ratepayers and residents trust
In these rules, unless the context requires a different interpretation:
(a) "The Trust" means KareKare Ratepayers & Residents Trust
incorporated under the provisions of the Charitable Trusts Act 1957.
(b) "The Board" means the Board of Trustees constituted hereby
as the controlling executive of the Trust.
(c) "The objects" means the objects set forth in Rule 4 hereof.
(d) "Member" means a person for the time being one or more of
the categories defined in Rule 6 hereof.
(e) "Year" and "financial year" means the period beginning
on 1st January in every year and ending on the 31st day of December next
The name of the Trust is KareKare Ratepayers And Residents Trust.
The office of the Trust shall be at such place in KareKare or elsewhere
in New Zealand as the Trust any from time to time determine.
The objects for which the Trust is established are:
(a) TO promote the common interest of the residents and ratepayers of
Karekare and insofar as those interests are consistent with the interests
of the citizens of New Zealand generally to promote such common interest
and to initiate implement and support such matters as may be for the protection
advancement or improvement of Karekare.
(b) TO ensure the best development of all publicly owned areas of land
at Karekare for the best community purposes.
(c) TO preserve the character amenities and environment of Karekare in
the best interests of the community as a whole and to ensure that all
attempts to destroy damage or detract from such character amenities and
environment whether by local or government authorities is resisted for
the benefit of the community of Karekare as a whole and for the protection
of the environment for the people of New Zealand as a whole.
(d) TO educate promote and encourage all manners of outdoor education
in the Karekare region.
(e) TO encourage the preservation of the natural characteristics of the
Waitakere Ranges abutting Karekare and. developing the Auckland Centennial
Park to the extent most appropriate to the objects hereinbefore stated.
(a) To purchase, erect, build, take or lease or otherwise obtain the use
or occupation of, to manage, extend, improve, develop, alter, maintain
and repair and to sell, lease, let, donate or otherwise acquire and dispose
of real and personal property of every description.
(b) To accept any gifts, whether by way of endowment or otherwise and
whether by gift inter vivos or by way of devise or bequest given for the
furtherance of the objects of the Trust or any of them and to accept and
to discharge trusts attached to the subject matter of any such gift.
(c) To consider and recommend, approve or oppose, changes of law and administration
relating to or affecting the objects of the Trust.
(d) To borrow or raise or secure payment of any money for the furtherance
of the objects of the Trust either with or without security.
(e) To invest all or any moneys held by the Trust on the Trust's behalf
hereof in and upon investment authorised by the law for the time being
in force in New Zealand.
(f) To subscribe to, become a member of or co-operate with any other body
or persons or institutions whether incorporated or not whose objects are
altogether or part similar to those of the trust and to procure from and
communicate to such bodies or persons or institutions such information
as may be likely to forward the objects of the Trust.
(g) To retain and engage members of any profession and to engage and employ
clerks, employees and other persons for carrying out any objects of the
Trust and to pay such sums to such employees by way of salary, remuneration
or honorarium as the Trust may think fit and it is declared that a person
may be so employed by the Trust notwithstanding that he or she may hold
any office in the Trust.
(h) To institute, initiate or take and to defend, compromise or abandon
legal proceedings involving the property or affairs of the trust.
(i) To adopt such means as the Trust may from time to time determine for
the purpose of raising money and for obtaining property for the furtherance
of the objects of the trust and to accept subscriptions, contributions,
collections, donations, legacies, devises, gifts, grants and subsidies.
(j) To secure in such manner as the Trust shall think fit the repayment
of any moneys borrowed or raised by the Trust and in particular by the
issue of debentures or debenture stock perpetual or otherwise charged
upon all or any of the property of the Trust at present and future to
sign and execute in the prescribed manner mortgages, debentures, and other
instruments of security for such repayment and to pay off redeem or purchase
any such securities.
(k) To draw, make, accept, endorse, discount, execute and issue promissory
notes, cheques, bills of exchange, warrants and other negotiable securities
or transferable instruments.
(l) To hold and promote conferences, meetings, lectures, seminars, exhibitions,
educational courses, conventions or other gatherings of any nature for
the purpose of furthering the objects or interests of the Trust.
(m) To award scholarship or bursaries to enable students to pursue studies
at any level.
(n) To print, publish, circulate, distribute either by way of sale or
otherwise magazines, journals, articles, circulars, newspapers, pamphlets
or other literary works of whatsoever nature and kind which may be considered
to be in the interest of the Trust or the furtherance of its objects.
(o) To do all things which are deemed necessary convenient or incidental
to the carrying out of any one or more of the objects of the Trust.
The intention is that the objects specified in clause 4 hereof and the
powers specified in this clause shall except where otherwise expressed
in such paragraph be independent main objects and or powers and shall
not in any way be limited or restricted by reference to or inference from
the terms of any other paragraph or the name of the Trust. In the event
of any ambiguity clauses 4 and 5 and every other clause of this constitution
shall be construed in such a way as to widen and not restrict the powers
of the Trust.
6. distribution of income:
The control and power of investment of the funds of the Trust shall be
vested in the Board. The income and the property of the Trust howsoever
derived shall be applied solely towards the promotion of the objects of
the Trust as set forth in this constitution and no portion thereof shall
be paid or transferred directly or indirectly by way of dividend, bonus
or otherwise howsoever by way of profit to members of the Trust provided
that nothing herein contained shall prevent the payment in good faith
of reasonable and proper remuneration to any officers or servants of the
Trust or to any member of the Trust in return for any services actually
rendered to the Trust nor for goods supplied in the ordinary or usual
way of business nor prevent the payment of interest on money borrowed
from any member of the Trust at a rate not exceeding the ruling rate for
the time being for interest on first mortgages or reasonable and proper
rent for premises demised or let by any member of the Trust.
(a) Application for membership of the Trust shall be open to all persons
and to corporate bodies interested in any of the objects of the Trust
and who are residents or ratepayers of Karekare and over the age of 18
years provided that the Board may at its discretion admit to membership
any person having a special interest in the objects of the Trust notwithstanding
that such person may not be a resident or ratepayer of Karekare.
(b) All members shall be entitled to attend at all General Meetings of
(c) A person shall cease to be a member of the Trust if he or she:
(i) Resigns in writing.
(ii) Is expelled by a resolution passed by not less than two-thirds
of the Trustees present at a meeting of the Board at which reasonable
notice has been given to all Trustees of the intention to consider such
expulsion and provided further that the member concerned has been given
reasonable notice of the intention of the Board to consider his or her
expulsion and has been given an opportunity of being heard in his or
her defence and of being represented by counsel before the passing of
any resolution of expulsion, or,
(iii) Fails to pay a subscription for a period of three (3) months after
the due date.
8. patrons and vice-patrons:
The Board of Trustees may invite any person to become a patron or vice-patron
of the Trust.
(a) The Trust shall hold an Annual General Meeting in each calendar year
at such time and place as the Board shall decide.
(b) The Trust shall hold such other Special General Meetings as the Board
may decide and the Board shall call for a Special General Meeting within
21 days of the receipt of a written requisition therefore signed by not
less than five members of the Trust and such requisition shall specify
the business proposed for discussion at such special general meeting.
(c) Notice of every general meeting shall be given to all members of the
Trust not less than 7 days before by such means as the Board deems reasonable.
(d) The persons entitled to attend and vote at general meetings shall
be all financial members of the Trust and all members of the Board.
(e) The business to be conducted at the Annual General Meeting shall be
the receipt and consideration of the statement of accounts and annual
report of the Board Trustees, the election of officers and such other
business as shall be submitted by the Board or brought forward by any
member present. The business to be conducted at any special General Meeting
shall be such business as shall be submitted by the Board or requested
in any requisition of members for the calling of a meeting or with the
consent of the Chairman and not less than two thirds of the members present
and voting any other business brought forward by any member present.
(f) The Chairman at all General Meetings shall be the Chairman of the
Board or in his or her absence any member appointed by the meeting.
(g) At any meeting a resolution put to the vote of the meeting shall be
decided on the voices or show of hands unless a poll is (before or on
the declaration of the result of voices or a show of hands) demanded by
at least three members. Unless a poll is so demanded a declaration by
the Chairman that a resolution has on the voices or on a show of hands
been carried or carried unanimously or by a particular majority or loss
and an entry to that effect in the minute book shall be conclusive evidence
of the votes recorded in favour of or against the resolution. If a poll
is duly demanded it shall be taken in such manner as the Chairman directs
and the resolution of the meeting of which the poll was demanded.
(h) Members entitled to vote shall be permitted to vote by proxy provided
that such proxy shall be in writing and the original delivered to the
secretary of the Trust to be received by him or her no later than the
commencement of the meeting.
(i) Voting for the election of officers where there are more nominations
than vacancies shall be by secret ballot.
(j) Members shall be entitled to one vote only on each matter being voted
upon. In the case of the equality of votes the motion shall lapse.
10. quorum at general meeting:
Fifteen members entitled to be present and to vote at a general meeting
shall constitute a quorum for a General Meeting. If within an hour from
the time appointed for the meeting a quorum is not present the meeting
shall be dissolved and shall stand adjourned to the same day in the next
week at the same time and place or otherwise as the Board may determine
and if the adjourned meeting a quorum is not present within half an hour
from the time appointed for the meeting the members present shall constitute
11. the board of trustees:
The Board of Trustees is the executive of the Trust and shall have power
to deal with all matters concerning the business of the Trust the interpretation
of these rules and determination of any matter not specifically provided
for herein except the alteration of the Rules of the Constitution. It
shall have power to frame and implement regulations for the conduct of
its own affairs and proceedings.
(a) The officers of the Trust shall be the Chairman and at least three
and no more than nine other persons all of whom shall be elected at the
Annual General Meeting in accordance with these rules.
(b) The Board may from time co-opt one other person to be a member of
the Board and such person shall hold office until the next Annual General
(c) At the first meeting of the Trust all members of the Board shall be
elected in accordance with these rules and at each subsequent Annual General
Meeting all of the members shall retire from office Retiring members of
the Board shall be eligible for re-election.
(d) Nominations of office shall be in writing signed by two members with
the consent of the nominee enclosed on the nomination and shall be in
the hands of the secretary before the meeting but where the number of
nominations so received is less than the number of vacancies to be filled
nominations may be made at the meeting.
(e) Where the number of persons nominated for any office exceeds the number
of vacancies the election shall be held by ballot.
(f) Any casual vacancy on the Board may be filled by the Board. Any member
so appointed shall retire whose office he or she has been appointed to
fill would ordinarily have retired.
(g) The quorum of the Board shall be three members.
(h) The office of a member of the Board shall be vacated if:
(i) He or she resigns his office by notice in writing or
(ii) he or she has been absent from three consecutive meetings of the
Board without reasonable cause or without leave of absence granted by
the Board or
(iii) he or she is requested by a resolution of the Trust at a duly
constituted General meeting to resign.
(a) The general and over-riding control of the affairs, property and funds
of the Trust shall be vested in the Board of Trustees but the Board may
delegate the day to day running and organization of the Trust to a Management
Committee and the Board shall be subject to any directions given by a
resolution of the general meeting.
(b) The Board shall have power to appoint such sub-committees as it deems
expedient and define the powers and duties of any such sub-committees.
(c) The Board may appoint or employ servants or assistants whether honorary
or otherwise and upon such terms and conditions including remuneration
if any as the Board shall determine and may remove such servants or assistants.
13.metings of the board:
(a) The Board may hold meetings from time to time at any convenient time
and place that they shall appoint and shall meet on not less than four
occasions in each financial year.
(b) The Chairman may from time to time convene a meeting of the Board
in addition to meetings required by paragraph (a) hereof to be held at
such convenient time and place as the Chairman shall determine stating
the purpose for which such meeting is required.
(c) Notice of each meeting shall be given to all members thereof by the
secretary at least 5 days prior to the date appointed for such meeting.
All contracts entered into by the Trust shall be in writing and either
under the common seal of the Trust or signed on behalf of the Trust by
some trust member or officer of the Trust duly authorised in that behalf
by either the Board or by a resolution of the Trust in relation to contracts
generally or in relation to any particular contract.
It shall be the duty of a member of the Board who is in any way whether
directly or indirectly interested in a contract or proposed contract with
the trust to declare the nature of his or her interest at a meeting of
the Board as the case may be, and whether or not a member so declaring
his or her interest shall be entitled to participate in the decision,
resolution or vote to enter into the contract in which he or she is interested
shall be at the discretion of the remaining members of the Board.
Every member of the Trust shall be chargeable only for so much of the
money or property as he or she shall actually receive and may not be liable
for any acts neglects or defaults of any other person nor for the insufficiency
of any security for money invested or of title to any estate or property
acquired nor for any loss or damage which may happen in the discharge
of his or her duties.
16. by-laws and regulations:
The Board may make, amend or rescind any by-laws or regulations not in
consistent with these rules to attain or facilitate the attainment of
the objects of the Trust or any of them.
17. applications of profits:
The income and property of the Trust however and wherever derived shall
be applied solely towards the promotion of the objects of the Trust and
no portion thereof shall be paid or transferred directly or indirectly
to any member of the Trust by way of dividend, bonus or otherwise provided
that noting herein shall prevent payment of reasonable and property remuneration
to any officers or employees of the Trust or to any member in return for
services rendered to the Trust or of interest on money lent or rent on
premises let by any member of the Trust.
(a) The financial year of the Trust shall commence on the 1st day of January
and terminate on the 31st day of December next following.
(b) The funds of the Trust shall be lodged with a trading or savings bank
subject to the power to invest capita sums.
(c) All sums received on behalf of the trust by any person other than
the secretary and or treasurer shall be forthwith transmitted to the secretary
or the treasurer of the Trust.
(d) The Trust's book of accounts shall be produced at every meeting of
the Management Committee and shall be open for inspection at all reasonable
times by any member of the Trust.
(e) The secretary and treasurer shall prepare in the form required by
the Board a statement of accounts and balance sheet as soon as may be
after the end of each financial year.
(f) The statement of accounts and balance sheet shall be submitted to
the Annual General Meeting next following.
(g) All accounts payable by the Trust shall be paid by cheque and receipts
given and received by the Trust account shall be operated by any two of
the Chairman of the Board, the Secretary and or the Treasurer and the
Solicitor for the time being to the Trust.
19. duties of secretary and treasurer:
The Secretary and or Treasurer shall keep a record of the minutes of all
meetings and shall send out all notices of meetings conduct all correspondence
keep the financial accounts and records of the Trust and shall keep a
register showing the names and addresses of members.
20. power to borrow:
The Trust shall have the power to borrow money with or without security
by way of mortgage debenture or in any other manner provided that all
loans shall be subject to the approval of the Board of Trustees.
The Board shall provide a seal for use by the Trust which shall bear the
words "Karekare Residents & Ratepayers Trust". The seal
shall be held by the solicitor for the time being to the Trust and shall
not be affixed to any documents except by the resolution of the Board
of Trustees and in the presence of any two of the Chairman of the Board
of Trustees or the Secretary or the Solicitor for the time being of the
Trust and under their joint signatures.
22. alteration of rules:
This Constitution and Rules of the Trust may be rescinded added to or
amended by resolution passed by a two thirds majority at any General Meeting
of the Trust provided that, notice of such resolution shall be given to
members at least seven days prior to such General Meeting.
Certified to be a true copy of the constitution of the KAREKARE RESIDENTS
AND RATEPAYERS TRUST. at Auckland
A.J.H.WITTEN-HANNAH [Honorary Solicitor]
Certified to be a true copy of the Constitution of the KAREKARE RATEPAYERS
& RESIDENTS TRUST at Auckland
changes to the rules of the Karekare Residents
and Ratepayers Trust
Amendment to the alterations to rules clause No 22:
"No addition or alteration or rescission of the rules shalt be
approved if it affects the payments to members clause or winding up clause.
Addition of a winding up clause:
"Surplus assets are to be disposed of in accordance with the directions
of the High Court pursuant to section 27 of the Charitable Trust Act 1957."