Destination Great Barrier Island Charitable Trust Deed THIS DEED is made the

Destination Great Barrier Island
Charitable Trust Deed
THIS DEED is made the
BETWEEN
Name
8th
day of March
Address
A J Christiansen
K Stowell
M Brown
S Billingham
M Harris
J Hunter
L Hyde
M Greig
R McKenzie
771 Whangaparapara Rd, GBI
Aotea Rd, Port Fitzroy, GBI
5 The Lane, Medlands, GBI
172 Gray Rd, GBI
38 Puriri Bay Rd, GBI
Wynyard Wharf, Auckland
99 Quay St, Auckland
Auckland Airport Domestic Terminal
Auckland Airport Domestic Terminal
2013
Occupation
Management Consultant
Tourism Operator
Parent
Tourism Operator
Lodge Owner
Marketing Manager Sealink
Administrator Fullers
Operator Great Barrier Airlines
Operator Fly My Sky
WHEREAS:
A.
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
B.
The parties to this deed have agreed to contribute the sum of one dollar each to
establish the Trust; and
C.
They have agreed to enter into this Deed specifying the purposes of the Trust and
providing for its control and government.
Clause 1.
Name:
The name of the trust is Destination Great Barrier Island hereafter
called ‘the Trust’.
Clause 2.
Mission Statement
To grow the Great Barrier Island economy through growth in Tourism
Clause 3.
Objectives and actions:
The Trust shall
1. Work with and for all stakeholders involved in Tourism on Great Barrier Island to
promote growth in tourism.
2. Establish visitor statistics and report on same.
3. Obtain feedback from visitors to enable changes to be made to improve the visitor
experience
4. Seek cost efficient ways to promote Great Barrier Island as a tourist destination
by working with other relevant organisations and in particular ATEED and the
Local Board.
5. Maintain an up to date major events calendar and provide logistical and
promotional support to major event organisers, where required to ensure such
events contribute positively to the Great Barrier Island economy.
6. Improve the availability and quality of web based information for tourists
interested in visiting Great Barrier Island
7. Seek funding from the Local Board, from individual service providers and from
any other sources to assist in meeting the objectives of the Trust.
8. To undertake any other activities which the Trustees agree on and which are in
line with the Mission Statement and objectives.
Clause 4.
Area of Operation: Great Barrier Island and New Zealand in general.
Clause 5.
Registered Office:
Clause 6.
Makeup of the Board:
6.1
The registered office of the Trust shall be on Great
Barrier Island and as determined by the Board from
time to time.
The Trust shall have a minimum number of two trustees and a maximum number
of twelve trustees.
The Trust shall have a chairperson, secretary and treasurer.
All positions shall be for a one year term. Nominations for each position shall be
called for prior to each annual general meeting and if there is more than one
nomination for a position a vote of all trustees present at the AGM shall be held.
6.2
6.3:






The number of Trustees shall be limited to twelve.
Trustees shall be appointed as individuals or as representatives of specific service
providers or organisations as below.
Sealink
Fullers
Great Barrier Airlines
Fly My Sky
Local Iwi
Five Trustees representing a cross section of Tourism service providers on Great
Barrier Island.
In addition a representative from each of ATEED, D.O.C. and the Local Board may
attend any meetings of the Board of Trustees.
Changes to the makeup of the Board will require a resolution to be passed by trustees at
an AGM or SGM.
6.4:
The specific service providers shall nominate a representative as their Trustee and
may change their representative at any time.
Nominations for the five individual representatives shall be called for from the
public (members) and where necessary a vote shall be held at the AGM. All
attendees at the AGM including existing trustees and members will be eligible to
vote.
6.5:
If any trustees resign at any time the existing trustees may elect a new trustee to
serve out until the next AGM.
6.6:
Any trustee may have their trustee status terminated if a majority of the trustees so
determine. This could be by a resolution at a special general meeting attended by
at least eight trustees or by a postal ballot.
6.7:
The Board of Trustees shall be known as the Destination Great Barrier Island
Board. (or in short form Destination Barrier Board)
6.8:
In addition to the trustees members of the public, with an interest in the Great
Barrier Island Tourist industry (the beneficiaries) will be invited to attend general
meetings and will have speaking rights.
Clause 7.
Operation of Board Meetings.
7.1.1 Board meetings shall require a quorum of 5 trustees.
7.1.3 In general decisions shall be by consensus but where a consensus agreement
cannot be reached the Chairperson may request a resolution and put this to the
vote. Decisions shall be based on a simple majority with the Chairperson having
the right to use a casting vote if required.
7.1.5 If the Chairperson is unable to attend a meeting nominations for an acting chair
shall be called for and if necessary a vote taken.
7.2
A minimum of four Board meetings shall be held annually with an AGM held no
later than 14 months after the previous AGM.
7.3
Minutes of all Board meetings shall be written and circulated to all trustees in a
timely manner. The minutes shall be tabled at the next meeting and any errors or
corrections noted to ensure that the minutes are a true and correct record of
proceedings.
7.4
Minutes will be circulated to all members.
Clause 8.
Powers of the Board:
In addition to the powers provided by the general law of NZ or contained in the Trustee
Act 1956 the Board shall:
a) Have the power to raise and spend funds in any way which supports the objectives
of the Trust. The Board has the power to employ people and consultants, if and as
required.
b) Invest surplus funds in any way permitted by law for the investment of charitable
trust funds and upon such terms as the Board thinks fit
c) Do all things as may from time to time be necessary or desirable to enable the
Board to give effect to and achieve the charitable purposes of the Trust.
Clause 9.
Pecuniary Benefit:

Trustees shall work on a voluntary basis and shall receive no remuneration of any
kind for their work on behalf of the Trust.

Trustees may be reimbursed for legitimate expenses where this is agreed to in
advance by the Trustees.

Where a Trustee, or one of their family members (including some members of
extended family) may benefit financially from a decision of the Trust they must
not participate in or influence any such decisions

In general family members of Trustees shall not be entitled to be paid for any
work for the Board but where agreed by the Trustees any payments to members or
their families must be made at no more than “market rates” but may be at less
than market rates.
Clause 10.
Delegation:
The Board may delegate specific day to day management of the Trust’s affairs to a subcommittee or to an employee but the Board retains the ultimate responsibility for all
decisions made.
Clause 11.
Financial Arrangements:
11.1
The financial year shall be the 1st July to 30th June.
11.2
Any expenditure must be agreed to by the Trustees in advance.
11.3
Any cheques must be signed by any two authorised Trustees.
11.4
The Trustees shall determine on the investing of any funds surplus to short term
requirements.
11.5
Annual Accounts
The treasurer shall maintain up to date financial accounts and prepare and
circulate full annual accounts at least two weeks prior to the AGM.
11.6
The Trustees may decide to have the Accounts audited from time to time or as and
when necessary.
Clause 12.
Mediation/arbitration:
In the event that any individual Trustee or group of Trustees is unhappy with any
decision or decisions of the Board then, in the event of no satisfactory resolution being
able to be reached, they may request that the issue be brought before arbitration.
If possible the parties should agree on an individual as an arbiter but if this is not possible
then each party may nominate one person of repute (preferably a local JP) to address the
matter. Any decision of the arbiters shall be binding on all parties.
Clause 13.
Trustee Liability:
It is declared that:
13.1 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
13.2 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;
13.3 No trustees shall be liable personally for the maintenance, repair, or insurance of
any charges on such property;
13.4 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 Act 1956 ( as enacted by the Trustee Amendment Act 1988.) ( or any
statutory replacement or equivalent) unless such loss is attributable:
13.4.1 to his or her own dishonesty; or
13.4.2 To the willful commission by him or her of an act known by him/her to
be a breach of trust.
And 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.
13.5 No Trustees shall be bound to take any proceedings against a co-Trustee for any
breach or alleged breach of Trust committed by that co-Trustee.
13.6 Notwithstanding the procedure or otherwise of retaining assets in the Trust Fund
no Trustee shall be liable for nay loss suffered by the Trust Fund by reason of the
Trustees retaining any asset forming part of the Trust Fund.
13.7 The Trustees shall from time to time and at all times be indemnified by and out of
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 and about any claim, demand, action, proceeding or defence at law or
in equity in which they may be joined as a party.
Clause 14.
Winding Up:
In the event that the Trustees agree on the winding up of the Trust then they may also
nominate any other charitable organization to receive any surplus funds after all
outstanding expenses are met.
IN WITNESS OF WHICH this Deed has been executed:
Anthony J Christiansen
SIGNED by the above named )
) __________________________
as Trustee in the presence of: ) __________________________
Full Name of Witness: …………………………………………………
Occupation: …………………………………
Residential address: …………………………………………
Steve Billingham
SIGNED by the above named )
) __________________________
as Trustee in the presence of: ) __________________________
Full Name of Witness: …………………………………………………
Occupation: …………………………………
Residential address: …………………………………………
Mike Brown
SIGNED by the above named )
) __________________________
as Trustee in the presence of: ) __________________________
Full Name of Witness: …………………………………………………
Occupation: …………………………………
Residential address: …………………………………………
“A”
This is the document marked “A”
referred to in the annexed
declaration of
.......................................... made at
this ……………………. day of
…………….…………..…, 2012
before me …………………………