Executive Summary - Nereides Trust vs The Tauranga Marina Society.

11/08/2026

In response to Herald/BOP Times article 29 July 2026 - to set the record straight.

Key Issues Raised 

The Plaintiffs (the Nereides Trust) allege Tauranga City Council is the lawful owner of the marina assets and permits, that an attempted TCC transfer of the floating assets to the Tauranga Marina Society (TMS) was unlawful, and that the TMS has assumed ownership and is acting beyond its authority in the management and trading of berths and licences. 

Financial and Governance Concerns 

The Trust alleges maintenance funds were used for purposes not permitted under the Management Agreement (2018), that the maintenance fund reserves have been expended unlawfully and not saved as required, and payments have been made to departing members that allegedly constitute unlawful financial gain. 

Legal Proceedings 

The Court has stated that the Judicial Review and Liquidation proceedings remain active, and that a strike-out application against the Liquidation proceedings by the TMS was dismissed on July 8^th, 2026, in the Tauranga High Court. 

The consequential delays caused by these blocking tactics have allowed the disputed practices by the TMS to continue with significant legal fees accruing against Society members and TCC ratepayers.

Marina Rebuild and Accounting 

Questions have been consistently raised about the $18 million marina rebuild program, including about the ownership of the floating assets, their absence from the Society accounts and records including the accounting treatment of expenditure and the Societies GST obligations. There is no record of the Society paying up to $3m in GST on the recently declared $18m expenditure, raising the question about this liability and who has returned the GST?

Transparency and Management 

Concerns exist regarding management transparency, communication with members, overall financial reporting, the use of society funds for legal costs and the departure of the General Manager under a confidentiality agreement that has not been formally declared to members.

Berth Licensing and Allocation 

The Trust argues that berth licences were historically non-tradable and alleges that waiting-list procedures have been bypassed, berth interests commercialised, and substantial funds used to acquire berths for which there is no public record.

Overall Position 

The Trust proposes that the TMS has operated outside its lawful authority, improperly managed assets and funds, failed to adequately account for redevelopment expenditure, and has exposed the Society to significant legal and financial risks, including probable liquidation. 

Reply to NZME.pdf

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