Tamihere takes Waipareira fight to court

John Tamihere may have lost his Labour seat in the general election but in the High Court at Auckland yesterday he was determined not to lose a second one.

The outspoken former Cabinet minister filed for an interim injunction against members of the Waipareira Trust Board after his apparent election to the board on November 23 that was followed by a letter two days later saying he was unsuccessful.

At the trust's annual meeting on November 23 he was among seven new members elected to what was believed to be a 15-member board.

But the existing seven members say they changed the board numbers, resolving to have nine elected members and one representative of Ngati Whatua.

At the meeting they say they also tried to adopt a clause excluding any candidates who had previously brought the board into disrepute, which was passed but left to lie on the table.

In court yesterday Mr Tamihere's lawyer, Paul Dale, said cynics could suggest the clause was "veiled" to reflect Mr Tamihere.

The former MP was accused but cleared by the Serious Fraud Office of wrongdoing while he was chief executive of the trust.

Mr Dale said there was not a shred of evidence that Mr Tamihere, or four other candidates who had been told they were unsuccessful, fell into the category.

The lawyer said Mr Tamihere and the other members thought they had been elected to the board by the trust whanau, but within two days existing members made a unilateral decision to appoint two people to make up the 10-member board.

"The difficulties are driven by the personalities, not the rules."

Outside court, Mr Tamihere said he would fight to be on the board of the trust he set up.

The lawyer for the existing board members, Mai Chen, said that under the law the trust had powers to change the rules and appoint who it wanted to the board.

She said the trust deed was poorly drafted but the nature of how it was set up, while clearly unpopular with some whanau members, meant it was less democratic.

If the injunction was granted and Mr Tamihere was allowed back, it would create a "hostile environment", she said.

The board had been "dysfunctional and unable to operate in the past".

Justice Paul Heath said that whatever the ruling, it was going to "be difficult for these people to work together".

"There is antipathy clearly between a number of people. I'm not going to comment on who's right and who's wrong. I'll think we'll leave it there." He is expected to give a reserved decision next week.

John Tamihere

Waipareira CEO 1991-1999, when the trust grow from an organisation worth about $1 million to a multi-service entity with more than $12 million in assets.

Resigned to enter Parliament.

In July last year he attacked the trust's management and board, alleging financial mismanagement.

An audit of the trust was ordered. Terms of reference were extended to include Mr Tamihere's time as chief executive.

In October, Mr Tamihere was stood down from the Cabinet after it was revealed he was paid an untaxed $195,000 "golden handshake".

Won a seat on the trust board at elections on November 23.