are on the unclaimed dividend list below or descendants of those listed are encouraged to email at admin@otakaninitopu.co.nz to request an unclaimed dividends.

    Unclaimed Dividends List Website 2024

    http://www.otakaninitopu.co.nz/wp-content/uploads/2024/10/Unclaimed-Dividends-List-Website-2024.pdf

    Nga Whenua Rahui by Harry Broad

    Download Nga Whenua Rahui by Harry Broad

    Ballance Farm Awards 06/04/2016

    Kaipara Harbour Rescue 23/06/2014

    One of our most important but overlooked harbours is at risk of drowning in a sea of mud. But, as Geoff Cumming learns, a partnership approach is beginning to stem the tide. Read full NZ Herald article here.

    Shares Information

    Download a printable Share Transfer Form – click here

    To email the form to us download editable file below and email it to admin@otakaninitopu.co.nz.

    Download e-mailable form – Share Transfer Form –  to save file to your computer right-click  and click ‘Save Link As’

    The Committee of Management make every effort to complete the Share Transfer process within 14 working days.

    Share Process Chart

    Successions

    The Māori Land Court, responsible for administering the Te Ture Whenua 1993 handles all Succession applications for deceased estates, even in cases where a Will exists. The Ōtakanini Tōpū issues Share Certificates that can aid in the application process.

    The Otakanini Topu cannot interfere in the Court Process or distribute dividends until it receives the Court Order confirming the succession of the estate. Succession applications must be submitted directly to the Maori Land Court, not to the Otakanini Topu. Upon receiving the application, the Court may seek information from the Tōpū to assist in the decision-making process.

    If a Succession Order omits the shareholding in Ōtakanini Tōpū for an estate already succeeded to, a Further Interest Succession application with the Māori Land Court is necessary to include these interests.

    The Ōtakanini Tōpū will adjust the Share Register and disburse dividends only upon receiving the Succession Court Order, bearing the Maori Land Court Seal.

    For simplicity, the Ōtakanini Tōpū Committee of Management recommends a minimum of 5 whole shares and suggests exploring alternative ways, such as family trusts, to hold shares to avoid fragmentation below that threshold.

    This information serves as a guide, and any inquiries about Succession, Whanau Trusts, or the processes outlined in Te Ture Whenua 1993 should be directed to the Māori Land Court.

    Shareholder Events, Opportunities & Information

    Shepherd General (Junior) Position

    UPDATE ON MARINE AND COASTAL AREA (MACA) CLAIM

     

    Background

    Marine and Coastal Area (Takutai Moana) Act

    The Act came into force in 2011.

    The purpose of the Act is to:

    1. a) “establish a durable scheme to ensure the protection of the legitimate interests of all New Zealanders in the marine and coastal area [a.k.a. foreshore and seabed] of New Zealand;
    2. b) recognise the mana tuku iho exercised in the marine and coastal area by iwi, hapū, and whānau as tangata whenua;
    3. c) provide for the exercise of customary interests in the common marine and coastal area (CMCA); and
    4. d) acknowledge the Treaty of Waitangi (te Tiriti o Waitangi).”

    The Act repeals the Foreshore and Seabed Act 2004 and restores the customary interests extinguished by that Act.

    What does the Act do?

    • “Creates a common space in the marine and coastal area (the CMCA) that cannot

    be owned by anyone and therefore cannot be sold.

    • Provides legal recognition and protection of customary interests in the CMCA,

    through protected customary rights (PCRs) and customary marine title (CMT).

    • Examples of PCRs might include the launching of waka, the removal of material such as sand, shingle, pumice, mud and hāngi stones, non-commercial aquaculture, and non-commercial customary fishing for species that are not subject to a Treaty of Waitangi settlement
    • Provides that local authorities are prohibited from granting a resource consent for

    an activity that will, or is likely to, have more than minor adverse effects on the

    exercise of a PCR (with some exceptions) unless the PCR group gives its

    approval.

    • Provides that the rights conferred by CMT include the right to give or decline

    permission for activities being carried out under a resource consent in a CMT

    area (with some exceptions) and the right of CMT groups to create a planning

    document.

    • Provides that the exercise of rights associated with CMT and PCR cannot limit or

    affect:

    • resource consents in place at the commencement of the Act;
    • any activities that can be lawfully undertaken without resource consent or

    other authorisation (except in a wāhi tapu area – see below);

    • resource consents for emergency activities;
    • future coastal permits to allow existing aquaculture activities to continue

    on the same site; and

    • in the case of CMT, activities in the national and regional interest such as

    certain future infrastructure and regional council research and monitoring.

    • Creates two pathways for establishing legal recognition of PCR and CMT: in the

    High Court or via a recognition agreement directly with the Crown.

    • Provides for public rights of free access, fishing and navigation to coexist with

    CMT, except in wāhi tapu areas (defined areas of significance to CMT holders,

    such as burial grounds).”

    Ōtakanini Tōpū’s application under the Act

    The Act was discussed at previous AGMs and accordingly in 2017 the Tōpū made an application to the High Court for recognition of its protected customary right and customary marine title – to both the western and eastern coastal marine areas associated with the property.

    Where things were at by the 2021 AGM

    There are multiple over-lapping claims that include the coastal marine areas associated with the Tōpū.  Of the overlapping claims there are applications by other groups who share whakapapa links to the members of the Tōpu, such as Te Rūnanga o Ngāti Whatua, (an application in the name of) Te Taoū and Ngā Maunga Whakahī o Kaipara. The Tōpū has been in communication with these three groups regarding our claims.

    There are also over-lapping claims from ‘non-affiliated’ groups, such as Ngāpuhi.

    Mandate

    The Crown requires that:

    • “the representative person or entity have a mandate, from the iwi, hapū or whānau they purport to represent, to engage with the Crown for recognition of customary marine title and protected customary rights under section 95 of the Act;
    • a fair, open and transparent process has been undertaken to secure that mandate;

    and

    • the mandated representative person or entity will be accountable to the applicant

    group.”

    Although the Tōpū’s Committee of Management is obviously elected by shareholders to represent them and is accountable to them, there may be a mandate issue in that the Tōpū is not a traditional “iwi, hapū or whānau” as described by the Crown. Having said that, nor are the Rūnanga or Ngā Maunga Whakahī o Kaipara (a ‘post-settlement entity’). Te Taoū is a hapū but the application in that name will have to prove its mandate to represent Te Taoū.

    Likewise the Tōpū, Rūnanga and Ngā Maunga Whakahī may all have issues with the definition of customary marine rights:

    * “has been exercised since 1840; and

    * continues to be exercised in a particular part of the common marine and coastal area in accordance with tikanga by the applicant group, whether it continues to be exercised in exactly the same or a similar way, or evolves over time”

    Funding to proceed with the Tōpū’s claim

    In preparation to research and assemble the evidence for its claim under the Act, the Tōpū applied for Crown funding in the order of $200 000. This would also cover legal support. If the Tōpū was successful in receiving this funding, then it could appoint someone to manage the claim. If it was unsuccessful, then the full monetary and time cost to do so would fall on the Tōpū itself – which would be a major financial impact and distraction from the core farming and forestry activity of the incorporation.

    Pros and cons of pursuing a claim

    Pros

    Securing customary marine title and protected customary rights adds another layer of control for the Tōpū over its coastal land and associated waters and resources, eg:

    • “Provides that local authorities are prohibited from granting a resource consent for

    an activity that will, or is likely to, have more than minor adverse effects on the

    exercise of a PCR (with some exceptions) unless the PCR group gives its

    approval.

    • Provides that the rights conferred by CMT include the right to give or decline

    permission for activities being carried out under a resource consent in a CMT

    area (with some exceptions) and the right of CMT groups to create a planning

    document.”

    If the Tōpū doesn’t secure this control, then another organisation (eg. the Rūnanga or Ngā Maunga Whakahī o Kaipara – or even a group affiliated with another iwi) likely will. This could, for example, mean that it is able to restrict the Tōpū from gaining or exercising resource consent to undertake activities in its own coastal marine area.

    Cons

    • There is a time and financial cost to pursuing a claim (note – this would be largely negated for the Tōpū if Crown funding is received)
    • There could be conflict with over-lapping claimants (note – if the Tōpū doesn’t gain CMT or PCRs, then there may be future conflict anyway if a group that has looks to restrict the Tōpū’s activities in the property’s coastal marine area)

     

    Discussion and proposed resolution for the 2021 AGM

    The Committee of Management sought input from shareholders about the Tōpū’s MACA claim, particularly:

    • Did shareholders still think it is worth pursuing?
    • Did shareholders think the Tōpū is the best organisation to represent their interests in the coastal marine area associated with the Tōpū, or is it a different body (eg. the Rūnanga, Ngā Maunga Whakahī o Kaipara or ‘Te Taoū’)?
    • If the Tōpū failed to secure Crown funding, would shareholders still expect the Committee of Management to pursue a claim?

    These matters were discussed at the 2021 AGM and the Committee of Management proposed the following resolution:

    “The shareholders of the Ōtakanini Tōpū resolve that the Committee of Management, if successful in receiving Crown funding, pursue the Tōpū’s claim for protected customary rights and customary marine title, in the best interests of the incorporation and its shareholders.”

    This resolution was not passed by the shareholders in attendance.

    Developments in 2022

    After the 2021 AGM, the application (already made) for Crown funding to support the Tōpū’s claim for protected customary rights and customary marine title, was approved and up to $342 000 (substantially more than actually requested) was confirmed as available to the Tōpū.

    A number of shareholders approached the Committee of Management and stated that they didn’t fully understand the MACA claim when it was discussed at the 2021 AGM and, in hindsight, would have voted differently on the resolution put forward if they had.

    The Committee of Management (CoM) still believed that it was in the Tōpū’s best interest to pursue its own claim.

    Therefore the CoM asked that the Tōpū’s MACA claim be revisited and discussed at the 2022 AGM and re-proposed that:

    “The shareholders of the Ōtakanini Tōpū resolve that the Committee of Management pursues the Tōpū’s claim for protected customary rights and customary marine title, in the best interests of the incorporation and its shareholders.”

    This resolution was passed.