MARUTŪĀHU WORKING GROUP - HAURAKI MĀORI TRUST BOARD JOINT NEGOTIATION DESK TERMS OF REFERENCE MEMBERSHIP

1. The Marutūāhu and Allied Pare Hauraki Iwi Working Group ("MWG") and Hauraki Māori Trust Board ("HMTB") Joint Negotiation Desk will comprise:

• Four MWG representatives.
• Four HMTB representatives.

2. The appointment, and any replacement, of each set of representatives will be undertaken in accordance with the respective MWG and HMTB processes.

MEETINGS

3. All Joint Negotiation Desk meetings must comply with the following processes:

• Notice:
• A Joint Negotiation Desk meeting can be called by either:
• The four MWG representatives; and / or
• The four HMTB representatives.
• Each Joint Negotiation Desk member must receive written notice, including by email, of any meeting at least seven clear calendar days before the meeting, unless all eight members agree to waive this requirement.
• For the avoidance of doubt, neither the date of receipt of the meeting notice nor the date of the meeting itself will be included in the calculation of the ‘seven clear calendar day’ period.
• The written notice will clearly set out the matters to be discussed and decided at the meeting.
• Quorum - The quorum will be a minimum of three of the four MWG representatives and three of the four HMTB representatives.
• Chair – The chair for Joint Negotiation Desk meetings will rotate as between the MWG and HMTB representatives.
• Minutes – unless agreed otherwise, the keeping of Joint Negotiation Desk meeting minutes will rotate as between the MWG and HMTB representatives.

DECISION-MAKING

4. No resolution will be carried at a Joint Negotiation Desk meeting unless the subject matter of the resolution is contained in the written notice for that meeting.

5. Voting at any Joint Negotiation Desk meeting must comply with the following process:

(a) One vote will be cast by the MWG representatives. (b) One vote will be cast by the HMTB representatives.

6. Any decision at a Joint Negotiation Desk meeting will only be carried by a unanimous vote. For the avoidance of doubt, this means that the one MWG representatives' vote and the one HMTB representatives' vote must be in favour of a proposed decision in order for it to be carried.

7. If a unanimous vote is not cast, the Joint Negotiation Desk members wil agree a process for resolving the dispute.

GOVERNANCE

8. It is acknowledged that the MWG and HMTB will provide guidance and support to their respective Joint Negotiation Desk representatives.

DATED August 2009 For Marutūāhu Working Group For Hauraki Māori Trust Board ________________________________________________________________________