New Plymouth District Council (Waitara Lands Act 2018) - Appointments to The Board

The New Plymouth District Council (Waitara Lands) Act 2018 came into force on 17 March 2019.

Among other things the Act established a co-governance board (“the Board”) that administers the distribution of funding from the Waitara Perpetual Community Fund.  Board members are appointed by New Plymouth District Council and Te Kōwhatu Tū Moana (representing Otaraua and Manukorihi hapū).   

New Plymouth District Council has the ability to appoint three representatives to the Board.  In addition, the Council may appoint one or more alternate members.  Alternate members will participate in meetings when a Board member is absent or a vacancy has arisen.  The initial members must be appointed by 17 June 2019.

The purpose of the fund

The Fund is comprised of all accumulated and future income allocated to the Council from the Waitara Endowment Land.  The fund must be administered for the purpose of benefiting the Waitara community or any part of the Waitara community by the scheme of annual releases set out in the Act. 

The functions and powers of the Board 

The intial activities for the Board will be:

  • Making recommendations to the Council on:
  • The Council’s investment policy for the Waitara Perpetual Community Fund.
  • The policy for determining the amount of annual releases from the Waitara Perpetual Fund
  • Assessment of the issues of importance to the Waitara community or a part of the Waitara community (including social, economic, cultural and environmental issues

In the longer term, the Board will determine distributions from the annual release from the Waitara Perpetual Community Fund for each financial year.  The initial amounts for distribution will likely be quite small, but over time is expected to be over $1m each financial year.

What skills are we looking for?

The Council will be taking into account the need for Board members to collectively possess the skills, knowledge, and experience, and the understanding of the Waitara community that are relevant to the purpose and functions of the Board.  

The desired skill mix includes appointees with:

  • A passion for Waitara and a great understanding of the Waitara Community      
  • Financial acumen
  • Strategic thinking
  • Expertise and knowledge in governance, administration and/or application of legislation 
  • A proven ability to build and maintain a network of relationships
  • A sense of cultural awareness and understanding.

Obligations regarding Board appointees 

The Act sets limitations on Board appointees.  A person cannot be appointed a member if they: 

  • Are prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Companies Act 1993, the Financial Markets Conduct Act 2013, or the Takeovers Act 1993: 
  • Are person in respect of whom an order has been made under section 10, 11, 12, or 31 of the Protection of Personal and Property Rights Act 1988 that reflects adversely on the person’s—

(i)         Competence to manage his or her own affairs in relation to his or her property; or 

(ii)        Capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare:

  • Have been convicted of an offence punishable by imprisonment for a term of 2 years or more or of a crime involving dishonesty (within the meaning of the Crimes Act 1961), or has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person:
  • Have been declared bankrupt and not discharged
  • Have been removed from office as a trustee by a court at any time during the 10 years before the member’s appointment to the Board or during the member’s term

Frequency of meetings

Initially, the Board is expected to meet monthly or six-weekly.  The meeting frequency is likely to decrease once the necessary policies and processes are in place.  

Remuneration

Board members are entitled to receive remuneration for their services.  New Plymouth District Council will set the appropriate remuneration rate(s) after discussion with the Board members (once appointed).  Remuneration and board expenses are paid from the Waitara Perptual Community Fund.

How to express an interest in being appointed to the Board

If you would like to express an interest in being appointed to the Board you need to:

  1. Complete the Expression of Interest form (click here).
  2. Email any supporting information (such as your CV and/or a pen portrait) to julie.straka@npdc.govt.nz 

Expressions of interest must be received by 5pm on Friday 17 May 2019