Michael Stiassny complained about potential conflicts of interest. Photo / Jason Oxenham
Eke Panuku chair Paul Majurey may think he’s escaped a PricewaterhouseCoopers report into the management and conflicts of the council-controlled organisation, but that’s only the start.
Stiassny and Majurey both claimed wins from the PwC report, which was commissioned by the Auckland Council in June after complaints from Ngāti Whātu Ōrakei Whai Rawa about conflicts of interest on the Eke Panuku board over the awarding of a contract in Avondale.
“The report clearly demonstrates that Ngāti Whātua Ōrākei Whai Rawa was right to raise serious concerns about the management of conflicts of interest by the board of Eke Panuku earlier this year,” said Stiassny, who chairs Ngāti Whātua Ōrākei Whai Rawa Ltd board.
The PwC report found that conflict of interest procedures at Eke Panuku are inadequate. The report made a series of recommendations for improvement including that the council considers setting a minimum number of independent directors, appointing an independent chairperson and placing limits on the extent of the business relationships board members may have with Eke Panuku.
The council-controlled organisation (CCO) manages $2.4 billion of property and promotes urban regeneration in the city.
“We welcome the findings and note that the report shows no evidence of conflicts of interest or individual benefits,” Eke Panuku said in a statement.
“We note the suggestions for the council to consider the board appointment settings. We look forward to working with the council on next steps once recommendations have been made to the appropriate council committees.”
But deputy chair of Ngāti Whātua Ōrakei - the tribal wing of the Iwi - Ngarimu Blair said there were other issues around Majurey and the power he has over the council-mandated Independent Māori Statutory Board.
“I welcome the PwC report and noted Ngāti Whātua Ōrakei have also consistently raised with council conflict issues with the Independent Māori Statutory Board selection process,” Blair told the Herald.
“Council contracts a third party to oversee what is meant to be a transparent and robust selection process. The contracted party is also an iwi leader and lawyer who is currently in legal battles with us over mana whenua issues in central Auckland.
The final straw for Blair was the selection process of IMSB members.
“The IMSB has met and elected positions without three iwi taking their rightful place including Ngati Whatua,” Blair said.
“This is most distressing to our people whose land Auckland City was developed from. We call on the council to implement the PwC investigation recommendations with haste and in light of this report seriously consider our complaints about the IMSB selection process.”
Last month the Herald revealed just one day after announcing the reappointment of David Taipari as the chair and Tau Henare deputy, the appointment process and selection of Independent Māori Statutory Board members will be challenged in court.
Blair confirmed at least three legal disputes will be lodged over the IMSB selection process and possible conflicts of interest.
The Independent Māori Statutory Board, according to its web page, is an independent body of nine members based in Auckland. The board has specific responsibilities and powers under the Local Government (Auckland Council) Act 2009 to promote issues of significance to Māori to the Auckland Council.
Two IMSB members sit with voting rights on each of the council’s committees that deal with the management and stewardship of natural and physical resources. The IMSB also provides direction and guidance to the Auckland Council and the Mayor’s office on issues affecting Māori to help improve council responsiveness to Māori.
A source said the disputes are centred around the selection of the seven members who represent mana whenua and two members representing mātāwaka - Māori living in the Auckland rohe who are not mana whenua.
A candidate nominated on behalf of mātāwaka was declined because the selection panel said he had whakapapa to Ngāti Whatua. He was disqualified, despite never holding a position within that iwi and actually applying for a seat on behalf of Urban Māori.
Members also had concerns over the election processes, which were administered by Majurey’s legal firm.
Majurey is the lawyer and Treaty negotiator for the Marutūāhu group, which also has two seats on the IMSB.
This is not the first time the IMSB has been taken to court by Urban Māori.
In 2013 when the now Māori Development Minister Willie Jackson was not chosen as one of the Auckland Independent Maori Statutory Board’s two mātāwaka (urban) representatives, Urban Māori lodged court proceedings and won.