Kia ora, Kia Ora This is the Niao letter of reply, to the NTST Trustees letter of reply - The Trustees Ngati Tuwharetoa Bay of Plenty Settlement Trust PO Box 334 KAWERAU Kia ora koutou katoa Re: Your letter dated 17th July 2013. Thank you for your letter. It is now clear to me that you do not wish to meet, as I requested. However, that means we are now in a better position to determine best remedial options. My immediate response is to now lay criminal charges against NTGA and NTST, which also directly involves, Rae Beverley Adlam, Robert Shuster and Pat Brown, for alleged fraud and theft of KA24 geothermal well between May and September 2005, by which Ms Adlam, subsequently, profited $10 million. Ms Adlam, Robert Shuster and Pat Brown allegedly committed this fraud and theft as mandated representative of NTGA and NTST, (not in her capacity as my whanau member as you state in your reply letter), in breach of trust of the terms and conditions of a Sale and Purchase Agreement dated 30th May 2005. It was the fiduciary duty of the 2005 NTST Trustees, and the lawful obligation of the two 2005 NTGA Directors, to safeguard the interests of the rightful owner of the KA24 geothermal well under the terms and conditions of that Sale and Purchase Agreement dated 30th May 2005, between Mighty River Power and NTGA. Both Ms Adlam and Robert Shuster were signatories to that Agreement, while acting for NTGA. Ms Adlam was also Chairperson and Trustee, and Robert Shuster was Trustee, of NTST, when they signed that Agreement. Without the KA24 geothermal well, Ms Adlam would not have been able to build her power plant from which her $10million personal profit is derived. In fact, Ms Adlam was dealing with KA24 well as her personal property long before she imposed an unfair lease agreement dated 31st May 2006, (which has now been forcibly reviewed) – 12 months after the alleged fraud and theft of KA24 geothermal well. Fortunately, half of her personal profit is locked in escrow by the new owner of the company she sold, Geothermal Developments Limited, but she still owns the money held in escrow. I allege it is stolen money from the proceeds of crime, which, was enabled by her acquisition of KA24 geothermal well by alleged fraud and theft by NTGA and NTST, in breach of trust. I object to her ownership of profit from the proceeds of crime and I will do what I can to seek full justice for the alleged criminal manner in which Ms Adlam, in very obvious conflict of interests circumstances, fraudulently acquired KA24 geothermal well through NTGA and NTST, after which she made a personal profit of $10 million. In addition she received other payments amounting to millions of dollars in respect of development of KA24 geothermal well. This tells me that the NTST Trustees and NTGA Directors, by acting in breach of trust, failed to protect my interests and safety as Trustee of the Ahu Whenua Land Trust which is the rightful owner of the KA24 geothermal well. Both NTGA and NTST continue to deny involvement in this alleged fraud and theft, which leaves me no option but to lay criminal charges. As Trustee of that rightful owner I have fiduciary obligations to the beneficiaries of that Trust. I stand accused of failing in those duties because of the actions of NTST and NTGA in failing to HONOUR the terms and conditions of the Sale and Purchase Agreement dated 30th May 2005, by serious breach of trust. I will be claiming that I was not given notice of that fraud and theft. Not until 2009 to 2011, after copy of the Sale and Purchase Agreement, and other material, was it brought to my attention. Ms Adlam is adept at delaying detection of her questionable and manipulative management style due to her absolute refusal to provide information. DENIAL OF INFORMATION is her number one disempowerment of victims tool, hence the delays in early detection of criminal behaviours. One has to conduct independent thorough research to establish full facts. NTGA and NTST have forced my hand to conduct such research because I must also defend my fiduciary obligations as Trustee of the rightful owner of KA24 geothermal well. In your reply letter you refer to breach of confidentiality concerning that S&P Agreement, so, I encourage you to establish whether or not my having it sent to me, personally, (not my wife), was criminal intent on my part. I am satisfied I have not committed any crime in having it voluntarily sent to me. You are free to investigate how I was sent copy of that S&P Agreement – perhaps, you may wish to consider laying counter criminal charges, or civil claims. I note that on page one of the S&P Agreement, under the heading BACKGROUND, part C, it states “The purchaser is a company indirectly wholly owned by the Settlement Trust.” Therefore, my Police complaint alleging fraud and theft by both NTGA and NTST is justified. The alleged fraud and theft of KA24 geothermal well by NTGA and NTST was not argued in the Maori Land Court proceedings last year, so I am treating it as a separate issue to those proceedings. For the benefit of beneficiaries of both NTST, and the 39A 2B 2B 2A Ahu Whenua Land Trust (as rightful owner of KA24 geothermal well), it is important that a Police complaint is issued to establish the full extent of questionable practices. Having received your response I will be notifying the local press, and Winston Peters, of my decision, to lay criminal charges. Due process and due diligence will be duly conducted, therefore, Police contact with NTST and NTGA may not occur immediately. I am satisfied that I have adequately provided you opportunity for “kanohi ki te kanohi” remedial consultation. Please be mindful that it was my first cousin, Rae Beverley Adlam, who took it upon herself as NTGA Chairperson and Director, and NTST Chairperson and Trustee, to use the iwi as the conduit to deny her whanau of its wealth generating asset, for her huge personal benefit. Obviously, NTGA and NTST failed to engage RISKS MANAGEMENT CONTROL for prevention of criminal acts, such as what has occurred with alleged fraud and theft of KA24 well for the personal profit of the Chairperson and Director of NTGA, who was also the Chairperson and Trustee of NTST at the time the alleged fraud and theft occurred. Ms Adlam blaming my wife for her own, obviously greed motivated misdemeanours, is to detract attention from the real issues. The real issue is, she is the key person in serious allegations of – 1. Fraud and theft, in her capacity of NTST Chairperson and Trustee, and NTGA Chairperson and Director; 2. Manipulating divisiveness between iwi and whanau, and vice versa, then blaming those who seek full justice of her deceit, as acting divisively; 3. Abuse of powers as Trustee, Director, Chairperson and Treaty historic grievance claims Chief negotiator; I remind Ms Adlam that it was me, Lawrence Niao, who took her to Court in 2008, to successfully take from her, stolen Trust-owned money of $20 thousand a month gross, which, remains under Court injunction. Ms Adlam had the benefit of that income from 1994 to 2008. This issuing notice to NTGA and NTST is a continuation of my effort to uncover the full extent of abuse of her whanau members, and those whom she INVOLVED, including NTST and NTGA, in her intricate web of deceit. While she may presently enjoy the proceeds of her dishonesty, self-inflicted consequences are inevitable. I am satisfied that I, personally, provided very generous opportunity for Ms Adlam to engage in MEANINGFUL in-house resolution, which, because of her contemptuous attitude, ended in unsuccessful breakdown. She has forced my hand to defend my fiduciary obligations, and so have NTST and NTGA which acted in breach of trust to deny me, as Trustee of the rightful owner of KA24 geothermal well, fair and just opportunity to protect the interests of the beneficiaries I represent. To say to me that this is purely a whanau matter will not absolve NTGA and NTST involvement in this alleged fraud and theft of KA24 geothermal well. Your Solicitor, Mr. Harford, could advise you accordingly, as he obviously advised you in writing your reply to me. The Sale and Purchase Agreement dated 30th May 2013 clearly spells out who the parties to that Agreement are – my whanau are NOT party to it. As Trustee of the rightful owner, I was never notified of the transfer of KA24 geothermal well in breach of trust of the terms and conditions of the S&P Agreement – all my findings are outcomes of independent thorough research I was forced to conduct, to defend my fiduciary duty, because Ms Adlam intentionally DENIED ALL information. Please acknowledge your receipt of this letter. Na Lawrence Niao Beneficiary by whakapapa of NTST Trustee of 39A 2B 2B 2A Ahu Whenua Land Trust (and also acting for and on behalf of other beneficiaries of both of the above). Unfortunately, we cannot put a happy ending to this saga. Kia pai ta koutou ra. Ma te wa!
Posted on: Sun, 04 Aug 2013 16:26:05 +0000
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