1
IN THE MATTER of the Charitable Trusts Act 1957
A N D
IN THE MATTER of the NGATI RUAWAIPU TRIBAL AUTHORITY TRUST
THIS DEED OF TRUST made on theday of 2003
PARTIES:
- RAPATA RAUNA KAA of Mangaharei Street, Ruatorea. Te PuiaHospital, Caretaker.
- MATEOHORERE (NIG) MANUEL. SH35 Tikitiki. Tourism Operator.
- JASON MATTHEW KOIA of 175 Tyndall Road, Gisborne. Student.
- QUENTIN BRUCE GOLDSMITH of 547 Childers Road, Gisborne. Engineer.
5.BARNEY DEWES of Tokata Box 32 Te Araroa Retired.
- BILL TE KANI of SH35 Potaka. Retired.
- ROGER HAEREWA of Whakaangiangi Road, Te Araroa. Farmer
All of them (hereinafter together with the survivor or survivors of them or the other Trustee or Trustees for the time being pursuant to this Deed called “the Trustees”).
PREAMBLE
It was resolved at a public meeting of the Members of Ngati Ruawaipu Iwi, who have a common whakapapa, to establish a charitable trust to represent, the members on the following matters relating to;
Proceedings, Negotiations, Consultations, Allocations of property, Social and Economic Development matters.
Further to this purpose, the Trustees enter into this deed to give effect to the will of the people of Ngati Ruawaipu.
Te Kaupapa
THE NGATI RUAWAIPU IWI WILL FOREVER, THROUGH THE EMPOWERING OF ITS PEOPLE, WHANAU, HAPU AND MARAE REPRESENT AND DETERMINE THEIR OWN AUTONOMY (FREEDOM) AND DESTINY (FUTURE).
WITNESSETH
1.The Trustees hold the sum of TEN DOLLARS ($10.00) UPON THE trusts following, namely:
(a)Forthwith upon the execution of these presents to apply to the Registrar of Incorporated Societies, pursuant to the provisions of Part II of the Charitable Trusts Act 1957 for incorporation as a Board under the name the NGATI RUAWAIPU TRIBAL AUTHORITY TRUST (“the Board”).
(b)To adopt the objects and powers set forth at Appendix “A” hereof and the Rules set forth in Appendix “B” hereof which shall become the objects, powers and rules of the Board.
2.The power to appoint new Trustees including the power to appoint additional Trustees shall be vested in the Trustees or Trustee for the time being surviving at the date of any such new appointment or in the personal representatives of the last surviving Trustee in accordance with the provisions of the Trustee Act 1956 PROVIDED ALWAYS that the number of Trustees shall not be more than seven (7).
3.The office of the Trustee shall become vacant if:
(a)he or she shall resign office by giving one month’s notice of his or her intention so to do to each of the other Trustees provided however that such notice shall not be effective to vacate the office of the Trustee if upon the day of elapse of the one month’s notice the number of remaining Trustees if fewer than three, or
(b)he or she shall become lunatic or of unsound mind, or
(c)he or she be absent from New Zealand for a period of three calendar months without obtaining leave of absence from the other Trustees, or
(d)he or she shall die, or
(e)he or she becomes bankrupt, or
(f)by a majority vote of the Trust Board he or she is deemed to have failed to fulfil the duties of Trusteeship, provided however that such majority vote shall not be effective to vacate the office of the Trustee if the effect of the vote is to reduce the number of remaining trustees to a number fewer than four, or
(g)trustees appointed to represent each of the Three Rohe (as defined below) may be removed from office in accordance the rules and regulations of any structure or entity that each of the Three Rohe may set up to organise their affairs or otherwise by a majority of members of any of the Three Rohe showing (in any manner deemed sufficient by a majority of the Trustees) that they no longer want to be represented by that trustee.
4.Any Trustee employed in connection with the trusts hereof may be paid all such remuneration for his or her services as may be normal as if he or she had been employed in that behalf and had not been a Trustee hereof.
IN WITNESS whereof this Deed has been executed on the date set out at the head of this document.
SIGNED by the said NGATI RUAWAIPU TRIBAL AUTHORITY TRUST
1
IN THE MATTER of the Charitable Trusts Act 1957
A N D
IN THE MATTER of the NGATI RUAWAIPU TRIBAL AUTHORITY TRUST
THIS DEED OF TRUST made on theday of 2003
PARTIES:
Sign here:
RAPATA RAUNA KAA of Mangaharei Street, Ruatorea. Te PuiaHospital, Caretaker.
Witnessed by:
Sign here:
Name:
Occupation:
Address:
Sign here:
MATEOHORERE (NIG) MANUEL. SH35 Tikitiki. Tourism Operator
Witnessed by:
Sign here:
Name:
Occupation:
Address:
Sign here:
JASON MATTHEW KOIA of 175 Tyndall Road, Gisborne. Student
Witnessed by:
Sign here:
Name:
Occupation:
Address:
Sign here:
QUENTIN BRUCE GOLDSMITH of 547 Childers Road, Gisborne. Engineer
Witnessed by:
Sign here:
Name:
Occupation:
Address:
Sign here:
BARNEY DEWES of Tokata Box 32 Te Araroa. Retired
Witnessed by:
Sign here:
Name:
Occupation:
Address:
Sign here:
BILL TE KANI of SH35 Potaka. Retired.
Witnessed by:
Sign here:
Name:
Occupation:
Address:
Sign here:
ROGER HAEREWA of Whakaangiangi Road, Te Araroa.
Witnessed by:
Sign here:
Name:
Occupation:
Address:
APPENDIX “A”
(To be adopted by the Board on Incorporation of the Trust)
5.INTERPRETATION
A.“Ngati Ruawaipu Tribe (Iwi)” shall mean those members whom Whakapapa or are descendants of Ruawaipu.
to Ruawaipu.hose whom can whakapapaipu based on Christianity.
- “Ngati Ruawaipu Rohe” shall mean the traditional lands, seas, air space and natural resources above and below ground generally from the WhangaparoaRiver at CapeRunaway on the western boundary to the TapuaeroaRiver at Ruatoria on the eastern boundary, and from the RaukumaraMountain out over the sea to the north.
C.“The Three Rohe” shall mean the three land and sea areas within Ngati Ruawaipu Rohe as identified below;
Wharekahika: (Potaka, Matakaoa, HicksBay, Waikura)
Kawakawa: (Te Araroa, Horoera, Karakatuwhero, Kopuapounamu, Whakaangiangi)
Waiapu: (Poroporo, Maraehara, Tikitiki, Whakawhitira, Rangitukia, Tikapa)
- “The Board Members” shall be the representatives for the three rohe
appoint by the Hapu within each of the Three Rohe.
E.The “Hapu” shall mean either a sub tribe, or a confederation of whanau groups whom identify with Ruawaipu as their Tipuna (common ancestor) and whom also identify with their Rohe (lands) within Ruawaipu.
6.OBJECTIVES of the Board shall be:
- TO relieve hardship of all people living within the traditional Ngati Ruawaipu rohe regardless of whether or not those people are members of Ngati Ruawaipu.
- TO relieve hardship of all members of Ngati Ruawaipu regardless of whether or not they are living within the traditional Ngati Ruawaipu rohe or some other place within New Zealand, and their family members regardless of whether or not they have blood ties or would be regarded as members of Ngati Ruawaipu according to the tikanga of Ngati Ruawaipu.
- TO promote the advancement of education for the benefit of the Community within the Ngati Ruawaipu Rohe.
- TO provide for the advancement of development within the Ngati Ruawaipu Rohe.
- TO support Religion for all members of Ngati Ruawaipu regardless of whether or not they are living within the traditional Ngati Ruawaipu rohe or some other place within New Zealand.
7.POWERS OF THE BOARD
IN ORDER to carry out the objects for which the Board is established the Board may exercise all or any of the following powers and authorities.
The Board members shall be responsible for the facilitation of all the affairs of the Ruawaipu Tribal Authority and may exercise all the powers and authorities conferred by these presents or by law.
(a)TO purchase take or lease or as gift or otherwise howsoever acquire and hold on the trusts hereof land.
(b)TO purchase take as gift or on loan or otherwise howsoever chattels of any kin whatsoever and hold the same upon the trusts hereof.
(c)TO lease let or grant the use of land and/or buildings or parts thereof held by the Board on limited terms for any lawful purpose in furtherance of the objects of the Board and apply the rents, commission or other payment whatsoever accruing to the objects of the Board.
(d)TO sell demolish or otherwise dispose of any real or personal property vested in the Board but only in furtherance of the trusts hereof.
(e)TO engage in any business or transaction capable of being conducted to as directly or indirectly to benefit this Board and for that purpose to take or otherwise acquire and hold and dispose of shares in any company having objects similar to those of the Board.
(f)TO enter into any arrangement with any government or authorities supreme municipal local or otherwise that may seem conducive to the Board’s objects or any of them and to obtain from any such government or authority any rights privileges and concession s with the Board may think it desirable to obtain and to carry out exercise and comply with any such arrangements rights privileges and concessions.
(g)TO construct alter restore improve maintain develop work manage carry out or control any building or works or do any thing whatsoever as the Board may deem necessary or convenient or calculated to advance directly or indirectly the objects of the Board and to develop, lay out and plant any land and to prepare the same for building and any other purposes consonant with the objects of the Board and to do or cause to be done all matters ancillary thereto and to enter into contracts and arrangements of all kinds with architects buildings and other.
(h)TO acquire hire operate and maintain any means of transportation whether of persons or of goods or both that the Board may deem necessary or desirable for the carrying out of the objects of the Board or any of them, and to make such charges for the use thereof as the Board shall deem reasonable.
(i)TO enter into contracts of employment or service with any persons body society whether incorporated or not and to pay remuneration for services rendered as the Board may think fit.
(j)TO lend or pay money to any persons body or society whether incorporated or not on such terms as the Board may think fit and to guarantee the performance of contracts by any such persons but only in furtherance of the objects of the Board.
(k)TO borrow from time to time at the discretions of the Board for the purposes of the Board from any person body or society whether incorporated or not any sum of money on the security of all or any of the Board’s property real or personal assets and effects both present and future either under legal mortgages or charges with powers of sale and other usual powers or by any other securities of the Board or without security and generally on such terms and conditions as to rate of interest or otherwise as the Board thinks fit and the Board may also borrow money from the Board’s bankers on overdraft or otherwise and with or without security.
(l)TO invest subject to the terms of any trust or grant or endowment and money held by or on behalf of the board in any securities in which trust funds may be invested by trustees in accordance with the Trustee Act 1956 or any other statutory authority or in such other manner as the Board may approve, and pending disbursement of any money held by or on behalf of the Board to deposit the same subject as aforesaid so as to yield interest in such manner as the Board may approve.
(m)TO draw make accept endorse discount execute and issue promissory notes bills of exchange bills of lading warrants debentures and other negotiable or transferable instruments.
(n)TO adopt such means of making known the activities and objects of the Board as may seem expedient and in particular but no so as to limit the generality thereof by advertising in the press by circulars and by publication of books periodicals brochures maps and any printed and illustrative material whatsoever, and by contributions to the press periodicals and books.
(o)TO print publish distribute and sell any books articles research monographs pictures photographs maps and any other works upon such terms and conditions agreed with the authors thereof as the Board may think fit and to commission and make grants to authors at the discretion of the Board.
(p)TO make such charges for admission to property held by the Board and to exhibition displays lectures films and other educational services arranged by the Board as the Board may deem reasonable.
(q)TO obtain any provision order of Act of Parliament or town planning ordinance classification designation or by-law for enabling the Board to carry out any of its objects of for any other purpose which in the opinion the Board id directly or indirectly to prejudice or injure the interest objects and purposes of the Board.
(r)TO pay all or any of the expenses incurred in and in connection with the incorporation and establishment of this Board.
(s)TO appoint managers agents and attorneys in New Zealand or in any part of the world for all or any of the purposes of the Board and to remunerate such agents for their services by salary or commission or partly by one mode and partly by the other mode and to act as agents or managers or to accept the agency for any person body or society whether incorporated or note on such terms as the Board thinks fit.
(t)TO apply the assets and income of the Board howsoever derived towards all or any of the aforesaid objects and purposes as the Board after consulting with the Three Rohe may in its absolute discretion think fit.
(u)TO do all or any of the above things as principals agents contractors trustees or otherwise and by or through agents trustees or otherwise and either or alone or in conjunction with others.
(v)TO do all such other things as may be incidental or conducive to the attainment of any of the foregoing objects or the exercise of any of the foregoing powers.
(w)NOTWITHSTANDING anything herein contained or implied, no power or reservation, express or implied, in this deed shall authorise the trustees or the charitable trustees to do or suffer any act which does not further the charitable purposes set out in this trust deed that are consistent with what is generally regarded as a charitable purpose by the laws of New Zealand and those charitable purposes that are consistent with the same shall at all times be paramount so as to exclude any act or omission which is or may be deemed to not accord with such purposes. Subject to this restriction, all of the objects and purposes of this trust shall be equal in importance, and none of the said clauses or the objects herein specified shall be deemed subsidiary or ancillary to any other clause or object, and the Board shall be fully empowered to pursue and carry out all or any of the objects set out in this Appendix independently of any other of such object.
APPENDIX B
(For adoption on Incorporation by the Trust)
RULES
8.Funds and Properties
(a)The funds and property vested in the Board shall be administered by the Board members in accordance with these Rules.
(b)All moneys received shall be paid to the credit of the Trust at such trading bank or savings bank as the Board members shall from time to time appoint and cheques on the bank account and other negotiable instruments shall be signed by two Board members or one Board member and the Secretary or the Treasurer. Endorsements of cheques and other negotiable instruments in favour of the Board shall be made by a Board member or by the Secretary or the Treasurer or such other person as may be appointed by the Board members.
(c)Where it shall be made to appear to the Board members that any legacy endowments contributions or gift has been made in spite of or in ignorance or without full appreciation of the claim whether legal or moral of any person upon the duty or bounty of the testator or donor the Board members notwithstanding that the Board may have expressed its acceptance of such legacy endowment contribution or gift either wholly or in part may make such payment or gift of or out of the property comprise therein towards the satisfaction or relief of such claim as the Board members may in their absolute discretion think fit.
(d)The Secretary or Treasurer shall have power to receive and give receipt for all legacies donations subscriptions or other moneys bequeathed made given or lent to the Board members and every such receipt shall be an effective discharge for the money or other property therein stated to have been received.
(e)No part of the income or property of the Board shall be paid or transferred directly or indirectly by way of profit to any Board member.
(f)No Trustee or Board Member or paid employee of the Board will provide any service whatsoever for any financial profit or pecuniary gain while in office or the Board’s employment.
(g)No Trustee or Board Member or paid employee of the Board or any directly or indirectly associated person or entity (including any spouse, parent, child (whether or not by blood or otherwise recognised as a child according to tikanga) or son or daughter in law) shall acquire any interest (including by way of purchase or lease) in any of the assets of the Trust (including, but not limited to, shares).