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I N D E X
1 PURPOSE OF THE TRUST, VISION & MISSION STATEMENT
2 ESTABLISHMENT OF THE TRUST
3-8 TRUST DEED (Amended 18.5.11)
9-12 TRUST POLICY & PROCEDURE
13-14 FORUM POLICY & PROCEDURE
15-16 COORDINATOR’S POLICY & PROCEDURE
17-18 FINANCIAL MANAGEMENT POLICY & PROCEDURE
19-20 SHARED RESOURCE POLICY & PROCEDURE
21 SHARED RESOURCE – EQUIPMENT FOR HIRE
22-29 STRATEGIC PLAN
30 TRUSTEES’ DETAILS
31-32 FORUM MEMBERS’ DETAILS
33-35 APPLICATION TO BECOME A FORUM MEMBER
36 VOTING FORM
37 HISTORICAL FUNDING
38-40 DISCRETIONARY FUNDING NOTES
41-44 APPLICATION FORM
45-46 SIX MONTH REPORTING FORM
PURPOSE OF THE TRUST
MISSION STATEMENTTo strive for excellence in the provision
and delivery of
advocacy, promotion, education, prevention, support and
for people with disabilities in the
Western Bay of Plenty area
VISIONA Society That Values All People And
ESTABLISHMENT OF THE TRUST
The Western Bay of Plenty Disability Support Trust was formed as a not for profit Trust to provide collaborative approach to service organisations in the disability sector who provide advocacy, promotion, education, prevention, support and information for people with disabilities in the Western Bay of Plenty.
The concept of collaborating to provide an integrated service arose from the Midland Regional Health Authority (Midland Health) APEPSI Consultation Document of May 1996 and consequential meetings with service providers which finally resolved –
“to provide a single vehicle from which Provider organisations can receive a cohesive and coordinated approach to contracting and providing disability support services”.
Representatives of Participating organisation come together to form the Western Bay of Plenty Disability Support Trust as the entity to contract with the Ministry of Health or any other contractor or funder to provide advocacy, promotion, education, prevention, support and information services.
Participating organisations formally nominate one person as their representative at Forum meetings. The Western Bay of Plenty Disability Support Trust is the collective of Forum representatives. The Trust shall subcontract from them to participating organisations to bring about the best possible service delivery to people with disabilities through innovative resource management.
WESTERNBAY OF PLENTY DISABILITYSUPPORT
as amended by the Special General Meeting
on 18 May 2011
THE WESTERN BAY OF PLENTY
DISABILITY SUPPORT TRUST
WAS ISSUED A CERTIFICATE
AS AN INCORPORATE TRUST
ON 10TH DAY OF JUNE 1998
NAME:WESTERNBAY OF PLENTY DISABILITY SUPPORT TRUST
-herein called “the Trust”
1.1The Western Bay of Plenty Disability Support Trust is formed as a collaborative not-for-profitorganisation to provide the services of Advocacy, Promotion, Education, Prevention, Support andInformation for people with disabilities in the Western Bay of Plenty.
1.2The concept of collaborating to provide an integrated service arose from the Midland RegionalHealth authority (Midland Health) APEPSI Consultation document of May 1996 andconsequential meetings with service providers which finally resolved “To provide a single vehiclefrom which Provider organisations can receive a cohesive and coordinated approach tocontracting and providing disability support services”.
1.3Representatives of the following Participating Organisations have therefore come together to form the Western Bay of Plenty Disability Support Trust as the entity to contract with MidlandHealth or with any other body or organisation to provide advocacy, promotion, education,prevention, support and information services.
1.4The following organisations and any others that may be added according to the procedure set outin clause 3.1.5 will, for the purpose of this Trust Deed, be known as the Participating Organisations: Alzheimers Society Tauranga; Arohanui Art & Education Trust; Arthritis NZ; Asthma & Respiratory Management BOP Inc.; Autism N.Z. Inc. BOP Branch; Bay of Plenty MS Society Inc.; Deaf Aotearoa, NZ; Epilepsy BOP/Coromandal; Headway Brain Injury Assn; Tauranga BoP Hearing Assn; ME/CFS Support Group (BoP); Motor Neurone Disease BoP Branch; Parkinsonism Soc. Tauranga Inc.; Post Polio Support Society NZ Inc BOP Branch; Stroke Foundation Midland Region Inc.; Tauranga Community Housing Trust; Tauranga District Group Riding for the Disabled; Parent to Parent NZ Inc – Coastal BoP.
2.0The primary aim of the Trust is: To strive for excellence in the provision and delivery ofAdvocacy. Promotion, Education, Prevention, Support and Information services to people withdisabilities.
2.1To seek, accept and receive donations, subsidies, grants, endowments, gifts, legacies, loans andbequests either in money or in kind or partly in kind for all or any of the purposes and objects of the Trust.
2.2To coordinate and integrate services utilising the strengths of the Participating Organisations.
2.3To provide a combined and effective voice in the promotion of disability issues at all levels —local, regional and/or national.
2.4To ensure the delivery of services that are in accord with the Treaty of Waitangi.
2.5To ensure the organisation functions multi-culturally and values the uniqueness and diversity ofthe people it serves and employs.
2.6 To ensure that all aims and objectives are carried out in the Western Bay of Plenty
3.1 THE FORUM
3.1.0Each of the Participating Organisations shall formally nominate one person or that person’s substitute to represent it and
3.1.1When those representatives meet together for the business of the Trust that body shall be know as“The Forum”. The Forum then shall comprise the membership of the Western Bay of PlentyDisability Support Trust. The Trust Board of Directors (or herein called “the Trust Board” or “theBoard”) will regularly supply the forum members with a list of Participating Organisations.
3.1.2The Forum may meet independently of the Trust Board at the request of not less than three of itsmembers in which case it shall elect its own chairperson for the conduct of that meeting.
3.1.3No meeting of the Forum shall proceed without a quorum of 60% of the Forum membershipbeing present. But if a quorum is not achieved the meeting will be adjourned for 14 days whenthose attending that next meeting will be deemed to form the quorum.
3.1.4Not less that 7 (seven) days written notice of Forum meetings shall be given to Forum members,the Participating Organisations and to Board Trustees.
3.1.5The Forum shall determine by a simple majority postal vote if additional ParticipatingOrganisations may be admitted to membership. (The criteria for considering any additionalParticipating Organisation would require that Organisation to be a not-for-profit Organisationwhich has a primary focus of working with people with a disability or disabilities).
3.1.6Unless otherwise instructed by the principal funding authority (Ministry of Health or itsreplacement) funds will be distributed to trust memberorganisations in accordance with last historical contracts that existed between those organisations and that authority. Should any further distribution funds be made available from the saidauthority, through negotiation or new contracts between Trust organisations and that authority,these will be included with those historical contracts and distributed accordingly. The Trustees may also distribute surplus funds or additional grants acquired as they see fit to achieve the aims of the Trust.
3.1.7The Forum shall be the body to receive the resignation of any Participating Organisation.Resignations must be given in writing from an authorised person in the ParticipatingOrganisation.
3.1.8The Forum shall be the body for electing the initial Trust Board and subsequently by election at aGeneral Meeting fill vacancies on the Trust Board caused by retiring or resigning trustees or bydisqualification or removal.
3.1.9The Forum shall be the body to provide general direction of and approve policies for the TrustBoard.
3.1.10The Forum shall be the body responsible for receiving the Annual General Meeting reports of theTrust Board or any other General Meeting business.
3.1.11 The Forum will approve payment, if any, to the trustees.
3.2 GENERAL MEETINGS
3.2.0Any general meeting of the Trust shall be notified in writing to Forum members and to theParticipating Organisations not less than 21 days in advance.
3.2.1Each year the Trust Board will hold an Annual General Meeting no later than 30th September.
3.2.2 Thefinancial of the Board shall end on the 30th day of June each year.
3.2.3The business of the Annual General Meeting shall be: To receive, consider and adopt theChairperson’s report; to receive, consider and adopt the audited accounts; to elect Trustees asrequired; And to consider remits submitted by Forum members. These remits must be submitted14 days prior to the AGM.
3.3 THE TRUSTEES
3.3.0The Trustees shall be those five people who for the time being are elected to the Trust Board bythe Forum members at an annual general meeting.
3.3.1No person who has been convicted of a criminal offence or adjudged bankrupt may be elected orhold the position of Trustee
3.3.2A Trustee can be removed for not attending three consecutive meetings of the Trust Board.
3.3.3Three Trustees shall be elected from the Participating Organisations. This is to ensure the kaupapa orphilosophy of the Board remains focused on the needs of people with disabilities.
3.3.4No more than one person from any of the Participating Organisation shall be nominated or elected tothe Trust Board.
3.3.5The two remaining elected Trust Board positions shall be filled by nominating people from the widercommunity who have skills or experiences of particular value to the Trust and who shall be independent of any Participating Organisation. Note: Independent shall mean a person who does not sit on any Board orcommittee of or is under a contract of employment to or is employed by a Participating Organisation.}
3.3.6Trustees shall be elected to the Trust Board for a two-year term and shall serve no more than two consecutive terms.They may offer themselves for election again after standing down for one year.
3.3.7Two trustees shall stand down at the first annual general meeting. Thereafter every trustee that has served two years on his or her current term shall stand down at the next and subsequent annual general meetings. Subject to Clause 3.3.4 the trustees can stand for re-election. The first two trustees to stand down shall be decided by lot.
3.3.8In the event of a vacancy occurring on the Trust Board it may be filled by the remaining trustees who shall have regard to the need to co-opt a person in accord with Clauses 3.3.1 and 3.3.3. The co-opted Trustee shall complete the balance of the term of the Trustee he/she is replacing.
3.4 POWERS OF THE TRUSTEES
3.4.0The trustees shall be responsible for all the affairs of the Trust and may exercise any lawful right or action to further the achievement of the Primary Aim.
3.4.1The trustees as a Board will define and detail the responsibilities delegated to Management and shall also stipulate the reporting required from Management.
3.4.2The trustees cannot make public statements on behalf of Participating Organisations.
3.5 ROLE OF THE TRUSTEES
3.5.0The role of the Trustees as a Board is to provide governance of the Organisation in an impartial way.
3.6 PROCEEDINGS OF THE BOARD
3.6.0The Trustees shall meet together, adjourn and regulate their meetings as they may decide in order to carry out their function.
3.6.1The Board will meet with the Forum at least annually at its Annual General Meeting and shall meet with the Forum if requested by not less than three of the Forum members.
3.6.2At an Annual General Meeting the trustees shall present audited financial statements and report on their governance over the operation and function of the Trust.
3.6.3The trustees shall elect a Chairperson and may elect a Secretary and Treasurer all of whom shall hold office for one year, such term to be renewable at the discretion of the trustees and subject to Clause 3.3.6. They may have a lesser term through resigning or being removed from office.
3.6.4Any trustee may resign from the Trust Board by forwarding a written resignation to the Chairperson.
3.6.5In any meeting of the Board decisions shall be decided by a majority vote of the trustees. If voting is tied the Chairperson shall have a casting or second vote.
3.6.6No meeting of the Board may proceed without a quorum of three trustees being present. All proceedings of the Board meetings shall be recorded in the form of minutes entered in a proper Minute Book. Minutes of these meetings shall be circulated to Participating Organisations.
3.6.7Written notice of 14 days shall be given for any Board meeting with the exception that this may be waived in cases of urgency.
3.6.8The Trust Board when constituted under the Charitable Trusts Act 1957 shall have a Common Seal which shall be affixed on documents only in the presence of the Chairperson, or the Chairperson’s nominee, and any one other Trustee.
3.6.9Trustees shall be responsible and liable only for their own personal willful default or neglect and not for the default or neglect of any other person and shall be indemnified by the Trust against all other liability incurred by them in the course of their duties as trustees of this Board.
3.6.10These rules may be changed or revoked by the Trust Board after a resolution has been confirmed by not less than a 75% majority in a General Meeting of the Forum except that the Primary Aim shall not be changed or revoked.
3.6.11No revocation, additions, alterations or amendments to the rules shall be valid if it in any way detracts or affects the exclusively charitable nature of the Trust.
3.6.12Any question or case not provided for in these Rules or any decision as to their interpretation shall be decided by the Trust Board or may be referred by the Trust Board for legal advice.
3.6.13The Trust may be wound up at any time on the passing of a resolution to windup is carried by a 75% majority of all trustees after a General Meeting of the Forum has been held specifically to discuss the winding up of the Trust.
3.6.14On the passing of a resolution to wind up the Trust the surplus assets and funds after payment of all liabilities shall be applied or gifted to other charitable organisations within New Zealand operating under a similar philosophy or kaupapa as may be determined by the Trust Board or in default of their determination as may be decided on application to a judge of the High Court of New Zealand.
Trust Policy and Procedure
1Trust Mission Statement
1.1The Western Bay of Plenty Support Trust (WBoP DST) has been formed as a collective not-for-profit organisation to provide a single vehicle from which provider organisations advocating for people with disabilities can receive a cohesive and coordinated approach to contracting support services. This includes advocacy, promotion, education, prevention, support and information for people with disabilities.
This collective is known as ‘The Forum’, and those members appointed to manage the Forum are here referred to as ‘The Trust’.
The WBoP DST will consist of five Trustees as set out in the Trust Deed. (See Trust Deed 3.3.0)
Three representing member groups of the Forum.
Two independent members from the community.
Chairperson to be appointed by the Trustees.
3Appointment of Trustees
3.2Trustees representing The Forum will be elected from the Forum membership at an Annual General Meeting of the Forum when a vacancy arises in the Trust. Nominations will be accepted up to and including the day of the Annual General Meeting.
3.3Should more than one person be nominated for a vacancy, a confidential ballot will be undertaken.
3.4A Trustee representative will be appointed for a two year term, and will be eligible to stand for election for a further two year term.
3.5At the conclusion of two terms as a Trustee, that member will stand down for twelve months, and will then be eligible to present themselves for a further two year term in office.
3.6No Forum member is eligible to have more than one person from their group as a Trustee.
3.7Should a vacancy arise in The Trust before an Annual General Meeting, the Trustees will co-opt a member from The Forum to fill the position until the next AGM.
4 Independent Trustees
4.1Two people from the wider community who have the skills or experiences of particular interest to The Trust, and who are independent of any participating organisation, shall be appointed to The Trust.
4.2 The Forum will consider the suitability of the candidate based on their C.V. and statement of benefits arising from the appointment of the individual.
4.3Should there be more than one person willing to stand for the available vacancy a confidential ballot will be undertaken.
4.4 The Independent Trustees will be subject to the same conditions for re-election to office as that for the Forum Trustees.
5Responsibilities of Trustees
5.1Members of the Trust will have a commitment to The Trust, and will bring knowledge, expertise and influence relevant to The Trust. They will make every effort to attend all Trust meetings and devote sufficient time to familiarise themselves with The Trust’s affairs.
5.2It is acknowledged that The Trust has a duty to the principles of the Treaty of Waitangi, and will partner with appropriate local Maori health organisations.
5.3The WBoP DST is the legal authority for the organisation, and its Trustees represent the interests of member organisations, volunteers, and donors, and must ensure that The Trust is soundly managed for the benefit of all. In particular it is answerable to:-
The members of its Forum
MOH, its funding body and other funders
5.4To provide accountability and professionalism to service users, participating organisations and funders.
5.5To have the best possible skills available for contract negotiation and funding applications to meet Trust requirements.
The Trust will contract the services of a person with the skills to be a resource person and the provider of administrative support to The Trust Board of the WBoP DST.
Meetings will be held monthly at a date and time determined by the Trustees. The Chairperson will agree the agenda for distribution in advance of the meeting.
7.1Trust meetings will be for the sole objective of carrying out WBoP DST tasks. The Trustees are expected to be familiar with the Trust’s policies, plans and priorities and be able to demonstrate their familiarity through debate and participation in The Trust’s activities.
7.2The Trustees will establish and maintain the purpose of the organisation and ensure that outcomes are commensurate with these. They will provide fair and impartial governance of the WBoP DST and create a dialogue between The Trust and The Forum members.