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New Zealand Mission Trust Board (Port Waikato Maraetai) Empowering

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New Zealand Mission Trust Board (Port Waikato Maraetai) Empowering Hon. W. F. Birch NEW ZEALAND MISSION TRUST BOARD (PORT WAIKATO MARAETAI) EMPOWERING [PRIVATE] ANALYSIS Title Preamble 4. Charitable trusts 1. Short Title 5. Trustees to be leasing authority 2. Interpretation 6. Private Act 3. Power to transfer land, etc. Schedule A BILL INTITULED An Act to enable certain lands at Port Waikato and certain moneys and investments derived from lands at Port Waikato to be transferred from the New Zealand Mission 5 Trust Board to trustees elected by members of the sub- tribes of Ngati Karewa and Ngati Tahinga WHEREAS by a deed bearing date the Brd day of july 1839 the 17 persons therein described as the chiefs of Ngati Tahinga purported to deliver up, sell, and give away that portion of 10 land, Maraetai, therein described which lies at the mouth of the river Waikato to Manihera (Reverend Robert Maunsell) and Ahiwera (Benjamin Ashwell) as land in perpetuity for the Committee of Missionaries of the Church of England or for any other person whom that said Committee might name, and 15 gave up the land, the trees, the waters, and everything of every kind above and beneath that said land in return for payment p $ 1.56 No. 107-1 102 2 New Zealand Mission Trust Board (Port Waikato Maraetai) Empowering of 1 Sovereign and certain goods: And whereas by a deed bearing date the 30th day of August 1839 the 15 persons therein described as the chiefs of Ngati Karewa and Ngati Tahinga purported to deliver up, sell, and give up the kainga, the cultivations, the wood, namely, part of Putataka which also 5 lies at the mouth of the river Waikato (and is adjacent to the land, Maraetai, comprised in the said deed of the 3rd day of July 1839) to the said Manihera and the said Ahiwera as a kainga (property), land, in perpetuity for the said Committee or for any person whom that Committee should name, and 10 gave up the trees, the waters, and everything above and below that kainga in return for 3 pounds and certain goods: And whereas it was contemplated and understood by the said chiefs that the said land comprised in such deeds was to be used for a mission station and school for the benefit of their own people, 15 such mission station and school to be provided and maintained by the said Cornmittee of Missionaries or their successors: And whereas the said deeds were subsequently the basis of a land claim which was made by the Church Missionary Society and which was heard and examined by a Crown Commissioner 20 who reported that he was of opinion that the said Society had made a bona fide purchase from such native chiefs and recommended that a grant of the said land should be issued to the said Society excepting 100 feet from high water mark: And whereas pursuant to the subsequent confirmation of such 25 report by another Commissioner the said land was, by a deed oi grant bearing date the 1st day of November 1859 and registered in the Land Registry Office at Auckland under No. 86G (1/21) (hereinafter called "the crown grant"), granted by the Crown to the Venerable George Adam Kissling, Archdeacon 30 of Waitemata, and the Reverend Robert Burrows, Secretary of the Church Missionary Society in New Zealand, their heirs, and assigns for ever in trust for the Church Missionary Society for Africa and the East: And whereas the said land was ancestral land of the sub-tribes of Ngati Karewa and Ngati Tahinga: And 35 whereas by a deed of conveyance bearing date the 28th day of September 1896 and registered in the said registry office as No. 136908 (R55/216) the said Robert Burrows, as the surviving trustee in whom the said land was then vested, conveyed the said land to The New Zealand Mission Trust Board (hereinafter 40 called "the Board"), a body incorporated under the Religious, Charitable, and Educational Trust Boards Incorporation Act 1884 (now the Charitable Trusts Act 1957), in which Board the management of the affairs of the said Church Missionary Society for Africa and the East had become vested: And 45 New Zealand Mission Trust Board 3 (Port Waikato Maraetai) Empowering whereas portions of the said land have at various times been sold or dedicated as roads or reserves and the Board is now seized of the residue of the said land together with accretions thereto: And whereas portions of the said land have from time 5 to time been leased and the Board is possessed of certain moneys and investments derived therefrom: And whereas the said land, monies, and investments are administered by the Board under the name of the Port Waikato Maraetai Trust: And whereas there having been neither a mission station nor 10 a school on the said land since the year 1853 it is now just and desirable that the assets of the Port Waikato Maraetai Trust be transferred to trustees to be held on certain trusts for the benefit of the Maori people of New Zealand but so that preference is given to the peoples of the sub-tribes of 15 Ngati Karewa and Ngati Tahinga: And whereas by a deed of trust made the 13th day ofJune 1985 by Graham Uerata Clark of Otahuhu, watersider, Ngaire Nicola Clark of Otahuhu, his wife, Norman Nopera Hoete of Tuakau, farmer, George Haimona Tukua of Papakura, pensioner, and Vaal Huingahau 20 Kukutai of Auckland, contractor, a charitable trust has been established for the purposes aforesaid: And whereas doubts exist as to whether the transfer can be effected otherwise than by legislation: BE IT THEREFORE ENACTED by the General Assembly of New 25 Zealand in Parliament assembled, and by the authority of the same, as follows: 1. Short Title-This Act may be cited as the New Zealand Mission Trust Board (Port Waikato Maraetai) Empowering Act 1985. 30 2. Interpretation-In this Act, unless the context otherwise requires,- "Board" means the New Zealand Mission Trust Board: "Crown Grant" means a deed of grant bearing date the 1st day of November 1859 and registered in the Land 35 Registry Offtce at Auckland under No. 866 (1/21): "Port Waikato Maraetai Trust" means the trust set forth in the Crown Grant upon which the Board administers the lands, monies, and investments derived from, and for the time being representing, the land granted by 40 the Crown Grant: "Trust Deed" means the deed of trust bearing date the 13th day of June 1985, a copy of which is set forth in the Schedule to this Act: "Trustees" means the Trustees for the time being of the 45 Trust Deed. 4 New Zealand Mission Trust Board (Port Waikato Maraetai) Empowering 3. Power to transfer land, etc.-(1) The Board shall have power to transfer to the Trustees- (a) All property at the date of such transfer derived from, or for the time being representing, the lands, monies, and investments described in the schedules to the 5 Trust Deed; and (b) All other property (if any) of the Port Waikato Maraetai Trust,- to be held by the Trustees on the trusts declared in the Trust Deed and with the powers declared in the Trust Deed. 10 (2) Upon such transfer,- (a) The trusts upon which the property transferred was held by the Board shall be extinguished; and (b) The property shall thenceforth be held by the Trustees upon the trusts and with the powers declared in the 15 Trust Deed; and (c) The Board and its members shall be released and discharged from the obligations and duties imposed on them by the Crown Grant. (3) The Board shall have power to pay out of the property 20 referred to in subsection (1) oi this section all costs and expenses incurred by the Board and the Trustees in connection with the establishment of the trusts declared in the Trust Deed, the transfer of the property to the Trustees, and the promotion of this Act. 25 4. Charitable trusts-The trusts declared in the Trust Deed are charitable trusts. 5. Trustees to be leasing authority-The Trustees are hereby declared to be a leasing authority within the meaning of the Public Bodies Leases Act 1969. 30 6. Private Act-This Act is hereby declared to be a private Act. New Zealand Mission Trust Board 5 (Port Waikato Maraetai) Empowering Section 2 SCHEDULE THIS DEED OF TRUST is made the 13th day ofJune 1985 by GRAHAM UERATA CLARK of Otahuhu Watersider NGAIRE NICOLA CLARK of Otahuhu his wife NORMAN NOPERA HOETE of Tuakau Farmer GEORGE HAIMONA TUKUA of Papakura Pensioner and VAAL HUINGAHAU KUKUTAI of Auckland Contractor (hereinafter called "the trustees") WHEREAS-- (1) By a deed bearing date the 3rd day ofJuly 1839 the seventeen persons therein described as the chiefs of Nsati Tahinga purported to deliver up, sell and give away that portion oi land, Maraetai, therein described which lies at the mouth ot the river Waikato to Manihera (Reverend Robert Maunsell) and Ahiwera (Benjamin Ashwell) as land in perpetuity for the Committee of Missionaries of the Church of England or for any other person whom that said Committee might name and gave up the land, the trees, the waters, and everything of every kind above and beneath that said land in return for a payment consisting of 23 blankets, one Sovereign, 12 axes, 16 adzes, 14 shirts, 14 trousers (duck), 14 pounds of soap, 10 New Testaments, 13 scissors, 6 spades, 17 (pocket) looking glasses, 20 razors, 6 handkerchiefs, and 55 pounds of tobacco: (2) by a deed bearing date the 30th day of August 1839 the fifteen persons therein described as the chiefs oi Ngati Karewa and Ngati Tahinga purported to deliver up, sell and give up the kainga, the cultivations, the wood, viz.
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