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    2016 Draft Trust Deed

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    Habib Yusufu Mdala

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    2016 Draft Trust Deed

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    Habib Yusufu Mdala
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    2016 draft trust deed

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    19 views14 pages

    2016 Draft Trust Deed

    Uploaded by

    Habib Yusufu Mdala

    Copyright:

    © All Rights Reserved
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    Trust Deed Establishing the NGATI RUAPANI MAI Wl ANA NEGOTIATING GROUP evs bra [Blana as Trstess| Dated 2016 Contents 1. Interpretation 1 2, Direction ang acknowledgment of rust, 2 3. Objecte of Trust. 2 4. Name of Trust rata d 5. Applistion of income. 2 6 Applicaton ot capital er 7. Reosit of charitable rcipiont con 8 Donations 3 8. Resetlemont cet’ 10, Trustees. 3 11, Trustees powers and decisions 4 12, pecounts 4 18, Advisory Tusiee, Custos a] ‘4 Pecuniary prot ana bones 5 415. Uation of ia < poe 46. Governing aw 6 17. Pow of amendment aT Schedule 1: Powers of Trustees a) Schedule 2: Mootngs of Trustees " estou Senet Cate Tat ‘his Deeds mad on aoe between (1) (al tee of 888 rte Stor) ana (2) AL Hee, of see (6), AE, of a and BREE (te Trusloos") Recitals |A. The TTust shall solemnly facltate 2 Ngati! Rugpani mal Walaremoana satlement outcome th heals ur whanau: ros the prestige of ow Wakaremoana mares exctos ov" rangatahiand tring the rtum of infuence ovr our aonga Packt Wstaremoana, 8, The Trust must ring about ending development for Wakare and pha and thal relsfores the values, behaviours and whanau thats bot eration pes tat wil be aceasary to teal the coming tre ©. The Settor has transfected an amount of Ten Ooi the Trustees, and tends to ‘ranoer Propary fo the Trstaes to be held by ty ‘rusts and win the dues, powers aa tecetons stout inthis Deed. D. The Tiust & inlended to represent Neat Ru stsblshment fa Pos-Setement Goverance Ent Itis agreed 1. Interpretation 1.4 Definitions In this Deea Advisory Taste on sppdinied 2 an advisor tusee under Clase 13. ‘Charty means any rut eniy tat has purposes in Now Zeslad ha are whol chartabe ‘Custodian Trustee means person appoinied a @ custodian rust under Cisse 132; Financial Year means the period ending an 31 March or auch oer balance date 2 may be determined by the Trustees gst! Ruapant mai Walharemoans mare whanau mamera wha descend from tha tipuns Hineka, or Pukehore and o Teva’ and who aise fo one oa oF he marge being Te Kona ‘Tare Te Petee andor Te Wamako, Nominee means a person appointed a @ nominee under Cluse 132; Property mean aleal and personal property (ncusing chosus in acon, ahs, nerests and money) “Trust Fund means all Property that lem moto tne held by the Trustees onthe tts of tis Deed 4.2 General references In this Doed a roforencs te: (@) One gender includes each otter gender, (@) The enguarncadee the plural snd vie vrs (©) Parties is reference tothe parts to tis Deed and includes thse pares’ successors, parmitled assignees ard permitd vanserees, (Persone inctuses = rofererce to human beings, compari, eorporasons fms, parierships, jot ventures, assocaions, organicatons, estas, trusts, sles [Sgences of state, governmert departments and focal and rnniipal autores each ase iespeatve of whaler having a separata legal personaly (e) Clauses, schedules and rectal 9 reference tothe clauses, schedules and rectal of this Dood excopt tal relerenoes fo the clauses ofa schedule are references 1 Te Cases of at shel (9 An agrooment includes the agreement , supplemented, nove or ‘Sse rom timo te, (0) Lopsatonineudes amendments toa actnowedge thatthe Tastes wil fable purposes a¢ the Tusieos shall fom tie to tne ne Settor deve thatthe Trust Fund must be applied aro sed the Objects asthe Twstoes fom ime to be decide upon tha Carty is niente oven abies 4. Name of Trust 44 The Trusts o be know as the Ng Ruapai mai Waikarmoana Negoatng Group Tust but the Trustees nay amend or change the name by dood ‘42, Te Trustees may apt forthe Tt be icarporated unde he Charitable Trusts Act 1957. 5. Application of income 5.1. The Tastes may at any tine, after payment of or provision for a oss, charges and eeenses ofthe Trustees roiaton fo fhe ostabletment, management and acrinisvation of the Tus, ay appt aller any ofthe income af he Tua promato or advance such ofthe Obets 36 Fhe Trustees determine. Incudng any Object thal eats fo a Designated Trust Fund as uprima Wakao Negeri Tt a4 84 82 83 84 ot 10, 10.4 102 103 104 Application of capital ‘Tha Trustees may at anytime pay or apply a or any ofthe capital ofthe Trust 6 promete or ‘advance such of the Objects as te Trostacs determine, incudng any Object at relates toa Designated Trust Fund, Receipt of charitable recipient “hf of te secretary wane or cer fice of ay Carty ew al of ayo he or spptcation. Donations “The Tustoes may accep any Property thats donates othe ‘The Trustees must not secept any Property subject © chlevemont ofthe Objects ofthe Trust 1 Property i accepted by the Te erations, tuts, lables or otigations (COonatod Property Restietons), ithe Proper (and any procaads of fAspostion oF) as par ofthe Trust Fi 2 Donated Property Resilons and ‘must pay of apeiy (the extent ofthe Property Restons. The Tastees| of he Tus Fund upon true forthe pert one or mare of he Objects asthe Tustaes dose, but the eet "must not breach the rule aganstperptuies as K aples to charbes “There shall bea minimum of tres Trustees and a maximo of eight Testes, ‘A parsons eligi to be @ Trustee the person snot dsqualiied by section 18 of the Charles ‘ach 2008, Ine power of spoinment of new tustess of me Twst Is vested inthe Trustees. Every _appontmant of new tusie of fe Trust unde ths Clause 103 must be made wea ‘Aperson shal caase tobe a Trusts ithe Trustee: (@) Resigns or ers by giving wrt noc othe ther Trusts; (6) es; (© Ceasos ob elgboto bea Trusiee under Cause 102 ao Rupr Waka going Gow (8) Rotuses actin his orher capac 28a Tsao 410.5 _Upen a person commancing or casing obs a Trustee, the Trustoos chal record that fin the minute Book of tha Trust| 106 me ings ofthe Trustoes shall be governed by tn ues contained in Schedule 2. 10.7. Every decison ofthe Trustees i rlaton tothe Trust andthe Trust Fund may be deeded by major vee 11. Trustees’ powers and decisions 11.4 The Trustees have all the powers ofa natural person and al other powers that the tw permits tisees to have, 11.2. Witt timing any of the powers ofthe Trusts, the Trustees have the powers sa ut In Scheclle and may nthel discretion exercise any one orgpoe of tase powers pursuit of the general admintaton ef the Trust 11.3. The Trusts may invest al or any ofthe Trust F law of Now Zealand forte vestment of he pet tat permite by the ‘otherwise pei by tis so sal of spose of any Property. 11.4 The Trustees in thir absokte and Iscretion may exercise al powas and aerators ofthe Tistees at ay tm 1 condlon an nach manner athe “Trastoe hink 12. Accounts 12.4 The fnancal records and annual accounts must alays be avalable to be Inspected by the Trustees, 12.5. The Trustees shal prepare, or cause fo be prepared, nancal statements for each Fanci ‘Yea and sha procre the rvow ofthe fans statements by an independent reviewer 12.6 Atleast once in every calondar year, th Trustees chal procent an annus ep, icludng the financial statements Yor the most recent Financial Yes, to a puble meeting tat shal be versed by note on the website ofthe Trust 13, Advisory Trustee, Custodian Trustee and Nominee 18.1. The Trustees may, by rescluion in wing, appeint any personas an advisory tstes ofthe ‘Trust. "The Advisety Trustee sal have the stalus and power cone on sieory tion By the Trustee Act 1056, ‘Nes usar ma Wokaremoan Negotang Gr Tat 13.2. The Trustees may, by resouton in wriing, appoint any person as a custotlan tstee or tominge of he Trust Fund The provisos of the Tree Act 1055 shall apply asf referencos {Nt oa custodian ruses woe reeranen to Custodian Trustee of Nominee except 35 odes (restensed 36 flows (2) Alor any ofthe Tst Fund may be vested in the Custedin Trustee or Nomina 2 if he staan Triste or Nominee were sole rusts: (©) The portion ofthe Trust Fu thal rom te to be vested inthe Custosian Tustee or Nominee le the Gusta Trust Fund, andthe provisons of secon 60a tha Trsioe Act {088 eval apply af relerences In to he tus! propery wore references to the (stasis Trust Pun (©) The Custodian Trustee or Neminge must ()Gotinand hol the Custodial Trust Fund, {loves & and spose of tin accordance Thistees ‘any diction in wetng by tho (Execute all documents and pertorm a gig tne Trustees in wing dct 13.3. The Trustees may, without needing to ave Custodian Twstee or Nomines by rescluton iting 184. The Trstees may pay a fee to the Advisory Trust@estoian Trustee o Nominee. Pecuniary profit and bene! © fey reasonable and proper remuneration to any person et fm oF Company (tne an 2 Testes etn fo services actualy rendored tothe Task (@) ach Trustee may be paid a usual poessional, business oF trade charges for services fendere, te spent and ets cone bythe Trucae or by any fm or ently of wien the ‘Fuse a member employes or associate connection wih the aflars ofthe Trust 14.3. The Twstees, in determining al reimbursements, remuneration and charges payable in terms of ths Ged, mat enere tat he rations impel hy Cnn a sm sy beeen 144 Notwithstanding anything fo the contay In ths Deed, no remuneration or benefit or aivantage (regards of wither fs converte le money o income of any of he nds refered ton eation CW 35(1)() and (5 10 (8) of te Income Tax Act 2004 shal be ald oF aflorced to oF Teoelvad ar gained or acsoved or drives by ary person (ihe Determining Person’ secon {GW 361) ofthe income Tax Act 2008 denis the Trustees an exemption from tax or Income ‘derived by the Trusts from he cating on of any Business by or on behal oer or the beni ffthe Trustoos nthe crcumstances lout Clause 145, 44.5. The choumstances refred tain Clause 144 are those in which the Determining Person ot Rupa rs anaroneta Nagtang GT (@) a Settororatustee of the Trust or (©) a shareholder orirctr of any company caring on any business fo forthe Tut or (@)_— a sete or trustee of any tust which is @ shareholder of any company carying on any ‘uninag oo forthe Trust or (®) an associated person (as defined by the Income Tax Act 2004) of any Trustee or any Such elo, sherenoter, eestor or toe = and the Determining Person can, by vitue of beg Selo, 9 Triste of such shareholder, Aiectr,wusie or associated person. In any way (wether direct oF ndecth) determine. ot Imateraiy inluenco In any way ne determination ofthe native of the amount of He Fomuneraon or benef or savantage or income refered fn Clause 144 or he creuritances in when itis or bo raced. gained, achieved, afforded or derved by the Determining Pereon 14.8 A parson who, in the course of and es part ofthe carying on of his or her business of 2 professional plc practee, renders professional services tae Trust shana, by reason oly {This or her rendering professional saves tothe Trust pal breach of Cause 14.4 Limitation of liability and indemni 18.1. No Trustee ie lable forthe consequence consequence or toss fr atnbuable fo Hor her heros beach of ust. omission for any fss unless the ‘oro the wit commision by hm 18.2. No Trustee is bound to take any pre reach of bust bythe co Trustee for any breach or aloged 183 to the Trust by any breaches of tust or felts of any attomey, cotgat retary, employee or any ater person (eusng. 5 peso) apponted er engaged or empoyed 8) them, despite 18.4 No Trustee Bt trust or for any los in elation othe Trust's ates of Investment vestments af the Trust Fund arernot dered, 18.5. Each Tustoo i uly Myc by and out of he Trust Fund (whether rom capo iacome) for any loss or lay tthe or she eure the eating out oF amision of any fmeton, ty ower oe dscreton ofthe Trustees under this Deed and in reapct of any cutay cr Boenses Freud by nim or Fer the management and saranistaon af the Test unless the loss oF laity i stbuabie to is or her dshonesty of fo the wit commission by hm or har ef & breach of trust, 15.6. The inormty given by Clause 15.5 extends to any loss or labilly which 2 person incu, afer {pacing in hn rinen thigh he caring ‘tf any foneson ty, power eect te ‘rastos, whet the caring Ut took place betore, during or forthe peiod in whch he parson was 2 Trust 16. Governing law 16.1. This Deed and the Trust are govemed by and consid in accordance wth the laws of New Zealand, bt the Tustes have power at anytime by deed to change the governing lw Ns apni mavens gag oop Tat 16.2. The couts of New Zealand have exclusive jurisdiction to decide all clas, actions or ober proceedings in comecon wh the Trust otis Deed 17. Power of amendment 17-4. Subject to any relevant laglaton forthe time being in force relating fo chatable ts, the “Trustes have power by deed @ to amen, revoke oF ad to any of the provision of his Deed unless to do so woul ‘mend evoke ofa othe Objects or would enable a payment or application of any ‘ato inert Fund ins manner that Insole lh Ye Oe: a notwahstanding paragraph (of this Clause, to amend, revoke or ad othe Trst Dd Ioucing the Gljects and fo tha extant that ff necaeeary to do so fo tho Tat © ‘ua asa chartable rst unr th Ieome Tax Rel 2007 or the Charties Act £008. Execution Executed as deed sic by tA as. Seton ard Trustee Fie presence af. Wiese Signatire ~Ceeupation aos Wiese Name a span ma Waren esting pT ‘SIGNED by 8), sa Trustee inthe presence of: Bl ‘Wineas Snare ‘reas Name ‘are SIGNED by aeeeataneeenaeee =) asaTrusice 1 inthe presence of: } Wines Seratre ‘Wines Name ‘ost span ma vsnroane egg rose Ta Schedule 1; Powers of Trustees 1, The Trustees shal have powerin accordance wth Clause 112 ofthis Deed (@) Tac one form any business, whether or ntn partnership ot ventue, tc achove the Object fhe Trust (0) To form or acquire any company to achieve the Objects ofthe Trust (©) Toener ita contrate forthe proviin of serves to achieve the Objects of he Trust and {Geto soit venture wih ear chaviale ent inorder to achive the Chere of the Tost (To opon and maintsin 2 bank acount and te decide who wil be the lgnctors to that account {e) Tosoque, nota and asposeof Property (9 Tolease Property (@) Toran eases of Propet () Toborow or obtain ere; ()Toguaranee or act as a suey; o yn ourency and 10 make or receive oy not he Trustoas, 0 ™ ofthe Trust Fund owards the payment of any labios bythe Trustees or fang dein fare, other socunty thats pat of the Trust Fue! ong oF contaling or decision-making sighs or powers etching (W) 2 concur in any reconeructon or amalgamation of tor in any moan ofthe ‘gh ofthe Halere of or of others inerested In and goneray Io at nrospact ot (0) Te advertise he Tst end the Objects; (0) 0 obtan meorporavon or region of tne Tustin sccordance win any law nem te 0 ten force vlan o charitable trusts (@ To appoint or engage or employ any person er company (cluding any ofthe Trusts) for any pri (026 an expert or professional poreon or entity to az on or ery out ary ofthe trusts and powers authorised by this Deed or Nao usar Wekaencana Netty ou Task © ° ® w (0 25. storey or delegate forthe Tastes io New Zealand or elsewhere fr al or any of ho purposes of tho Tost (8) _a8.amanager or agent for or on behalf ofthe Trustees nar sny matter relating to the management and the conl ofthe Trust and any business owned bythe Trusoos or whieh Hoy aro oonearned oF (0) as Secreta oF o ‘o.act woon any opinion or advice or ntrmaton obtained fom a person cx entty fered {0'n paragraph (ai) of ts Sched an employee of he Tastes in alo any mates relating tthe Trust To determine al questions and mater of doubt which may arise Inthe couse ofthe management, administaton, investment. reatsaton, ditrbuton, guidaten patton, Fesatlement or wring up of tha Trust Fund or te Trust, orto apply for drectons under ‘Seaton 65 of te Trustee Ael 1066, General odo al suc oer awl acs and thing Stare incidental or conduc to the Stanmant ot he Objects: and Subject to Clauses 16.110 144 of the Tusyfbod, to pay costs or expenses incured Inthe course ofthe Tustoes ischarging@ayng out or exBtging any of oe datos and powers. ‘a uayanimai strona ng Coup Tas 0 Schedule 2: Meetings of Trustees 1. A-quoram of rstees shall boa simple majority of the Trustees, 2. Subject to these rules and to this Twst Deed, the Trustees shall mest and regust their ‘meetings as thy tink 3. ‘The Trustees may om de tote appoint one of ther sumer as Chal ofthe Trusses and