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Trust_Deed_2015

NGATIAWA IWI TRUST DEED 2013


THIS DEED IS MADE 5th DAY OF September 2013


FOUNDING BOARD MEMBERS:


Yvonne B Mitchell; Nga Uri Epiha Te Ngarara raua Kaiherau Takurau, Ko Puketapu oku hapu.

Occupation: Treaty of Waitangi - WAI 609 claimant, Retired.


Apihaka Mack, Marama Rhonda Pala and Muriwai Goodman; Nga Uri Pirikawau raua Te Kahutatara, kia whanau mai tana Te Rangaatake raua Te Pukerangiora Na. Me, Eruini Te Marau raua Rahera Pahuki, kia whanau mai tana o tungane Te Tupe o Tu raua Te Hau te Horo raua Pahia. Ko Ngati Kura, Hinetuha, Pukerangiora, Rahiri me Otaraua oku hapu.


Occupation: Apihaka – Iwi Historian, Treaty of Waitangi - WAI 1018 claimant. Occupation: Marama – Kaiwhakahaere INA Maori, Indigenous, South Pacific HIV/AIDS Foundation, WAI 1018 Claimant.

Occupation: Muriwai – Wairakau Rongo Maori Practitioner at One Whare Ronga, Waikanae, WAI 1018 beneficiary.


David (Rawiri) Evans; Nga Uri Rawiri Nukaiahu raua Rakewa me Paeroke raua William Jenkins. Me, Erena raua W.F. Browne. Ko Puketapu oku hapu.

Occupation: Mental Health & Drug & Alcohol Clinician; MPhil (Maori), BHS, DIP CH, Dip PH, PGDip (Arts), DAPAANZ Reg 158, WAI 1018 Claimant.


WHEREAS:

The parties to this Deed wish to establish a charitable trust (in this Deed referred to as "the Trust") for the purposes described in Clause 3 of this Deed, and


The parties to this deed have agreed to contribute the sum of thirty three dollars each to establish the Trust; and

They have agreed to enter into this Deed specifying the purposes of the Trust and providing for its nurturing the future generations and governance of Ngatiawa Iwi.


Founding Board members will remain honorary Board members for life in respect for their tenacity and vision to re-establish the Iwi of their Tupuna o Ngatiawa on the Kapiti Coast for displaced Ngatiawa and future generations. Founding Board members may choose to retire as active board members; they will remain honorary founding board members for life, never to be removed.


  1. TE INGOA/ NAME:

    The name of the Trust is Ngatiawa Iwi Charitable Trust, hereafter called 'the Trust'.


  2. MÄTÄPONO/PRINCIPLES

    The Trust is committed, in attaining its purposes, to:


    1. Manaakitanga – Giving prestige to or elevating the prestige of individuals or organizations through the expression of affection, hospitality, generosity, integrity and mutual respect.


    2. Rangatiratanga – Finding opportunities to develop nga uri o Ngati Kura, Pukerangiora, Otaraua, Rahiri, Hinetuhi, Puketapu, Uenuku, Tawhirikura, Mutunga, me Mitiwai, on the Kapiti Coast; self-determination of tangata whenua through mana Atua, mana Tupuna and mana Whenua.


    3. Whanaungatanga – Affirming the relationships that tangata whenua and other people have to each other individually or with whanau, hapu and iwi through a common whakapapa and reciprocal obligations inherent in that relationship. As a group that acknowledges our whakapapa ties to the wider oceanic community of the South pacific.


    4. Kotahitanga – Demonstrating commitment and unity of purpose in pursuit of a vision.


    5. Wairuatanga –Connecting people to their maunga, awa, moana, marae, Tupuna, atua and other cultural taumata or icons.


    6. Kaitiakitanga – exercising the responsibility that we have to our whanau, hapu and iwi and we all have to our environment.


    7. Mana Tupuna/Whakapapa – connecting us to the past, present and future, ultimately to one another.

  3. WHAINGA/ PURPOSE

    The purpose of the Trust will;

    Be recognised and defined as Ngatiawa Iwi, specifically, Otaraua, Pukerangiora, , Rahiri, Hinetuhi, Puketapu, Uenuku, Mitiwai, raua Tawhirikura, Ngati Kura, Mutunga, Tama, Maru raua nga hapu, on the Kapiti Coast. Who immigrated to Waikanae in 1818 and subsequent years. Who tupuna signed the Treaty of Waitangi and, remained on the Kapiti Coast after 1848. Cultivating whenua from Haowhenua to Whareroa along the coast, north east to Maunganui to the headwaters of Ngatiawa River, Kapakapanui Maunga, North to Pukeatua, and Pukemoremore into the North West coast to Haowhenua on along the banks of Otaki River.


    Be recognised as an organisation that is created for the benefit of those who descend by blood to nga tupuna o hapu described above;


    1. Beneficiaries registration, on application beneficiaries will need to provide documented verification of whakapapa or whakapapa verified by Kaumatua of hapu;

    2. or Ngatiawa Iwi whakapapa tohunga;

    3. Registrations will be subjected to protection under Privacy Act 1993;

    4. Beneficiaries with whakapapa to Ngatiawa Iwi;

    5. Trust will maintain registrations records, historical records, whakapapa for the purpose for those yet unborn and living to research verifiable Ngatiawa Iwi history;

    6. Discretion will be practiced where necessary on the disclosure of sensitive archived material; and Copyright Act 1994;

    7. Promote equality, transparency, fairness and just community practises;

    8. To work for the elimination of poverty and injustice; and

    9. To create an environment where the care and welfare of one another is important;


    1. Involve all beneficiaries in the processes of rebuilding our Whanau, Hapu, Iwi, and establish the first Ngatiawa Marae since 1851, Kenakena Pa, lost due to sand erosion and colonisation practises;


      1. A Marae for Ngatiawa Iwi based on mutual respect and harmonious relationships,

      2. With a purpose of growing ethical young leaders; and

      3. Recognise and respect the roles of Kaumatua and Pakeke with knowledge of tikanga and whakapapa;

      4. Encourage and enhance opportunities for the advancement of education for descendants/Uri of nga hapu o Ngatiawa Iwi;

      5. Recognise and acknowledge the female uri o Ngatiawa Iwi, and with re- establishment of the Matriarch principles of Ngatiawa;

      6. By empowering the female uri; with knowledge and education, leadership skills/qualities for the betterment of nga hapu o Ngatiawa Iwi;


    1. In particular the Trust will:

      1. Will unite as Treaty claimants for WAI 1018, 238 and 609 in partnership agreements conducive with mana restoration of Ngatiawa Iwi;

      2. Recognising nga Matapono as founding Tikanga principles within the partnership agreements;

      3. Advocate for the return of confiscated lands to Ngatiawa Iwi o Kapiti te taku tai within Treaty Claim process;

      4. Manage with honesty; transparency and integrity, any assets, income or estates on behalf of nga hapu o Ngatiawa Iwi;

      5. Campaign for the building of a Ngatiawa Marae, Kaumatua flats and facilities for the alleviation of poverty on returned or purchased land from the Crown;

      6. Negotiate, support current and initiate appropriate health, education and social services for nga hapu o Ngatiawa Iwi;

      7. Uphold the principles of culturally sound ethics by actively developing and improving the quality of life of the wahine and tane of nga hapu o Ngatiawa Iwi ki Kapiti te taku tai;

      8. With a goal to address all questions from the crown in schedule 1, in the processing and negotiating of Ngatiawa Iwi Treaty Claim settlement


    2. Annual General Meeting/ Hui A-Tau

      Annual General Meeting (AGM) of registered members of Ngatiawa Iwi will be held;

      1. During December, January, February or March each year; Twenty-One days’ notice will be given through direct email contact, social media sites, snail mail for those who do not use computers, media, or by public notice where a significant number of Ngatiawa Iwi reside;

      2. Notice of meeting shall include date, time, venue, annual report from Trustees, a copy of audited accounts, and actual expenditure report to be sent to email addresses and via snail mail only and uploaded to secure web page;

      3. Report to include motions voted on within Trustees board meetings, and AGM with text of motion moved, who moved it and resolution;

      4. Quorum for AGM shall be no less than two-thirds of registered beneficiaries; Voting via electronic means, a show of hands, snail mail or email confirmation as a means to gain consensus;

      5. Or, obtainable through beneficiaries logging into a secure website to participate and vote in AGM, and in major decisions

      6. Consensus can also be achieved via https://evote.electionz.com or in writing to external scrutiniser ;

      7. Trustees Secretary must attend AGM or a deputy trustee secretary appointed by the Board to record meeting, attendance list, discussions and document resolutions carried in AGM;

        1. Board of Trustees reserve the right to film all AGM’s

        2. For, the purpose of producing accurate minutes, upload to website to a page accessible by a password for those who could not attend meeting;

      8. Special General Meetings may be called by Trustees and or no less than two- thirds of registered beneficiaries;

        1. Beneficiaries must give notice to Secretary in writing with names and contact details of beneficiaries calling Special General Meeting;

        2. Adhering to AGM notification process described in section 3.2:A ;

        3. Notice of meeting shall include date, time, venue and purpose;

        4. Chairperson maybe appointed on the day, should Trustee Chairperson or deputy is unable to preside;

        5. Filming, recording and distributing meetings as described in section 3.2: G: A &B may be implemented;

        6. Trustees Secretary must attend or a deputy trustee secretary appointed by the Board to record meeting, attendance list and document resolutions carried by a Special General Meeting;


    3. Voting/Poti:

      Quorum for AGM shall be no less than two-thirds of registered beneficiaries; Voting via electronic means, a show of hands, snail mail or email confirmation as a means to gain consensus;

      1. Obtainable through beneficiaries logging into a secure website to participate and vote in AGM, and in major decisions;

      2. Any postal votes for a proposed alteration must be received at the designated address no later than 5pm the day prior to the said meeting where voting will take place;

      3. Only adult members shall be entitled to vote. The expression "adult" shall mean those people who have reached eighteen (18) years of age;

      4. In all cases where postal voting is requested, self-addressed envelopes need to be proved by beneficiary, until such time Ngatiawa Iwi is established financially;

      5. Direct bloodline descendants, have the right to elect persons to represent their whanau with verified signed documentation from whanau;

      6. Providing nominated person has a direct blood link to whanau being represented;

  4. TARI/OFFICE

The office of the Trust will be in such place in New Zealand as the Board of Trustees may from time to time determine.


  1. NGATIAWA IWI - WHAKAHAERE/ THE BOARD OF TRUSTEES

    The Board will comprise of no less than three (3) Trustees and no more than ten (10) Trustees.

    1. With a priority of having a balance of wahine and tane as trustees, where ever possible;

    2. The signatories to this Deed will be the first Board;

    3. The Trustees will elect from among themselves a Chairperson;

    4. A Secretary and Treasurer will also be appointed from among themselves or from non-trust board members; beneficiaries who are registered members;

    5. An election of office-bearers will be held at the first meeting of the Board following the execution of this Deed and whenever a vacancy occurs;

    6. The positions of Secretary and Treasurer may be combined;

    7. A person will immediately cease to be Trustee when she or he resigns in writing, dies, is declared bankrupt or is found to be a mentally disordered person within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or subsequent enactment;

    8. The Board will have the power to fill any vacancy that arises in the Board or to appoint any additional trustees subject to clause 5a;

    9. The Board may continue to act notwithstanding any vacancy, but if their number is reduced below minimum number of trustees as stated in this deed, the continuing trustee/s may act for the purpose of increasing the number of trustees to that minimum but for no other purpose. All decisions must be made with a consensus of registered beneficiaries;

    10. The Board may, by a motion decided by a two-thirds (2/3rd) majority of votes, terminate a person's position as a Trustee and member of the Board, if it believes that such action is in the best interests of the Trust;

    11. The name of the Board will be Ngatiawa Iwi Charitable Trust (NICT).


  1. NGA HUI O NGATIAWA WI CHARITABLE TRUST (NICT) WHAKAHAERE/ MEETINGS OF THE BOARD

    1. The procedure for Board meetings will be as follows:

      1. A quorum will be at least two-thirds of its trustees, using electronic communication systems where necessary;

      2. If a Trustee, including an office-bearer, does not attend three (3) consecutive meetings of the Board without leave of absence that member may, at the

        discretion and on decision of the Board, be removed as a Trustee, and/or from any office of the Trust which she or he holds;

      3. All decisions by board will be decided by consensus. In the event that a consensus cannot be reached then a decision will be made by a majority vote by show of hands, anonymous electronic or paper voting, unless otherwise determined by the Board;

      4. If the voting is tied, the motion will be lost;

      5. In the absence of the Chairperson, the Board will elect a person to chair the meeting, among the Trustees present;


    1. The Board will meet a minimum of four times a year, with monthly Hui throughout the year.

      1. Meetings may be held in person or by any other means of communicating as decided on by the Board from time to time;

      2. The Secretary will ensure that all members of the Board are notified of the meeting, either verbally or in writing;

      3. Or organise electronic Skype calls where necessary


    2. The Secretary will ensure that a minute book and recordings are maintained which are available to any member of the Trust and which, for each meeting of the Board, records

      1. The names of those present;

      2. All decisions made by the Board; and

      3. Any other matters discussed at the meeting;


    3. Election of Officers:

      The election of Officers will be determined in the first AGM held by founding board, and beneficiaries, within a year of being established.

      1. Board will maintain communication with registered beneficiaries through website, social media, email, and snail mail where necessary.


  1. TAKETAKE/ POWERS

    In addition to the powers provided by the general law of New Zealand or contained in the Trustee Act 1956, the powers which the Board may exercise in order to carry out its charitable purposes are as follows:


    1. To use the funds of the Trust as the Board thinks necessary or expedient in payment of the costs and expenses of the Trust.

      1. Including the employment and dismissal of professional advisors, agents, officers and staff, according to principles of good employment and the Employment Relations Act 2000 or any subsequent enactment;

      2. To purchase, take on, lease or in exchange or hire or otherwise, acquire any real or personal property and any rights or privileges which the Board thinks necessary or expedient in order to attain the purpose of the Trust and to sell, exchange, let, bail or lease, with or without option of purchase or, in any other manner, dispose of such property, rights or privileges;


    2. Trustees are not to invest surplus funds or dispose of any individual hapu lands in any way permitted by law for the investment of Charitable Trust funds unless;

      1. A majority vote of a quorum, no less than two-thirds of registered beneficiaries and in full agreement of original owners of said, land.

      2. Voting via electronic means, https://evote.electionz.com a show of hands, snail mail, email confirmation or in writing to external scrutiniser;


    1. Trustees may borrow or raise money from time to time with or without security and upon such terms as to priority or otherwise as the Board thinks fit; and


    2. Trustees may insure themselves against potential liability as trustees; as soon as trust is financially able to do so;


    3. To do all things from time to time deemed necessary or desirable to enable the Board to give effect to and attain the charitable purposes of the Trust;


  1. KO NGA RAWA HEI PAINGA MO TE IWI/ INCOME, BENEFIT OR ADVANTAGE TO BE APPLIED TO CHARITABLE PURPOSES

    1. Any income, benefit or advantage will be applied to the charitable purposes of the Trust;

    2. No trustee or members of the Trust or any person associated with a trustee shall participate in or materially influence any decision made by the trustees in respect of any payment to or on behalf of that trustee or associated person of any income, benefit or advantage whatsoever;

    3. Any such income paid shall be reasonable and relative to that which would be paid in an arm's length transaction (being the open market value);

    4. Trustees are entitled to be reimbursed for actual and reasonable out-of-pocket expenses and given honoraria;


      9.2 The provision and effect of this clause shall not be removed from this deed and shall be implied into any document replacing this deed of trust;


  2. TURU TAKETAKE/ POWER TO DELEGATE

The Board may from time to time appoint any committee and may delegate any of its powers and duties to any such committee or to any person. The committee or person

may without confirmation by the Board exercise or perform the delegated powers or duties in the same way and with the same effect as the Board could itself have done.


    1. Any committee or person to whom the Board has delegated powers or duties will be bound by the terms of the Trust and any terms or conditions of the delegation set by the Board;


    2. The Board will be able to revoke such delegation at will, and no such delegation will prevent the exercise of any power or the performance of any duty by the Board;


    3. It will not be necessary for any person who is appointed to be a member of any such committee, or to whom such delegation is made, to be a Trustee;


11 PÜTEA/ FINANCIAL ARRANGEMENTS

The financial year of the Trust will be from 1 April to 31 March.


    1. At the first meeting of the Board in each financial year, the Board will decide by resolution the following:

      1. How money will be received by the Trust;

      2. Who will be entitled to produce receipts;

      3. What bank accounts will operate for the ensuing year, including the purposes of and access to accounts;

      4. Who will be allowed to authorise the production of cheques and the names of cheque signatories; and

      5. The policy concerning the investment of money by the Trust, including what type of investment will be permitted;

      6. The Treasurer will ensure that true and fair accounts are kept of all money received and expended by the Trust;

      7. The Board may arrange for the accounts of the Trust for that financial year to be audited by an accountant appointed for that purpose;


  1. TE TOHE TAKETAKE/ COMMON SEAL

    1. The Common Seal of the Board, following its incorporation, will be kept in the custody and control of the Secretary, or such other officer appointed by the Board;


    2. When required, the Common Seal will be affixed to any document following a resolution of the Board and will be signed by the Chairperson (or a trustee acting as the Chair) and one other trustee appointed by the Board;

  1. WHAKAREREKËTANGA TURE/ ALTERATION OF THIS DEED

    1. The Trustees may, by consensus or pursuant to a motion decided by a two-thirds majority of votes, by supplemental Deed make alterations or additions to the terms and provisions of this Deed provided that no such alteration or addition will:

      1. detract from the exclusively charitable nature of the Trust or result in the distribution of its assets on winding up or dissolution for any purpose that is not exclusively charitable; or

      2. be made to the Purpose Clause ( 3 ), the Activities Limited to New Zealand Clause ( 4 ), the Pecuniary Interests Clause ( 9 ) or the Disposition of Surplus Assets Clause ( 15 ) unless it is first approved in writing by the Department of Inland Revenue;

      3. An amendment to the Trust Deed shall require as stated in section 3.2: D,E & F and 3.3: A,B,C & D in an AGM or a Special General Meeting.

        d) Amendments may include altering Trust Deed name and content for the purposes to adhere to Post-Treaty Claim Settlement rules;


  2. TAKAWAENGA/ MEDIATION & ARBITRATION

    1. Any dispute arising out of or relating to this deed may be referred to mediation, a non- binding dispute resolution process in which an independent mediator facilitates negotiation between parties.


      1. Mediation may be initiated by either party in writing to the other party and identifying the dispute which is being suggested for mediation;

      2. The other party will either agree to proceed with mediation or agree to attend a preliminary meeting with the mediator to discuss whether mediation would be helpful in the circumstances;

      3. The parties will agree on a suitable person to act as mediator or will ask the Arbitrators' and Mediators' Institute of New Zealand Inc. to appoint a mediator.

      4. The mediation will be in accordance with the Mediation Protocol of the Arbitrators' and Mediators' institute of New Zealand Inc.;


    2. The mediation shall be terminated by…


      1. The signing of a settlement agreement by the parties; or

      2. Notice to the parties by the mediator, after consultation with the parties, to the effect that further efforts at mediation are no longer justified; or

      3. Notice by one or more of the parties to the mediation to the effect that further efforts at mediation are no longer justified; or

      4. The expiry of sixty (60) working days from the mediator's appointment, unless the parties expressly consent to an extension of this period.

    3. If the mediation should be terminated as provided in section 14.A,B,or C any dispute or difference arising out of or in connection with this deed, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in New Zealand in accordance with New Zealand law and the current Arbitration Protocol of the Arbitrators' and Mediators' Institute of New Zealand Inc. The arbitration shall be by one arbitrator to be agreed upon by the parties and if they should fail to agree within twenty -one (21) days, then to be appointed by the President of the Arbitrators' and Mediators' Institute of New Zealand Inc.


  3. TAUNAHA/ TRUSTEE LIABILITY

    It is declared that:

    1. The Trustees are chargeable respectively only in respect of the money and securities they actually receive, or which, but for their own acts, omissions, neglects, or defaults they would have received, notwithstanding their signing any receipt for the sake of conformity; and


    2. They are each answerable and responsible respectively only for their own acts, receipts, omissions, neglects and defaults and not for those of each other, or of any banker, broker, auctioneers, or other person with whom, or into whose hands, any Trust money or security is properly deposited or has come;


    3. No Trustees shall be liable personally for the maintenance, repair, or insurance of any charges on such property;


    4. No Trustees hereof shall be liable for any loss arising from any cause whatsoever including a breach of the duties imposed by Section 13B and/or Section 13C Trustees check Act 1956 (as enacted by the Trustee Amendment Act 1988) (or any statutory replacement or equivalent) unless such loss is attributable:

      1. Accept to his or her own dishonesty; or

      2. To the wilful commission by him or her of an act known by him/her to be a breach of Trust; and

      3. Pursuant to Section 13D of the Trustees Act 1956 it is intended by this clause that the duties imposed by Section 13B and 13C of the Trustees Act 1956 shall not apply to any Trustee hereof.


    5. Trustees must consider the Matapono/Principles and integrity of Ngatiawa Iwi reputation, when making the decision to take proceedings against a co-Trustee for any breach or alleged breach of Trust committed by that co-Trustee.

      1. Beneficiaries must have a vote in all issues pertaining to Matapono/Principles and integrity of Ngatiawa Iwi reputation;


    6. Notwithstanding the procedure or otherwise of retaining assets in the Trust Fund no Trustee shall be liable for any loss suffered by the Trust Fund by reason of the Trustees retaining any asset forming part of the Trust Fund.


    7. The Trustees shall from time to time and at all times be indemnified by and out of the Trust property from and against all costs, charges, losses, damages, and expenses sustained or incurred by them or in or about the execution and discharge of their office or in or about any claim, demand, action, proceeding or defence at law or in equity in which they may be joined as a party.


  4. TE TUKU TOENGA RAWA/DISPOSITION OF SURPLUS ASSETS

On the winding up of the Trust, or on its dissolution by the Registrar, all surplus assets, after the payment of costs, debts and liabilities will be given to other charitable organisation/s within New Zealand as the Board will decide. If the Trust is unable to make such a decision, the surplus assets will be disposed of in accordance with the directions of the High Court pursuant to section 27 of the Charitable Trusts Act 1957 or subsequent enactment.


SCHEDULE 1


THE CROWN’S “20 QUESTIONS”


The Crown’s governance principles for post settlement governance relate to representation, transparency and accountability. The Crown’s governance principles are general in nature. In practice, they need to be satisfied by the development of specific text in the constitution or rules of the proposed Post Settlement Governance Entity (PSGE).


To assist with this, the Crown has developed a set of 20 questions that Ngatiawa Iwi needs to consider, in light of the Crown’s governance principles, while developing proposals for a PSGE.


If the 20 questions are adequately addressed in the proposed governance entity then the Crown principles will in turn be satisfied. Ngat iawa Iwi PSGE, will need to do an analysis and create a plan to address 20 questions as set out below


  1. What is the proposed governance entity and its structure?


  2. How was the proposed governance entity developed?


  3. What is the relationship between the proposed new governance entity and existing entities (if any) that currently represent the claimant community?


  4. How can beneficiaries of the settlement participate in the affairs of the governance entity?


  5. How do members have a say in who the representatives on the governance entity will be?


  6. How often and how will the representatives change?

  7. What are the purposes, principles, activities, powers and duties of the governance entity and any bodies accountable to it?


  8. Which decisions will members have a say in and how?


  9. How are decisions made by the governance entity?


  10. Who will manage the redress received in the settlement?


  11. Who will determine what benefits are made available to beneficiaries?


  12. What are the criteria for determining how benefits are allocated and distributed?


  13. How will the people managing assets and determining benefits be accountable to beneficiaries?


  14. What are the rules under which the governance entity and any bodies accountable to it operate?


  15. Are there any interim governance arrangements in the period between the establishment of the governance entity and the date that the settlement assets are transferred? If so, what are


  16. How will the structure and the rules of the governance entity and any bodies accountable to it be changed?


  17. What are the planning / monitoring / review processes for decisions of the governance entity?


  18. What if members do not agree with a decision made by the governance entity?


  19. How often will accounts be prepared and audited?


  20. Will beneficiaries receive information about decisions that affect them? How? How often?

© Copyright 2013, Ngātiawa Iwi Board
© Copyright 2013, Ngātiawa Iwi Board

© Copyright 2013, Ngātiawa Iwi Board

 
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