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n ~ I IU ~ I I I I I U I U I I I UWW'!.{,!ik9t;i'ti'!ik,g9\1,I1~0508 SOClETIES 050e. 762 438 * 10058405197*Postyour form to: Companies Otfice, Private Bag 92061, Victoria Street West, AlieManu Hq-<
Cover sheet
Variation of trust / Alteration of rules of a charitable trust boardSections 23 and 61 Charitable Trusts Act 1957
Usethis form to noti fy the Registrar of Incorporated Societies of changes to a Board's trust deed or rules.
Please enter the name as it appears on the Register of Charitable Trust Boards. You can confirm the ful l name by
carrying out a Register Search at ~!~9fi_~tl~~,.I9\1,I1?:
1.Name of Board
Waikato Tainui Whanau Hauora Trust
2. Registered number
1554227
3.Checklist before fil ing:
l{l The variation of trust/alteration of rules complies with the Charitable Trust Act 1957.
Any change to the purpose of the charitable trust must comply with the Act. Note I The document can only be
registered if the purpose continues to fall within the following categories:
• the promotion of education;
• the promotion of religion;
• the relief of poverty; or
• other purposes of benefit to the community.
If you are changing the name of the Board, have you checked that the name is available by doing a Register
Search at www.companies.govt.nz ...?
Note I Section 15of the Charitable Trusts Act 1957 regulates Board names generally.
4. Signature
5. Date
6. My contact details
NPC#23
1.t \ t \ O ~ . -BUSINESS s REGISTRIE~
BRANCH. ~UCKLI-\NO_·..,n"I~U ...__"
Name and postal address Email (optional)
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TRUST DEED
of the
Waikato Tainui Whanau Hauora Trust
Dated: This 04th Day of November 2009
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IN THE MATTER of the Charitable Trusts Act 1957
IN THE MATTER of the
WAlKA TO TAINUI WHANAU HAUORA TRUST INCORPORATED
THIS DEED OF TRUST made the 04th day of November 2009
DECLARED BY:
Name:
Address:
Occupation:
Name:
Address:
Occupation:
Name:
Address:
Occupation:
Name:
Address:
Occupation:
Name:
Address:
Occupation:
TR US T D EE D
Tukuroirangi Morgan
15 Tawa Road Te Atatu Peninsula, AUCKLAND
Director
Brownie Rauwhero
19 Leaver Place, Clendon, AUCKLAND
Cultural Advisor
Martin Cooper
29a Elizabeth St, Tuakau, AUCKLAND
Community Employment Advisor
Taitimu Maipi
12 Taniwharau Street, HUNTLY
Trustee
Frances Fletcher
38 Lisa Rise
Manager
2
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(Called "THE FOUNDING TRUSTEES" and for the time being are
"THE TRUSTEES" of this DEED)
\VHEREAS
A. The Trustees wish to create a Charitable Trust to carry out the objects in this Trust
Deed.
B. The Trustees hold the sum of ONE HUNDRED DOLLARS ($100.00) to establish
the initial Trust Fund.
C. The Trustees are entitled to apply to be Incorporated as a Board under the
Charitable Trust Act 1957 to carry out the objects, powers, and rules set out in this
Trust Deed.
THIS TRUST DEED TO BE WITNESSED as follows:
1. NAME
The name of the charitable trust to be incorporated under the Charitable Trusts Act 1957 is
Waikato Tainui Whanau Hauora Trust, and may be referred to in this Trust Deed as the
"Trust."
2. OBJECTS
The objects for which the Trust is established are generally to provide health, education,
and social services within Aotearoa:
AND TO FURTHER THESE OBJECTS THE TRUST MAY DO ALL OR ANY OF THE
FOLLOWING;
(a) To promote health and medical services generally to communities and individuals
within the Tainui tribal boundaries, the Counties Manukau district boundaries, and,
when and where determined, other boundaries within Aotearoa.
T RU ST D EE D 3
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(b) To provide a broad range of health services for Tainui Iwi, Hapu, and Whanau but
not exclusive of Maori from other Iwi or other people of Aotearoa.
(c) To contract to government health authorities, district health boards, and private
health and medical boards within the said boundaries to provide and deliver healthand medical services.
(d) To engage health and medical service providers to deliver health services, as
required, to fulfill any contracts or business activity undertaken by the Trust.
(e) To initiate and develop health services as charitable activities of the Trust.
(t) To promote, develop, and advance social services that improve and complement the
health and social well-being objects of the Trust.
(g) To engage with social service funding agencies and providers to further the objects
of the Trust.
(h) To promote, develop, and advance broad education and information services to
improve health awareness issues, recognition for improving health performance and
delivery, and advocating commitment and support for the health initiatives of the
Trust.
(i) To promote and invest in education, research, and health information technology to
further the objects of the Trust.
(j) To recognise, implement, and uphold the tikanga ofTainui and the special character
and relationship of Mana Whenua me te Tangata Whenua within the objects and
activity of the Trust.
(k) To develop and maintain relationships with organisations with similar objects,
expectations, initiatives, programmes, and special character within the objects of the
Trust.
(1) To undertake any other purposes within Aotearoa, in accordance with New Zealand
laws that are charitable, whether such purposes are for the relief of poverty, the
advancement of religion or education, or any other object or purpose beneficial to
the community and that are consistent with the objects.
TR US T D EED 4
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3. INCORPORATION OF A BOARD
Under this Trust Deed the trustees shall apply to be incorporated as a Board under the
Charitable Trusts Act 1957.
4. THEBOARD
(a) For the time being the persons that are signatories to this Trust Deed shall be the
founding trustees of the Trust and shall constitute the initial Members of the Board.
(b) The Board shall elect a chairperson from within their Board at the first meeting of
the Board.
(c) The Board may elect from within their Board a Secretary and Treasurer.(d) The Board may co-opt outside their Board a Secretary and Treasurer as members or
ex-officio members of the Board.
(e) The Board shall consist of no less than five (5) members and no more than seven
(7).
(f) The term of office for each Board member shall be for five years from the first
meeting after Incorporation of the Board and in case of Rule 4 (d) the same term of
office shall apply.(g) Any Board member may be removed from the Board by a majority vote of the
Board members if he or she;
(i) Is unable to perform his or her duties
(ii) Does not attend three consecutive Board meetings without adequate
explanation
(iii) Providing that the affected Board member is notified at least fourteen (14)
daysbefore the proposed removal, the reasons for the proposed removal, and
be given the opportunity to reply to the proposal for removal at the meeting
considering the proposal.
(h) Any Board member may resign from the Board by giving notice in writing to the
secretary of the Board, or the chairperson if the resigning Board member is the
secretary, and the resignation may take effect immediately providing the resigning
Board member has handed over any property belonging to the Trust.
TR UST D EED 5
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(i) After the expiry of the term of office of each Board member the following
appointment procedure will be applied;
(i) Board members shall be appointed from "Nga Hapu 0 Tamaki Ki Raro".
(ii)Board members may apply Rule 4(d).
(j) The Board shall have the power to fill any vacancy on the Board up to the
maximum number permitted under these Rules.
5. POWERS AND DUTIES OF THE BOARD
The Board shall be responsible for transacting all matters pertaining to the affairs of the
Trust in accordance with the objects and may exercise and perform all or any of the
following powers and duties;(a) To enter in to any negotiations, contracts and agreements in the name and on behalf
of the Trust as it may consider expedient for its purposes, provided that any
negotiations, contracts and agreements are consistent with its objects.
(b) To purchase or acquire for the Trust any real, personal, intellectual property or any
rights or privileges that will benefit the Trust.
(c) To borrow or raise money or to appropriate funds from persons or organisations on
such terms and conditions that the trustees see fit.
(d) To receive and give receipts and execute discharges for all gifts, legacies, or other
monies and to execute any trusts created for any objects of the Trust.
(e) To invest the funds of the Trust in such securities for the time being authorised by
law for the investment of trust funds in New Zealand and where necessary vary any
such investments.
(f) To make provision for the signing of cheques or other negotiable instruments on
behalf of the Trust and to open bank:accounts to effect the business of the Trust.
(g) To engage contractors and employees for the Trust to carry out the objects of the
Trust.
(h) To co-opt persons with special expertise or skills to assist the Board and any other
organisation duly authorized, constituted, or recognised by the Board.
TR UST D EED 6
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(i) To delegate management, administrative and financial functions and duties to
properly appointed persons or suitably qualified persons to fulfill any obligation,
contract, undertaking, task, or duty identified and approved by the Board.
6. PRIVATE PECUNIARY PROFIT
6.1 No private pecuniary profit shall be made to any member of the Board except that:
(a) Any member may receive full reimbursement for all expenses properly incurred by
that member for costs related to the affairs of the Trust;
(b) The Trust may pay reasonable and proper remuneration to any member or servant of
the Board for professional services actually rendered, time expended, and any acts
done in the ordinary course of the business affairs of the Trust;(c) Provided that no member or person associated with any member of the Board 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 market rates; or
(ii) Interest on money lent to the Trust at no greater rate than current market
rates.
6.2 Any member who is or may be in any other capacity interested or concerned
directly or indirectly in any property or business activity in which the Trust may be
in anyway concerned or involved with, shall disclose the nature and extent of that
interest to the Board, and shall not participate in any deliberations of the Board
concerning that particular property or business activity.
7. LIMITATION OF LIABILITY FOR TRUSTEES
7.1 No trustee for the time being shall be liable for:
(a) Any loss not attributable to the trustee's own dishonesty or to the willful
commission by that trustee of an act or omission by the trustee to be a breach of
trust; or
(b) The acts, omissions, or defaults of a co-trustee; or
TRUST DEED 7
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(c) Any act done in good faith in conformity with the decisions of the trustees; or
(d) The neglect or default of a solicitor, banker, accountant, or any agent or servant
appointed or employed in good faith by the trustees.
7.2 No trustee shall be bound to take any proceedings against a co-trustee for anybreach or alleged breach of trust committed by any such co-trustee.
8. REGISTERED OFFICE
(a) The registered office of the Trust shall be at such a place that the Trust may
determine from time to time and any change shall be notified to the Registrar of
Companies.
(b) The current registered office of the Trust is;
141Kolmar Rd, Hunters Comer, Papatoetoe, AUCKLAND
9. MEETINGS
9.1 The Board shall convene at least six (6) meetings in every year.
9.2 Meetings of the Board may be conducted via telephone, video-conferencing or other
forms of electronic media as determined by the Board.
9.3 Annual General Meeting
(a) At least one meeting of the Board shall be an Annual General Meeting.
(b) The Annual General Meeting shall be held in September of each year on a day
determined by the Board.
(c) At each Annual General Meeting the Board shall elect a chairperson and elect or
appoint a secretary and treasurer according to Rule 4(c) and lor Rule 4(d).
(d) In addition to the appointment of office holders the Annual General Meeting will
carry the following tasks:
(i) Consider and adopt the Annual Report
(ii) Consider and adopt the Annual Financial Accounts and Statements
(iii) Appoint an Auditor
(iv) Consider any other business that may be brought before an Annual General
Meeting.
TR US T D EE D 8
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9.4 Notices
(a) Notices for all Board meetings may be given in writing to each Board member at
least seven (7) days prior to a meeting and that notice may be delivered either by
email or fax to the last known contact address of the Board member.(b) Notices for any Board meeting may be notified at the last meeting prior to the next
meeting of the Board providing any Board members that are absent are notified in
writing.
9.5 Quorums
The quorum for any Board meeting shall require a majority of the Board members
to be present.
9.5 Voting
(a) The method of voting at Board meetings shall be by agreement of the Board
members present.
(b) Resolutions may be passed by a consensus of Board members however failing a
consensus being reached a simple majority vote will be needed to pass a resolution.
(c) Every Board member present shall be entitled to vote.
(d) There shall be no proxy or postal voting.
(e) A declaration by the chairperson that a resolution has been carried or lost
unanimously or by a particular majority and is entered to the effect in the minutes
shall be conclusive evidence of the fact without further proof of the number of votes
for or against the motion being required.
10. FINANCIAL REPORTING
(a) The Board, through the treasurer, shall keep proper records of accounts
(b) Full and proper financial accounts are to be prepared by the treasurer and
considered at all Board meetings.
(c) All funds received by the Board shall be deposited into the Trusts bank accounts.
(d) All cheques and withdrawals shall be signed by the treasurer and countersigned by
one of any three Board member signatories authorised to do so by the Board.
TR US T D EE D 9
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(e) The end of the financial year for the Trust shall be 30 June.
(t) The Board shall appoint an auditor to audit the annual financial accounts.
(g) The income and property of the Trust shall be applied solely to further the objects of
the Trust.11. ALTERATIONS TO THE RULES
The Board may alter, add, amend, or rescind any rules at a Board meeting provided that;
(a) Written notice of motion for the proposed change is included in the notice calling
the meeting
(b) The meeting may amend the proposed motion(c) A majority of the Board members present agree to any change of the rules
(d) That no alteration, addition, amendment, or rescission shall be made to the rules that
are in conflict with;
(i) The objects of the Trust
(ii) The charitable objects of the Trust
(iii) The Charitable Trust Act 1957
(iv) Income tax exemption status of the Trust
(e) No private pecuniary profit shall be made to any member of the Board except that:
(t) Any member may receive full reimbursement for all expenses properly incurred by
that member for costs related to the affairs of the Trust;
(g) The Trust may pay reasonable and proper remuneration to any member or servant of
the Board for professional services actually rendered, time expended, and any acts
done in the ordinary course of the business affairs of the Trust;
(h) Provided that no member or person associated with any member of the Board 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;
a. Professional services to the Trust rendered in the course of business, charged
at no greater rate than market rates; or
T RU ST D EE D 10
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b. Interest on money lent to the Trust at no greater rate than current market
rates.
12. USE OF THE COMMON SEAL
(a) The Trustees shall obtain a common seal for affixing to instruments.
(b) The cornmon seal shall be held by the secretary and will be used only when
authorised by a resolution of the Board and signed by the secretary and one other
Board member appointed to sign that document by the resolution.
13. DISPUTE RESOLUTION
If a dispute arises at any time in respect of any matter which is not provided for in theseRules or any doubt exists as to the interpretation of these Rules or any other matter arises
pertaining to the Trust, the same shall be determined by the Board whose decision shall be
binding and final.
14. \VINDING UP
(a) In the event that a proposal is made for the Trust is to be wound up the Board shall
call a meeting to present the reasons for winding up.(b) If a resolution is passed to wind up the Trust a second meeting shall be called no
sooner than thirty days (30) and no longer than forty days (40) after the first
meeting.
(c) At a second meeting a resolution must be passed to wind up the Trust before the
Trust can be wound up.
15. DISPOSAL OF SURPLUS FUNDS
If upon the winding up or dissolution of the Trust there remains after the satisfaction of all
debts and liabilities any property whatsoever, the same shall be given or transferred to some
other charitable organisation or body having objects similar to the objects of the Trust
within New Zealand. In the event of default where the Board is unable to agree the
remaining surplus funds shall be distributed as a Judge of the High Court directs.
TRU ST D EE D 11
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IN WITNESS OF WHICH this Deed has been executed the day and year first written in
this Deed.
- - - -LA/C-t ,-¥o)RtfAf 4 / 1l4J';:~/}yJTrustee Name
f : Z . .Address !.~~~ / J ~ A f . : 4 L { ~ . ~ , , : : ~ _ J A . .
SIGNEDbytheabovenamed.~. ~"Q . .// // , ~ ~ ~ /r;:;J -t '1 7 /yJt~ fW4/n
TrusteeN~~";· · · · · · I;z_· ·%;;~·~· ·?;;; · · · · · · ;a:~"'f . · · · · · · · ·AddressL y.~ .
SIGNED by the above namy ?~ .
TrusteeName1?fj; .... · ~ · : 7~7~ '( i r:r r I n { 'Address.... . < 6 . ,. . , ." . " " r ~ .~ r- r .7 "'. ..,. ".,. ..P . . . " . . w . ' J . q . ~ . . . if?" ~.0 < -
SIGNED by the above named .. ". "/" ,~~~"'"'''''''''''''' ''''''''''
Trustee Name 11 .~!. (,~ 1 . / ! : ' : r . I ! . ~P.f. f 1 ? : . .
Address f c . . 1 . . ~. fC; !1 .~.9.?lg ..'ilf/(J. .~ c.~@n
SIGNED by the above named.."~+' 2..~ .Trustee Name ..fZC : : ~ : : - : ~ : : - : : : . ~.~e::,~~ ~ : J ~ . ~ : - . ~ .~ - : ! , : I . : : - f : .
Address ?~ ~:?~ ..~ ::?-: ~ If7 · " " : ' : ' : · ·~l ..··..f"'·· · .SIGNEDbytheaboVenamed ~~.~ .....¥-J!...~ ..
WITNESS: Beforeme: /.~0~ Mi~~SIGNED by the above namel ~ ..
DATE:
This is the document marked "A" which is referred to in the annexed declaration.
T RU ST D EE D 12