Ngati Rarua-Atiawa Iwi Trust Empowering Act 1993
Reprint
as at 29 September 1993
Ngati Rarua-Atiawa Iwi Trust Empowering Act 1993
| Private Act | 1993 No 4 |
| Date of assent | 28 September 1993 |
| Commencement | see section 1(2) |
Note
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
Contents
1 Short Title and commencement
3 Extension of objects of trust
5 Vesting of property of Board in trustees, etc
6 Actions, etc, by or against Board not to abate
7 Taxation and duties provisions
9 Saving as to further entitlements
10 Review of trustees' decisions as to beneficiaries
11 Vesting of assets of permanent trusts
12 Actions, etc, by or against Board not to abate
13 Taxation and duties provisions
15 Dissolution of Whakarewa School Trust Board
Schedule 1
Land subject of Crown grants
Schedule 2
Names of original Maori owners of land subject of Crown grants
An Act to give effect to a resolution by the Nelson Diocesan Synod of the Anglican Church to vest the assets of the Whakarewa School Trust Board in a trust for the descendants of the original Maori owners from whom the said assets were acquired and to make consequential provisions to enable the dissolution of the Whakarewa School Trust Board
-
Preamble
Whereas—
(a) certain land described in Schedule 1 was purported to be the subject of Crown grants dated 25 July 1853 and 4 August 1853, containing respectively 660 acres or thereabouts, and 418 acres 10 perches or thereabouts, such grants having been made to the then Bishop of New Zealand of the Anglican Church for the purposes of establishing a school for the education of children of all races and of children of other poor and destitute persons, being inhabitants of islands in the Pacific Ocean, and for the support of that school so long as religious education, industrial training, and instruction in the English language was given to the youth educated at that school:
(b) no school has ever been erected on the said land but a school has operated intermittently supported by income earned from the said land, and no such school has operated at all since last century:
(c) the Whakarewa School Trust Board is an Anglican Church Trust incorporated in 1907 under the Religious, Charitable, and Educational Trust Boards Incorporation Act 1884 with the spelling of Wakarewa School Trust Board and administers (pursuant to the terms of the trusts established by the said Crown grants dated 25 July 1853 and 4 August 1853) the original land assets, particularly located at Whakarewa, but also other land assets and bequests acquired by the Anglican Church or the Whakarewa School Trust Board subsequent to the said grants in the Nelson and Motueka districts:
(d) the Synod of the Diocese of Nelson of The Anglican Church in Aotearoa, New Zealand and Polynesia accepts that, particularly having regard to the principles embodied in the Treaty of Waitangi, it is now just and desirable to vest the land and certain other assets derived from the land in a charitable trust for the benefit of the descendants of the original Maori owners of the said land:
(e) the original owners were established by Land Commissioner Spain in 1845 to be members of the Ngati Rarua and Te Atiawa manawhenua ki Motueka iwi and the full names of the then Maori owners were in judgments of the Maori Land Court delivered in 1892 and 1893 as set forth in Schedule 2:
(f) the descendants of the said original owners desire that the terms of the charitable trust to be created should be broader than the trust objects contained in the Anglican Church Trusts Act 1981:
(g) there is no power to alter the objects of the said trust to a wider extent than those contained in the Anglican Church Trusts Act 1981 and it is impracticable and inexpedient for the trustees to apply to the High Court of New Zealand for a variation of the objects of the trust as aforesaid:
(h) there is no power in terms of the Anglican Church Trusts Act 1981 for a scheme of arrangement to provide for a transfer of the other significant assets as distinct from the land only of the Whakarewa School Trust Board to a trust to be known as the Ngati Rarua-Atiawa Iwi Trust as set forth in Schedule 3 for the benefit of the descendants of the original Maori owners:
(i) there are funds available to or held by the Whakarewa School Trust Board as referred to in Schedule 4, which funds were given to the Whakarewa School Trust Board after 1853 and are separate and distinct from the land and other assets to be vested in the new trust for the descendants of the original owners, and further it is desired to vest such funds in the Nelson Diocesan Trust Board for charitable purposes:
(j) it is desired to dissolve the Whakarewa School Trust Board consequent upon the passing of this Act:
(k) the objects of this Act cannot be attained otherwise than by legislation.
Be it therefore enacted by the Parliament of New Zealand as follows:
1 Short Title and commencement
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(1) This Act may be cited as the Ngati Rarua-Atiawa Iwi Trust Empowering Act 1993.
(2) This Act shall come into force on 1 October 1993.
2 Interpretation
In this Act, unless the context otherwise requires—
beneficiaries means the descendants of the persons named in Schedule 2
Board means the Whakarewa School Trust Board (also spelt, particularly on titles, as Wakarewa School Trust Board)
Crown grants means the 2 grants referred to in paragraph (a) of the Preamble
descendants means the descendants of the persons named in Schedule 2
permanent trusts means the trusts listed in Schedule 4
Trust means the Ngati Rarua-Atiawa Iwi Trust
trust deed means the deed of trust dated 7 May 1993 set out in Schedule 3
trustees means the trustees for the time being of the Ngati Rarua-Atiawa Iwi Trust.
3 Extension of objects of trust
Notwithstanding anything in the trust deed or the provisions of the Anglican Church Trusts Act 1981, the objects of the trust shall be deemed to extend to include any of the following purposes:
(a) the establishment, maintenance, and development of marae:
(b) the training and education of children, adolescents, and all other persons entitled to be considered beneficiaries in the trust:
(c) the provision of housing for elderly, infirm, or handicapped beneficiaries:
(d) the provision of scholarships for beneficiaries for educational, vocational, or sporting purposes:
(e) the provision of support for sporting endeavours or outdoor pursuits for any beneficiaries of the trust:
(f) the advancement of the cultural and economic activities, needs, or aspirations of any of the beneficiaries:
(g) the advancement of Maoritanga amongst the beneficiaries:
(h) the maintenance or improvement of the health, physical or mental, of the beneficiaries:
(i) the provision of grants, donations, koha, and funeral expenses relating to any of the beneficiaries or in a representative capacity on behalf of the beneficiaries:
(j) the relief of poverty and the making of grants or loans towards the relief of indigence or distress among beneficiaries:
(k) the maintenance and improvement of the role of Maori women beneficiaries.
4 Charitable trusts
The trusts declared in the trust deed are declared to be charitable trusts for all purposes at law.
5 Vesting of property of Board in trustees, etc
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(1) Subject to section 11, on the commencement of this section—
(a) all real and personal property belonging to the Board (including the land described in Schedule 1) shall be deemed to have become vested in the trustees:
(b) all money payable to the Board in relation to any such property shall be deemed to have become payable to the trustees:
(c) all liabilities, contracts, and engagements, and all rights, authorities, and duties of any nature whatever, of the Board in relation to any such property shall be deemed to have become liabilities, contracts, engagements, rights, authorities, and duties of the trustees.
(2) Subject to subsection (4), the District Land Registrar of the Nelson Land Registration District, on receiving a written request from the trustees, incorporating a reference to this section, shall make such entries in the registers and on any outstanding documents of title and generally do all such things as may be necessary to give effect to the provisions of subsection (1) in respect of land and interests in land specified in the request.
(3) All references to the Board in any security, deed, testamentary instrument, or other document whatever which is subsisting immediately before the date of commencement of this section, or in any notice or other communication served, given, or sent before, on, or after that date in relation to any such security, deed, instrument, or other document shall, unless the context otherwise requires, be read as references to the trustees.
(4) No Registrar of Deeds or District Land Registrar or any other person charged with the keeping of any books or registers shall be obliged, solely by the provisions of this section, to change the name of the Board to that of the trustees in any books or registers or in any document in his or her charge; but the presentation to any such Registrar or other person of any instrument—
(a) executed or purporting to be executed by the trustees; and
(b) relating to any property held, immediately before the commencement of this section, by the Board; and
(c) containing a recital that the property has become vested in the trustees by virtue of the provisions of this section—
shall, in the absence of proof to the contrary, be sufficient evidence that the property is vested in the trustees.
(5) Except as provided in subsections (3) and (4), nothing in this section shall derogate from the provisions of the Land Transfer Act 1952.
6 Actions, etc, by or against Board not to abate
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(1) This section shall apply to—
(a) any action, arbitration, or proceeding or cause of action, arbitration, or proceeding which, immediately before the date of commencement of this section, was pending or existing, by, against, or in favour of, the Board in relation to any property to which section 5 applies:
(b) any cause of action, arbitration, or proceeding, by, against, or in favour of, the Board arising on or after the date of commencement of this section but arising out of a contract made by the Board before that date in respect of anything done or omitted to be done by the Board before that date in relation to any property to which section 5 applies.
(2) Any action, arbitration, or proceeding and any cause of action, arbitration, or proceeding to which this section applies shall not abate or be discontinued or be in any way prejudicially affected by reason of the provisions of this Act, but the same may be prosecuted and, without amendment of any writ, pleading, or other document, continued and enforced by, against, or in favour of the trustees in their own name as and when it might have been prosecuted, continued, and enforced by, against, or in favour of, the Board if this Act had not been passed.
7 Taxation and duties provisions
The vesting in the trustees, by section 5, of the real and personal property of the Board, and anything done by the Board or the trustees to give effect to such vesting—
(a) shall not, for the purposes of the Goods and Services Tax Act 1985, be treated as a supply of any goods and services:
(b) shall not, for the purposes of the Stamp and Cheque Duties Act 1971, be treated as a conveyance of any property:
(c) shall not, for the purposes of the Estate and Gift Duties Act 1968, be treated as a dutiable gift.
8 Trusts extinguished, etc
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(1) On the vesting in the trustees of the real and personal property of the Board pursuant to section 5—
(a) the trusts upon which the property vested was held by the Board shall be extinguished; and
(b) the property shall be held by the trustees upon the trusts and with the powers declared in the trust deed; and
(c) the Board and its members and the Anglican Church in Aotearoa, New Zealand and Polynesia shall be released and discharged from the obligations and duties imposed on them by the Crown grants or from any liabilities or obligations owed to third persons.
(2) The trustees shall have the power to pay, out of the property referred to in subsection (1), all costs and expenses incurred by the Board and the trustees in connection with the establishment of the trusts declared in the trust deed, the transfer of the property consequent upon the vesting in the trustees, and the promotion of this Act.
9 Saving as to further entitlements
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(1) Notwithstanding anything contained in the trust deed, if, after the date of commencement of this Act, any other hapu or iwi obtains a decision from the Waitangi Tribunal, the Maori Appellate Court, the High Court of New Zealand, or any other court of competent jurisdiction declaring that persons who were members of such hapu or iwi were original owners of the land the subject of the Crown grants, the provisions of the trust deed shall apply mutatis mutandis to any person who is able to illustrate a direct line of descent by Whakapapa from the persons named or identified in any such decision.
(2) The percentages of entitlements as to distribution in the trust deed between the various tribes shall be adjusted to accord with any such decision of the Waitangi Tribunal, the Maori Appellate Court, the High Court of New Zealand, or any other court of competent jurisdiction.
(3) If such a decision is made in favour of any other hapu or iwi, such hapu or iwi shall be entitled to appoint 1 member to the Board appointed under the trust deed; and the provisions as to the term of appointment of Board members shall apply mutatis mutandis to such appointed member.
(4) The provisions of this Act shall not affect the entitlement of any person, hapu, or iwi to bring or continue a claim before the Waitangi Tribunal, the Maori Appellate Court, the High Court of New Zealand, or any other court of competent jurisdiction seeking to have a right or entitlement in respect of the lands the subject of the Crown grants recognised by such tribunal or court.
(5) The provisions of this Act shall not terminate any claim that Ngati Rarua and Te Atiawa manawhenua ki Motueka iwi may now have or may in future make for compensation or other relief to the Waitangi Tribunal against the Crown.
10 Review of trustees' decisions as to beneficiaries
Any decision made by the trustees pursuant to a power contained in the trust deed conferring upon the trustees a decision-making power as to who is to be entitled to be a beneficiary of the trust shall at all times be subject to the review of the High Court of New Zealand on the application of any person affected directly or indirectly by such decision.
11 Vesting of assets of permanent trusts
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(1) On the commencement of this section—
(a) all real and personal property held, administered or owned by the Board on trust for or on behalf of the permanent trusts described in Schedule 4 shall be deemed to have become vested in the Nelson Diocesan Trust Board for the charitable social service purposes of the Diocese of Nelson:
(b) all money payable to the Board in relation to any such property shall be deemed to have become payable to the Nelson Diocesan Trust Board for the charitable social service purposes of the Diocese of Nelson:
(c) all liabilities, contracts, and engagements, and all rights, authorities, and duties of any nature whatever, of the Board in relation to any such property shall be deemed to have become liabilities, contracts, engagements, rights, authorities, and duties of the Nelson Diocesan Trust Board.
(2) Subject to subsection (4), the District Land Registrar of the Nelson Land Registration District, on receiving a written request from the trustees, incorporating a reference to this section, shall make such entries in the registers and on any outstanding documents of title and generally do all such things as may be necessary to give effect to the provisions of subsection (1) in respect of land and interests in land vested by subsection (1) in the Nelson Diocesan Trust Board.
(3) All references to the Board in any security, deed, testamentary instrument, or other document whatever relating to real or personal property vested by subsection (1) in the Nelson Diocesan Trust Board and which is subsisting immediately before the date of commencement of this section, or in any notice or other communication served, given, or sent before, on, or after the date in relation to any such security, deed, testamentary instrument, or other document shall, unless the context otherwise requires, be read as references to the Nelson Diocesan Trust Board.
(4) No Registrar of Deeds or District Land Registrar or any other person charged with the keeping of any books or registers shall be obliged, solely by the provisions of this section, to change the name of the Board to that of the Nelson Diocesan Trust Board in respect of any real or personal property vested in the Nelson Diocesan Trust Board by the provisions of subsection (1) in any books or registers or in any document in his or her charge; but the presentation to any such Registrar or other person of any instrument—
(a) executed or purporting to be executed by the Nelson Diocesan Trust Board; and
(b) relating to any property held, immediately before the commencement of this section, by the Board; and
(c) containing a recital that the property has become vested in the Nelson Diocesan Trust Board by virtue of the provisions of this section—
shall, in the absence of proof to the contrary, be sufficient evidence that the property is vested in the Nelson Diocesan Trust Board.
(5) Except as provided in subsections (3) and (4), nothing in this section shall derogate from the provisions of the Land Transfer Act 1952.
12 Actions, etc, by or against Board not to abate
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(1) This section shall apply to—
(a) any action, arbitration, or proceeding or cause of action, arbitration, or proceeding which, immediately before the date of commencement of this section, was pending or existing, by, against, or in favour of, the Board in relation to any property to which section 11 applies:
(b) any cause of action, arbitration, or proceeding, by, against, or in favour of, the Board arising on or after the date of commencement of this section but arising out of a contract made by the Board before that date in respect of anything done or omitted to be done by the Board before that date in relation to any property to which section 11 applies.
(2) Any action, arbitration, or proceeding and any cause of action, arbitration, or proceeding to which this section applies shall not abate or be discontinued or be in any way prejudicially affected by reason of the provisions of this Act, but the same may be prosecuted and, without amendment of any writ, pleading, or other document, continued and enforced by, against, or in favour of the Nelson Diocesan Trust Board in its own name as and when it might have been prosecuted, continued, and enforced by, against, or in favour of, the Board if this Act had not been passed.
13 Taxation and duties provisions
The vesting in the Nelson Diocesan Trust Board, by section 11, of the real and personal property of the Board vested by section 11, and anything done by the Board or the Nelson Diocesan Trust Board to give effect to such vesting—
(a) shall not, for the purposes of the Goods and Services Tax Act 1985, be treated as a supply of any goods and services:
(b) shall not, for the purposes of the Stamp and Cheque Duties Act 1971, be treated as a conveyance of any property:
(c) shall not, for the purposes of the Estate and Gift Duties Act 1968, be treated as a dutiable gift.
14 Obligations discharged
On the vesting in the Nelson Diocesan Trust Board of the real and personal property of the Board pursuant to section 11, the Anglican Church in Aotearoa, New Zealand and Polynesia and the Board shall be released and discharged from the obligations and duties imposed on them by the former objects of the permanent trusts or from any liabilities or obligations to third persons arising out of those former objects.
15 Dissolution of Whakarewa School Trust Board
On the date of commencement of this Act the Board shall be dissolved.
16 Private Act
This Act is hereby declared to be a private Act.
Schedule 1 |
All those pieces of land situated in the Nelson Land Registration District described as follows:
| Certificates of title | Legal descriptions | Areas | |
|---|---|---|---|
| Balance 62/34 (limited as to parcels) | Part Sections 220 and 241 District of Motueka, more particularly being Lots 1, 2, 3, 4 and 5 DP 2554 and Lots 1 and 2 DP 2711 | 35.8589 ha | |
| 4D/412 | Reserve J being part of the land on DP 3229 | 1.8610 ha | |
| Balance 93/102 | Reserve K being part of the land on DP 3229 and all the land on DP 3264 | 44.3085 ha | |
| Balance 93/208 | Lots 2, 5 and 6 and part Lot 3 DP 3295 | 10.8729 ha | |
| Balance 93/125 | All the land on DP 3001 | 1074 m2 | |
| Balance 95/10 | Lots 12, 13 and 14 DP 3257 | 15.5320 ha | |
| 4D/286 | Lot 1 DP 2879 | 809 m2 | |
| 4D/285 | Lot 2 DP 2879 | 809 m2 | |
| 5C/136 | Lot 2 DP 3230 | 9788 m2 | |
| 4D/414 | Lot 3 DP 3230 | 7.8888 ha | |
| 4D/276 | Lot 4 DP 3230 | 8.3694 ha | |
| 4D/277 | Part Lot 5 DP 3230 | 8.2141 ha | |
| 5B/92 | Part Lot 6 DP 3230 | 11.3499 ha | |
| 4D/1251 | Part Lot 8 DP 3230 | 13.1778 ha | |
| 5C/199 | Lot 9 DP 3230 | 62.2710 ha | |
| 5C/200 | Lot 10 DP 3230 | 82.8796 ha | |
| 4D/1187 | Lot 11 DP 3230 | 5.3342 ha | |
| 5C/137 | Lot 12 DP 3230 | 8852 m2 | |
| 5C/138 | Lot 13 DP 3230 | 3035 m2 | |
| Balance 2B/978 | All the land on DP 4459 | 1198 m2 | |
| 3A/1151 | Lot 5 DP 3257 | 811 m2 | |
| 3A/650 | Part Lots 7 and 8 DP 3257 | 3.1444 ha | |
| 3A/505 | Part Lot 2 DP 3266 | 895 m2 | |
| 3A/653 | Part Lot 3 DP 3266 | 1.1232 ha | |
| 5A/881 | Part Lot 6 DP 3266 | 1.8703 ha | |
| 4D/415 | Part Lot 7 DP 3266 | 9940 m2 | |
| Balance 2A/616 | Part Lot 10 and Lot 12 DP 3266 | 17.9581 ha | |
| 4D/150 | Lot 1 DP 3295 | 3.2349 ha | |
| 4D/539 | Lot 4 DP 3295 | 6.6393 ha | |
| 4D/571 | Lot 1 DP 3296 | 8126 m2 | |
| 5A/877 | Lot 2 DP 3296 | 2.4994 ha | |
| 3D/688 | Lot 1 DP 3308 | 847 m2 | |
| 3D/689 | Lot 2 DP 3308 | 809 m2 | |
| 9A/132 | Part Lot 1 DP 3313 | 6.8290 ha | |
| 9A/133 | Lot 2 DP 3313 | 13.3243 ha | |
| 3A/1104 | Lot 1 DP 3525 | 1181 m2 | |
| 4D/279 | Lot 2 DP 3525 | 1029 m2 | |
| 5A/16 | Lot 7 DP 3525 | 1203 m2 | |
| 5A/17 | Lot 8 DP 3525 | 1269 m2 | |
| 4D/281 | Lot 3 DP 3903 | 905 m2 | |
| 4D/544 | Lot 6 DP 3903 | 905 m2 | |
| 4D/283 | Lot 7 DP 3903 | 905 m2 | |
| 4D/282 | Lot 8 DP 3903 | 905 m2 | |
| 3A/1224 | Lot 1 DP 3904 | 811 m2 | |
| 4D/541 | All the land on DP 3983 | 1011 m2 | |
| 3D/695 | Lot 3 DP 3995 | 809 m2 | |
| 5C/143 | Lot 1 DP 4252 | 1611 m2 | |
| 5C/144 | Lot 2 DP 4252 | 827 m2 | |
| 5C/145 | Lot 3 DP 4252 | 819 m2 | |
| 5C/186 | Lot 4 DP 4252 | 801 m2 | |
| 5C/187 | Lot 5 DP 4252 | 809 m2 | |
| 5C/188 | Lot 6 DP 4252 | 809 m2 | |
| 5C/178 | Lot 8 DP 4252 | 801 m2 | |
| 5C/179 | Lot 9 DP 4252 | 809 m2 | |
| 3A/836 | Lot 10 DP 4252 | 930 m2 | |
| 5C/180 | Lot 11 DP 4252 | 928 m2 | |
| 5C/181 | Lot 12 DP 4252 | 809 m2 | |
| 4D/275 | Lot 13 DP 4252 | 809 m2 | |
| 5C/182 | Lot 14 DP 4252 | 809 m2 | |
| 5C/184 | Lot 16 DP 4252 | 809 m2 | |
| 5A/483 | All the land on DP 4410 | 978 m2 | |
| 5A/882 | Lot 1 DP 4557 | 794 m2 | |
| 5A/883 | Lot 2 DP 4557 | 809 m2 | |
| 5A/884 | Lot 3 DP 4557 | 809 m2 | |
| 5C/165 | Lot 5 DP 4683 | 799 m2 | |
| 5C/166 | Lot 6 DP 4683 | 799 m2 | |
| 5C/167 | Lot 7 DP 4683 | 799 m2 | |
| 5C/168 | Lot 8 DP 4683 | 799 m2 | |
| 5C/169 | Lot 9 DP 4683 | 804 m2 | |
| 5C/171 | Lot 11 DP 4683 | 811 m2 | |
| 5C/172 | Lot 12 DP 4683 | 811 m2 | |
| 5C/174 | Lot 14 DP 4683 | 811 m2 | |
| 3B/1087 | Lot 16 DP 4683 | 870 m2 | |
| 5C/176 | Lot 17 DP 4683 | 867 m2 | |
| 4B/1029 | Lot 2 DP 4783 and Lot 1 DP 8559 | 1027 m2 | |
| 4B/1030 | Part Lot 1 DP 4783 | 738 m2 | |
| 5C/161 | Lots 10 and 11 DP 4766 | 809 m2 | |
| 4D/288 | Lots 8 and 13 DP 4766 | 809 m2 | |
| 5C/160 | Lots 9 and 12 DP 4766 | 809 m2 | |
| 5C/159 | Lots 7 and 14 DP 4766 | 809 m2 | |
| 5C/155 | Lots 3 and 18 DP 4766 | 808 m2 | |
| 5C/142 | Lot 1 DP 4784 | 1907 m2 | |
| 7B/1384 | Lots 1, 2, 3, 4, 5, 6, 7 and 8 DP 5045 | 9529 m2 | |
| 5A/930 | Lot 3 DP 5101 | 948 m2 | |
| 5A/935 | Lot 8 DP 5101 | 918 m2 | |
| 5A/932 | Lot 5 DP 5101 | 935 m2 | |
| 5A/931 | Lot 4 DP 5101 | 943 m2 | |
| 5A/929 | Lot 2 DP 5101 | 956 m2 | |
| 5C/147 | Lot 2 DP 5148 | 814 m2 | |
| 5C/148 | Lot 3 DP 5148 | 814 m2 | |
| 5C/150 | Lot 5 DP 5148 | 814 m2 | |
| 5C/151 | Lot 6 DP 5148 | 814 m2 | |
| 5C/152 | Lot 7 DP 5148 | 814 m2 | |
| 5C/153 | Lot 8 DP 5148 | 814 m2 | |
| 5C/154 | Lot 9 DP 5148 | 819 m2 | |
| 5C/191 | Lot 11 DP 5148 | 801 m2 | |
| 5C/194 | Lot 14 DP 5148 | 801 m2 | |
| 5C/195 | Lot 15 DP 5148 | 801 m2 | |
| 5C/197 | Lot 17 DP 5148 | 801 m2 | |
| 5C/198 | Lot 18 DP 5148 | 796 m2 | |
| 8A/89 | Lot 1 DP 5293 | 400 m2 | |
| 4B/1323 | Lot 2 DP 5504 | 938 m2 | |
| 8B/973 | Lot 1 DP 5558 | 1454 m2 | |
| 142/66 | Lot 1 DP 5671 | 8093 m2 | |
| 4D/393 | Lot 2 DP 5790 | 1047 m2 | |
| 3A/506 | Lot 4 DP 5790 | 341 m2 | |
| 3A/649 | Lot 6 DP 5790 | 1.3119 ha | |
| 5C/209 | Lot 1 DP 6563 | 3252 m2 | |
| 5C/204 | Lot 2 DP 6563 | 781 m2 | |
| 5C/205 | Lot 3 DP 6563 | 809 m2 | |
| 6C/1018 | Lot 1 DP 7430 | 966 m2 | |
| 3D/166 | Lot 1 DP 8048 | 809 m2 | |
| 3D/167 | Lot 2 DP 8048 | 809 m2 | |
| 3D/169 | Lot 4 DP 8048 | 1107 m2 | |
| 4D/1070 | Lot 1 DP 8312 | 6553 m2 | |
| 4C/827 | Lot 1 DP 9340 | 3130 m2 | |
| 8B/974 | Part Lot 2 DP 9340 | 4.0532 ha | |
| 8B/1058 | Lot 3 DP 9340 | 10.2080 ha | |
| 5A/876 | Lot 1 DP 9736 | 1395 m2 | |
| 7B/146 | Lot 2 DP 11984 | 2.3679 ha | |
| 7B/1377 | Lot 1 DP 12355 | 884 m2 | |
| 7B/1378 | Lot 2 DP 12355 | 888 m2 | |
| 7B/1379 | Lot 3 DP 12355 | 1029 m2 | |
| 8B/972 | Lot 1 DP 12379 | 11.2495 ha | |
| 7C/813 | Lot 1 DP 12476 | 2374 m2 | |
| 7C/814 | Lot 2 DP 12476 | 7475 m2 | |
| 7C/815 | Lot 3 DP 12476 | 3808 m2 | |
| 7C/816 | Lot 4 DP 12476 | 874 m2 | |
| 7C/817 | Lot 5 DP 12476 | 803 m2 | |
| 7C/819 | Lot 7 DP 12476 | 1428 m2 | |
| 7C/820 | Lot 8 DP 12476 | 1520 m2 | |
| 7C/1270 | Lot 1 DP 12624 | 3.9890 ha | |
| 7C/1271 | Lot 2 DP 12624 | 3865 m2 | |
| 3D/696 | Lot 10 DP 3257 | 2.9233 ha |
Schedule 2 |
Ngati Rarua
| Ngapiko | Pinanui Teiti |
| Te Iti | Kahuraupo Poria |
| Hone te Paki | Te Mate Kaipuke |
| Tepiu te Ramu | Parehinga Awatea |
| Herehere Ngapiko | |
| Tamihana Mokoera | Taare te Ahimanawa |
| Kawi te Kokora | Hakopa Hotu |
| Te Neuhanga Mokoera | Te Hemara te Totohi |
| Pita Pehitaka | Titiaeho |
| Hokipera Rangitapua | |
| Mihiata Rangipokere | Tana Maui |
| Hohaia te Kahawai | Tana Pukekohatu |
| Apo | Ripeka Wera |
| Rama Mokoera | Ripeka Hikoia |
| Aperahama Panakenake | Te Waharau Tana |
| Tamaranga | Rina Ruka |
| Ruka Tikawe | Hemi te Huahua |
| Ihaka te Mere | Makereta wi te Koiri |
| Rangirangi | Ruka Tapiu |
| Ko Ihu | Hemi Tana |
| Himiona te Whakapu | Raniera Pukekohatu |
| Miriama te Ahihurahura | Heteraka Pahitahi |
| Harepeka te Rapehi | Hona te Apoapo |
| Rota to Okoiro | Reihara Huritapae |
| Pikiwhara | |
| Riwai Ngapaki | Hipara te Ruaki |
| Te Poa Karoro | Whaipuuru |
| Wakarongotai | Rahira te Whakapu |
| Pene te Poa | Te Rewa |
| Hara te Hui | |
| Kapurangi | Hamiora Pito |
| Te Hauiti | Te Papa |
| Mata te Utakau | |
| Rokia Henare | Rakapa Pihere |
| Roka Tamati | Mere te Waikaha |
| Riria Muku | Paretene Kaipara |
| Riria te Ua | Hohepa Tongarewa |
| Riria Tatari | |
| Pita Taitea | |
| Kiti Poutama | Tiraueke Mio |
| Poria | Harata Kirihau |
| Reweti Moka | Roka Rangikaihinu |
| Himiona Raukawa | |
| Pahupahu | Takerei te Whareaitu |
| Te Haranui te Naihi | Turu |
| Werohia | Mahona Wahaeamuri |
| Te Maro | Ruhira Mahona |
| Te Mira Ngawhika | Ngauru |
| Rahapa te Poa | Hinekino |
| Waikahinga | Aperhama te Weta |
| Hikaka | |
| Kikari |
Atiawa
| Rangiauru | Te Toi |
| Hoera Rangiauru | Hana te Unuhi |
| Haimona Rangiauru | |
| Piripi Rangiauru | Te Rei Nganiho |
| Hohaia Rangiauru | Raharuhi |
| Mere Nako | Matiu Huriwhare |
| Tame te Maepa | Oriwia te Rei |
| Te Katara | Ripara |
Schedule 3 |
PARTIES:
1. APERAHAMA STAFFORD of Wairau Pa, Retired
2. NICHOLAS McDONALD of Wairau Pa, Retired
3. BARRY MATTHEW MASON of Blenheim, Chartered Accountant
4. MAUI JOHN MITCHELL of Nelson, Researcher
-
5. MARGARET ANNE WILLS of Picton, Social Worker
(hereinafter called
“the Trustees”
)
RECITALS:
WHEREAS certain lands described in the First Schedule to this Deed were purported to be the subject of Crown Grants dated 25th July 1853 and 4th August 1853 containing respectively 660 acres or thereabouts and 418 acres 10 perches or thereabouts such grants having been made to the then Bishop of New Zealand of the Anglican Church for the purposes of establishing a school for the education of children of all races and of children of other poor and destitute persons being inhabitants of islands in the Pacific Ocean and for the support of that school so long as religious education, industrial training and instruction in the English language was given to the youth educated at that school:
AND WHEREAS no compensation was paid to the then Maori owners for appropriation of their lands the subject of the grants:
AND WHEREAS no school has ever been erected on the said lands but a school has operated intermittently supported by income earned from the said lands and no such school has operated at all since 1952:
AND WHEREAS the Whakarewa School Trust Board is an Anglican Church Trust incorporated in 1907 under the Religious, Charitable and Educational Trust Boards Incorporation Act 1884 with the spelling of Wakarewa School Trust Board and administers (pursuant to the terms of the Trusts established by the said Crown Grants dated 25th July 1853 and 4th August 1853) the original land assets particularly located at Whakarewa but also other land and assets acquired by the Anglican Church or the Whakarewa School Trust Board subsequent to the said grants in the Nelson and Motueka districts:
AND WHEREAS the Anglican Church accepts that particularly having regard to the principles embodied in the Treaty of Waitangi it is now just and desirable to re-vest the assets in a charitable trust for the benefit of the descendants of the original Maori owners of the said lands:
AND WHEREAS the original owners were established by Land Commissioner Spain in 1845 to be members of the Ngati Rarua and Te Atiawa manawhenua ki Motueka iwi and the full names of the then Maori owners were listed in judgments of the Maori Land Court delivered in 1892 and 1893 regarding the Nelson Tenths Reserves as set forth in the Second Schedule to this Deed:
AND WHEREAS it is desired in accordance with the general purposes of the Anglican Church Trusts Act 1981 to establish a Trust of a charitable nature to receive the vesting only of the original lands the subject of the grants and other assets related to those lands from the Whakarewa School Trust Board on behalf of the Ngati Rarua and Te Atiawa manawhenua ki Motueka iwi:
NOW THIS DEED WITNESSETH as follows:
Trust property
1. In this Deed the expression
“the Trust property”
means the lands described in the First Schedule to this Deed and any further property which may hereafter be acquired by the Trustees for the purposes of the trusts declared in this Deed and all property from time to time derived from or representing any of such lands, monies, investments or further property.
Beneficiaries
2. The beneficiaries of this Trust shall be those Maori people comprising members of the Ngati Rarua and Te Atiawa manawhenua ki Motueka tribes who can establish a direct lineal descent (by birth or adoption including either formal legal adoption or customary Maori adoption) from the persons listed in the Second Schedule hereto being the original owners of the lands the subject of the Crown Grants dated 25th July 1853 and 4th August 1853 (such owners being listed in 1845 by Land Commissioner Spain and found in judgments of the Maori Land Court delivered in 1892) and their descendants and families and in this Deed the expression
“beneficiaries”
includes all or any of such persons and the expression“beneficiary”
has a corresponding meaning.
Trust
3. The Trustees declare that they shall hold the Trust property UPON TRUST to promote the education, vocational training, economic development, health, religious and spiritual welfare (including the promotion of Maoritanga), social services, hospital and residential care of beneficiaries and the relief of poverty and provision of social support and care for indigent or impoverished beneficiaries in each case in New Zealand.
Powers
-
4. To achieve the aforesaid objects and trusts the Trustees shall have power to do all or any of the following in New Zealand:
(a) The establishment, maintenance and development of Marae:
(b) The training and education of children, adolescents and all other members entitled to be considered beneficiaries in the Trust:
(c) The provision of housing for elderly, infirm, handicapped or generally for other beneficiaries:
(d) The provision of scholarships and financial support for beneficiaries for educational, vocational or sporting purposes:
(e) The provision of support for sporting endeavours or outdoor pursuits for any beneficiaries of the Trust:
(f) The advancement of the cultural activities, needs or aspirations of any of the beneficiaries:
(g) Advancement of Maoritanga amongst the beneficiaries:
(h) Maintenance or improvement of the health, physical or mental, of the beneficiaries including the making of grants or loans towards the provision of medical, hospital, nursing and dental services:
(i) The provision of grants, donations, koha and funeral expenses relating to any of the beneficiaries or in a representative capacity on behalf of the beneficiaries:
(j) Relief of poverty and the making of grants or loans towards the relief of indigence or distress:
(k) Maintenance and improvement of the role of Maori women beneficiaries:
(l) To construct, establish, manage, maintain, repair or improve Maori Churches, Church Halls, Cemeteries, Urupa and other religious facilities and institutions and to manage and preserve Wahi Tapu and subsidise or make grants or loans towards the provision of such things:
(m) To make grants or loans to funds established or bodies formed for the promotion of the education of the beneficiaries or for the beneficiaries to obtain training or practical experience necessary or desirable for any trade or occupation:
(n) To provide books, clothing and other equipment for beneficiaries and to make grants for such purpose:
(o) To make grants or loans generally for the purpose of assisting with the educational training of beneficiaries for any employment or vocation:
(p) To provide, maintain or contribute towards the cost of residential accommodation for beneficiaries in relation to their educational training:
(q) To assist in meeting the costs of iwi development, research and establishment or support of iwi claims:
(r) To subsidise or make grants or loans for Housing Schemes for the beneficiaries whether on ancestral lands or elsewhere:
(s) To provide, subsidise or make grants or loans towards the provision of water supplies, sanitation works, drainage and electrical installations for the benefit of the beneficiaries.
Ancillary powers
-
5. The Trustees shall also have power in New Zealand:
(a) To purchase, erect, build, take on lease or licence or otherwise obtain a use or occupation of any real or personal property of any description:
(b) To manage, extend, improve, develop, alter, maintain or repair such property:
(c) To sell, let, lease, donate or otherwise dispose of such property provided that the lands the subject of the original grants shall not be subject to this power with the intent that any such dealing with such lands must be dealt with by general meeting of the beneficiaries:
(d) To accept custody, control and management of any real or personal property which may be bequeathed or donated to the Trust and to carry out any Trusts attached to gifts or bequests for the benefit of the Trust:
(e) To invest all or any monies held by the Trust in and upon investments authorised by the law for the time being in force in New Zealand for the investment by the Trustees in Trust Funds:
(f) To adopt such means as the Trust may from time to time determine for the purpose of raising money and for obtaining property for the furtherance of the objects of the Trust and to accept contributions, collections, donations, legacies, devises, gifts, grants and subsidies for the furtherance of the objects of the Trust:
(g) To borrow or raise money for the furtherance of the aforesaid objects:
(h) To secure in such manner as the Trust should think fit the repayment of any monies borrowed or raised by the Trust and in particular by the issue of debentures or debenture stock, perpetual or otherwise charged upon all or any of the property of the Trust, both present and future and to give and execute in the prescribed manner mortgages and debentures or other instruments as security for such repayment and to pay off, redeem or purchase any such securities:
(i) To draw, make, accept, endorse, discount, execute and issue promissory notes, cheques, bills of exchange, warrants and other negotiable securities or transferable instruments:
(j) To enter into, seal, execute and perform all agreements, deeds and documents and to do all such other things, acts, deeds or matters as shall be necessary incidental or conducive to the attainment of any of the foregoing objects:
(k) To employ staff to assist in the work of the Trust at such wages and on such terms whether by contract or otherwise as may be deemed expedient by the Trust for the time being and to obtain and pay for professional and other advice and services as is deemed necessary for the Trust:
(l) To institute, initiate, take or defend and compromise or abandon any legal proceedings or other claims involving the property, rights or affairs of the Trust or the iwi members who are beneficiaries of the Trust:
(m) To pay all or any of the expenses incurred in and in connection with the incorporation and establishment of the Trust:
(n) To acquire and hold whatever leases, quota, licences or other forms of legal interest may be required for the attainment of the objects aforesaid:
(o) To do all such other acts or things as are incidental to or will further the attainment of the foregoing objects or any of them:
(p) To amalgamate or enter into partnership or into any arrangement for sharing of profits, union of interests, co-operation, joint venture, reciprocal concession or otherwise, with any person hapu or iwi or company carrying on or engaged in or about to carry on or engage in any business or transaction which the Trustees are authorised to carry on or engage in, or business or transaction capable of being conducted so as directly or indirectly to benefit the Trust property or to benefit the objects of this Trust:
(q) To enter into any arrangements with any Governmental authority, supreme, municipal, local or otherwise, that may seem to benefit the Trust property or to promote the objects of the Trust and to obtain from any such Governmental or authority any rights, privileges, and concessions which the Trustees may think it desirable to obtain; and to carry out, exercise, and comply with any such arrangements, rights, privileges, and concessions.
Interpretation
6. The powers set forth in the subclauses of clauses 4 and 5 hereof are set forth by way of illustration only and are not in any way restrictive of the powers of the Trustee who shall have full power to do anything and everything that in their opinion may be directly or indirectly conducive to attainment of the objects set forth in clause 3 hereof. None of the said powers set forth in any of the subclauses of clauses 4 or 5 shall be in any way limited or restricted by reference to or inferences from the terms of any other clause or by the order in which they appear and none of them shall be deemed subsidiary or ancillary to any other clause or power. In the event of any ambiguity the said clauses and this clause shall be construed in the most liberal way so as to widen and not restrict the powers of the Trustees in the attainment and mode of attainment of the objects set forth in clause 3 hereof.
Roll of beneficiaries
| 7. | (a) | A roll of beneficiaries shall be prepared in the form of a register to be kept by the Board at its registered office. Such roll shall be prepared by reference to Whakapapa which must be able to illustrate a direct line of descent (by birth or adoption including either formal legal adoption or customary Maori adoption) from the persons whose names are set forth in the Second Schedule hereto. Any member of the Ngati Rarua or Te Atiawa manawhenua ki Motueka iwi who is able to establish by Whakapapa direct lineal descent (by birth or adoption including either formal legal adoption or customary Maori adoption) from those persons named in the Second Schedule shall be entitled to be listed on the said roll. |
| (b) | Any names may be included, added to or removed from the said roll by the Board in its absolute discretion on the basis of the evidence of Whakapapa presented to it from time to time (and the Board in exercising that discretion shall also have the power in its sole discretion to accept or reject any evidence of customary Maori adoption enabling a person to be registered on the Roll). | |
| (c) | Any member whose name appears on the said Roll shall be entitled to be considered a beneficiary in accordance with the provisions of this Deed and if of or over the age of 18 years shall be entitled to vote in accordance with the provisions of this Deed. | |
| (d) | It shall be the obligation of such beneficiary to notify the Secretary of his or her address and the Secretary shall only be required to send notices required by these Rules to the address for that beneficiary recorded on the Roll. |
Rights of Trustees
-
8. Trustees emolument and expenses—
(a) The trustees shall be entitled to be paid an emolument for their services to the Trust Board such emolument to be fixed by resolution of the Annual General Meeting of the beneficiaries. Such emolument and the method of calculating of same shall be fixed by simple majority of the beneficiaries present at the Annual General Meeting.
(b) The trustees shall be entitled to be reimbursed in full for all their travelling expenses and accommodation expenses involved in attending trustees meetings or otherwise attending to Trust business. Such expenses shall be approved by the Board of the Trust and shall be reported by way of annual accounts to the beneficiaries.
(c) A trustee shall not be prevented by reason only of his or her trusteeship from being a beneficiary hereunder but shall not take part in any discussion by the trustees or vote on any question in which he or she or his or her spouse or child has a direct material or pecuniary interest as a beneficiary which is particular to him or her in a manner different from the interests of the beneficiaries generally nor shall he or she be counted in the quorum present at the meeting when any such question is decided.
Accounts
9. The Board shall cause proper books of account to be kept in which shall be kept full true and complete accounts of the affairs and transactions for the Board. The books of account shall be kept at the Board's office or at such other place or places as the members think fit and shall be always be open to the inspection of any member of the Board.
Constitution of Board of Trust
| 10. | A Trust Board (hereinafter called “the Board”) will be established called the “Ngati Rarua-Atiawa Iwi Trust Board”to administer the Trust in all respects and the membership of the Board shall be made up as follows: |
||
| (a) | There shall be ten members of the Board (who shall be the Trustees for the purposes of this Deed) the membership of the Board being comprised as follows: | ||
| i. | A minimum of four members being appointed by a hui called publicly for that purpose for members of the Ngati Rarua iwi to represent the Ngati Rarua iwi on a poll basis of those present and voting at the hui: | ||
| ii. | One member being appointed by a hui called publicly for that purpose for members of the Te Atiawa manawhenua ki Motueka iwi to represent the Te Atiawa manawhenua ki Motueka iwi on a poll basis of those present and voting at the hui: | ||
| iii. | Three other members being appointed by a hui called publicly amongst all members of Ngati Rarua and Te Atiawa manawhenua ki Motueka on a poll basis of those present and voting at the hui provided that the three members appointed under this subclause do not need to be members of the Ngati Rarua or Te Atiawa manawhenua ki Motueka iwi: | ||
| iv. | The Board shall have power to appoint two more members whose terms of office shall be for one year provided that the two members appointed under this subclause do not need to be members of the Ngati Rarua or Te Atiawa manawhenua ki Motueka iwi. | ||
| (b) | The first persons to be appointed under clause 10(a)(i) to (iii) inclusive shall be: | ||
| Paul Te Poa Kararoa Morgan | |||
| Robert Pinehia Stephens | |||
| Amoroa Luke | |||
| Russell James Thomas | |||
| Robert Michael Takarangi Park | |||
| Barry Matthew Mason | |||
| John Te Rangi Okiwa Morgan | |||
| Nicholas McDonald | |||
| (c) | The first five named members of the Board shall initially hold office for a period of 2 years with their replacements being appointed under the procedure in clause 10(a)(i) and (ii). Thereafter the next three members named in clause 10(b) shall hold office for one further year with their replacements being appointed under the procedure in clause 10(a)(iii). Thereafter members appointed under clause 10(a)(i), (ii) and (iii) shall hold office for a period of three years from their individual appointment date. | ||
| (d) | On or before such third anniversary date or any vacancy occurring: | ||
| i. | Members appointed under subclause (b) of this clause shall either be re-appointed as Board members subject to their consent or some other person in place of the retiring appointee shall be appointed, such appointments to be made by appointment as to the four members entitled to be appointed by Ngati Rarua and one entitled to be appointed by Te Atiawa manawhenua ki Motueka by those iwi respectively following the same procedure as is set forth in subclause (a)(i) and (ii) of this clause. | ||
| ii. | The other elected members shall similarly be elected following the same procedure as is set forth in subclause (a)(iii) of this clause. | ||
| (e) | The office of a member of the Board shall become vacant if: | ||
| i. | he or she resigns office; or | ||
| ii. | he or she becomes bankrupt or insolvent; or | ||
| iii. | he or she becomes of unsound mind; or | ||
| iv. | he or she is convicted of an indictable offence; or | ||
| v. | he or she is absent from New Zealand for a period of twelve months without obtaining leave of absence from other members; or | ||
| vi. | he or she is absent from three consecutive Board meetings without apologies being received and recorded by the Board; or | ||
| vii. | he or she dies; or | ||
| viii. | in the opinion of all other members of the Board so expressed by formal Resolution is for any reason unfit to carry out his or her duties as a member of the Board. | ||
Annual General Meeting and Special General Meetings
| 11. | (a) | An Annual General Meeting of beneficiaries shall be held each year within 4 months of the end of the financial year. Such meeting will be held at a time and place to be fixed by the Board and shall be notified by public notice in daily newspapers circulating in the Nelson and Marlborough regions on at least 2 occasions not less than 10 days apart, the second of which notices shall be given not less than 10 days prior to the said meeting. |
| (b) | A special general meeting may be called by resolution of the Board or by a notice signed by 10 beneficiaries being delivered to the Secretary which notice shall specify in writing the subject matter of the meeting. Notice in writing shall be given by the Secretary to all beneficiaries listed on the roll of beneficiaries of such meeting being called and its proposed subject matter. Such notices shall be posted no later than 10 days prior to the date of the meeting. |
The registered office
12. The initial registered office of the Trust shall be at West, Yates of Nelson, Chartered Accountants or such other place as the Board may from time to time appoint.
Proceedings of the Board
| 13. | (a) | The members of the Board shall meet for the despatch of business, adjourn and otherwise regulate their meetings as they think fit. Questions at any meeting shall be decided by a majority of votes. In the absence of an inequality of votes the Chairman shall have a second or casting vote. |
| (b) | Any two members may on requisition in writing and the Secretary on requisition of the two members shall at any time summon a meeting of the Board. It shall not be necessary to give notice of a meeting of the Board to any member for the time being absent from New Zealand. | |
| (c) | The quorum necessary for the transaction of the business of the Board shall be no less than 4. | |
| (d) | The continuing members may act notwithstanding any vacancy in the body so long as the number is not reduced below the number fixed as the quorum. | |
| (e) | The first Chairman and Deputy Chairman of the Board shall be elected at the first meeting of the Board. The Chairman and Deputy Chairman shall each hold office thereafter for their respective terms of office as a member of the Board. If at any meeting the Chairman is not present within five minutes after the time appointed for holding the meeting, the Deputy Chairman shall chair the meeting and in the event of his or her absence the members present may choose one of their number to be Chairman. | |
| (f) | The members may delegate any of their powers to committees consisting of such members of their body as they think fit and in so doing shall appoint a Chairperson for such Committee. Any committee so formed shall in the exercise of the powers so delegated conform to the requirements that may be imposed on it by the delegation from the Board. Any such Committee shall not have power to bind the Board unless that power is specifically delegated by the Board by resolution. Any committee shall, subject to the approval of the Board, have the power to co-opt suitable persons not being members of the Board as members of such committee. Any co-opted members of such a Committee shall be entitled to be paid the same emolument on a daily basis as a Board member would receive and shall be entitled to reimbursement of travel and accommodation expenses as approved by the Board. | |
| (g) | A resolution in writing signed by all members for the time being entitled to receive a Notice of a Meeting of Members of the Board shall be as valid and effectual as if it had been passed at a meeting of the members duly convened and held. Any such resolution may consist of several documents in like form, each signed by one or more members and such documents may be in bureau facsimile form. | |
| (h) | All proceedings of members shall be recorded in the form of Minutes in a proper Minute Book. | |
| (i) | A meeting may be held by telephone conference call. |
Appointment of officers
| 14. | (a) | The Board may from time to time appoint a secretary and such other officers and servants as are considered necessary for the exercise and performance of the functions and powers of the Board and may pay such salaries and allowances as it thinks fit. The Board shall have power to dismiss any such persons so appointed. |
| (b) | The first secretary shall be ROBERT PETER SHORE and he shall preside at the inaugural meeting of the Board to enable election of the Chairman under clause 13(e) of this Deed. |
Distributions
| 15. | (a) | Without it being a binding Trust upon the Trustees it is recorded that the intent of this Deed is that annual profits shall be revealed to all beneficiaries at the Annual General Meeting. The Board shall recommend to the Annual General Meeting the percentage of such profits to be allocated to distributions to the respective iwi for the purposes set forth in clauses 3, 4 and 5 hereof and no vote by the beneficiaries of such profit allocation shall exceed the percentage recommended by the Board. | |
| (b) | Any distribution of funds made for the purposes of clauses 3, 4 and 5 hereof shall be made on such a basis that there is a division in value terms as follows as between the iwi involved: Ngati Rarua—80% Te Atiawa manawhenua ki Motueka—20% |
||
| (c) | At the Annual General Meeting the board shall report in detail to the beneficiaries the purpose of any grants made for the purposes of clauses 3, 4 and 5 or any other purposes contained in this Deed provided that the names of individual recipients of grants need not be disclosed in circumstances where the grants are for the relief of poverty, indigence or distress and it would cause embarrassment (in the Trustee's view) to the recipients for their names to be so reported to the Annual General Meeting. | ||
| (d) | No beneficiary or person associated with a beneficiary of the trust shall derive any income, benefit or advantage from the trust where they can materially influence the payment of the income, benefit or advantage except where that income, benefit or advantage is derived from: | ||
| i. | Professional services to the trust rendered in the course of business charged at no greater rate than current market rates; or | ||
| ii. | Interest on money lent at no greater rate than current market rates. | ||
The Seal
16. The Board shall provide for the safe custody of the Trust Seal which will only be used by the authority of the Board and every instrument to which the said seal is affixed shall be signed by two members.
Audit
17. The accounts of the Board shall be audited by a Chartered Accountant who shall not be a member of the Board and who shall be appointed annually by the Board or by a majority of members of the Board. A duly audited Balance Sheet shall be submitted to the annual meeting. The financial year of the Board shall end as at 31st day of December in each year.
Alterations and additions to rules
-
18. These rules may be altered or added to at any meeting of the beneficiaries subject to the following conditions:
(a) That any such alteration or addition cannot be inconsistent with the provisions of Section 61 of the Charitable Trusts Act 1957 or any amendments thereto and nor shall any of such alteration or addition in any way detract from the charitable character of the Trust.
(b) That three-quarters in number of the beneficiaries present and voting at a Special General Meeting shall be required to pass any such alteration or addition.
Dissolution and disposal of funds
| 19. | (a) | The Trust may be wound up voluntarily by the passing of a resolution of beneficiaries to that effect. Such a resolution shall be passed by a majority of three-quarters of the beneficiaries present and entitled to vote at a Special General Meeting. Such a resolution must provide that after meeting all liabilities any monies or property remaining will be applied towards a charity or some charitable purpose approved as a charity by the Inland Revenue Department in New Zealand as a charity in terms of the Income Tax Legislation for the time being in force. | |
| (b) | In the event of such voluntary winding up aforesaid, all monies and property remaining after the due settlement of all the affairs of the Trust and all debts and claims shall be applied towards such charitable purpose or purposes as are set out in subclause (a) of this clause. | ||
In witness whereof these presents have been executed the day and year first hereinbefore written.
|
SIGNED by APERAHAMA STAFFORD in the presence of: |
 |
KOPA STAFFORD |
| Witness: R. D. CROSBY | ||
| Occupation: Solicitor | ||
| Address: Blenheim | ||
|
SIGNED by NICHOLAS McDONALD in the presence of: |
|
NICHOLAS McDONALD |
| Witness: M. J. HUNT | ||
| Occupation: Solicitor | ||
| Address: Blenheim | ||
|
SIGNED by BARRY MATTHEW MASON in the presence of: |
|
B. M. MASON |
| Witness: M. J. HUNT | ||
| Occupation: Solicitor | ||
| Address: Blenheim | ||
|
SIGNED by MAUI JOHN MITCHELL in the presence of: |
|
M. J. MITCHELL |
| Witness: G. W. ALLAN | ||
| Occupation: Solicitor | ||
| Address: Nelson | ||
|
SIGNED by MARGARET ANNE WILLS in the presence of: |
|
M. A. WILLS |
| Witness: M. J. HUNT | ||
| Occupation: Solicitor | ||
| Address: Blenheim | ||
| [Here follow schedules corresponding to the First and Second Schedules to this Act.] | ||
Schedule 4 |
| Permanent Trusts | $ | Trustee | Beneficiary |
|---|---|---|---|
| Boyd A. E. Trust | 32,547.76 | WSTB | Whakarewa Boys' Home |
| Haultain F. E. Bequest | 968.66 | NDTB | Children's Homes in the Diocese |
| Shirtliff A. C. Bequest | 49,032.21 | WSTB | Whakarewa Boys' Home |
| Dyson E. M. Bequest | 9,650.76 | WSTB | Whakarewa School Trust Board |
| Easterfield Memorial Fund | 1,337.95 | NDTB | Whakarewa Orphanage |
| Hargraves Bequest | 400,000.67 | NDTB | Whakarewa Boys' Home |
| Hildyard J. S. Bequest | 4,025.44 | NDTB | Whakarewa Children's Home |
| Whakarewa General Bequests | 7,943.00 | WSTB | Whakarewa School Trust Board |
| Ollsen D. O. Estate | 3,347.61 | WSTB | Whakarewa Home—prizes |
| Hope Memorial Prize Fund | 1,250.05 | NDTB | Boys' home or other cause |
| Somerville T. M. Bequest | 111,249.07 | WSTB | Whakarewa Home |
| Lodge M. A. Bequest | 521.40 | NDTB | Whakarewa Home |
| Whakarewa Temporary Bequest | 1,778.02 | WSTB | Whakarewa School Trust Board |
| McKee Trust | 1,707.38 | WSTB | Whakarewa School Trust Board |
| Tibble E. Bequest | 22,541.68 | NDTB | Whakarewa |
Total “Church”Trusts |
647,901.66 | ||
|
Key WSTB—Whakarewa School Trust Board. NDTB—Nelson Diocesan Trust Board. | |||
Contents
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
Notes
1 General
-
This is a reprint of the Ngati Rarua-Atiawa Iwi Trust Empowering Act 1993. The reprint incorporates all the amendments to the Act as at 29 September 1993, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/
.
2 Status of reprints
-
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
3 How reprints are prepared
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/
or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
-
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as
“of this section”
and“of this Act”
)•typeface and type size (Times Roman, generally in 11.5 point)
-
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as
“the 1st day of January 1999”
is now expressed as“1 January 1999”
)•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
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•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).