Trust Deed, Trustees


SCNZ Trust Cert.pdf


Welcome to Stray Cats New Zealand Trust.


Our initial Trustees are:

Peter George Dormon

Beverley Reid

Victoria Lucia Young


Our focus is to raise $10 million to complete the design of our Cat Rescue Centre, and build it. 


Charitable Trust Deed

 

STRAY CATS NEW ZEALAND TRUST

 

THIS DEED is made the 1st day of November 2019


BETWEEN

Name                                                                                      Occupation

Peter George Dormon                                                          Retired

Beverley Reid                                                                         Retired

Victoria Lucia Young                                                             Retired

                                                                                                                

 

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.


1. TE INGOA / NAME:

The name of the Trust is Stray Cats New Zealand Trust, hereafter called “the Trust”.


2. MÄTÄPONO / PRINCIPLES

In attaining its aims the Trust is committed to the following principles:

2.1 We commit to mitigate the suffering of all stray and abandoned cats and kittens.

2.2 We advocate for the wellbeing of all stray and abandoned cats and kittens.

2.3 We commit to locating and removing all stray and abandoned cats and kittens from locations where they are suffering, or unwanted, or causing a problem, or causing a nuisance.

2.4 We commit to accepting into our Cat Rescue Centres all stray and abandoned cats and kittens that have been removed from any locations where they are suffering, or unwanted, or causing a problem, or causing a nuisance.

2.5 We commit to purchasing land for the construction of Cat Rescue Centres.

2.6 We commit to designing and building Cat Rescue Centres.

2.7 We commit to operating purpose-built Cat Rescue Centres for the benefit of rescued stray and abandoned cats and kittens.

2.8 We commit to care for, rehabilitate, and rehome stray and abandoned cats and kittens that are in the Trust’s care.

2.9 We inform our position and activities using best practice and scientific knowledge.

2.10 We commit to the Policy of Trap, Assess, Resolve, for each stray or abandoned cat and kitten.

2.11 We commit to assisting communities experiencing problems with stray and abandoned cats and kittens.


2.12 We commit to educate the public and heighten public awareness of:


the suffering endured by stray and abandoned cats and kittens through starvation,    sickness, and stress.

  the impact of stray cat colonies on community health and the natural environment.

the benefits of reducing the stray cat population with the ultimate object of “no                               more strays”.

        the humane treatment of cats and best practice for their care.

the advantages of spaying female cats and neutering male cats at eight weeks of                   age or 900gms in weight.

2.13 We commit to changing human behaviour to achieve the active acceptance of

       Clause 2.12.


2.14 We commit to making practical and realistic decisions at all times for each and every stray or abandoned cat and kitten.

2.15 We commit to co-operating with other Trusts, clubs, societies, and informal groups that have compatible objects.

2.16 We commit to doing all such lawful things as are incidental or conducive to the foregoing objects or any of them.


3. WHÄINGA / PURPOSE

The purpose of the Trust is to mitigate the suffering of stray and abandoned cats and kittens by rescuing each and every one, providing care and security at our Cat Rescue Centres, and rehoming all that are sociable. Unsociable stray cats will be euthanased unless a secure and caring environment can be found.

In order to facilitate this, the Trust will (as resources permit):

3.1 Design and build Cat Rescue Centres.

3.2 Operate and manage Cat Rescue Centres using professional staff and volunteers.

3.3 Maintain the Cat Rescue Centres to a high standard of hygiene and cleanliness.

3.4 Rescue stray and abandoned cats and kittens under the Trap, Assess, Resolve policy.

3.5 Create and operate a comprehensive Stray Cat and Cat Colony database.

3.6 Work with other animal shelters and relevant organisations for the ongoing care and       rehoming of stray cats.

3.7 Commission and disseminate research into stray cats and publish such research in refereed journals.

3.8 Work with other animal shelters and relevant organisations to promote real-time collaboration and information sharing on stray and abandoned cats and kittens.

3.9 Undertake other such activities consistent with this charitable purpose.


4. TARI / OFFICE

The office of the Trust will be in such place in New Zealand as the Board of Trustees may from time to time determine.


5. ACTIVITIES LIMITED TO NEW ZEALAND

The activities of the Trust will be limited to Aotearoa/New Zealand.


6. TE RUNANGA WHAKAHAERE / THE BOARD OF TRUSTEES

6.1 The Board will comprise between two and seven Trustees.

6.2 The signatories to this deed will be the first Board. The Trustees will elect from among themselves a Chairman. A Secretary and Treasurer and other Officers as deemed necessary will also be appointed from among themselves or from non-Trust members. An election of office-bearers will be held at the first meeting of the Board following the execution of this Deed and whenever a vacancy occurs. Positions may be combined.

6.3 A person will immediately cease to be Trustee on presenting their resignation in writing, dies, is declared bankrupt, or is found to be a mentally disordered person within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or subsequent enactment, or is convicted for an offence under the Animal Welfare Act 1999 and subsequent amendments.

6.4 The Board will have the power to fill any vacancy that arises in the Board or to appoint any additional Trustees, subject to Clause 7.1.

6.5 The Board may continue to act notwithstanding any vacancy, but if their number is reduced below the minimum number of Trustees as stated in this Deed, the continuing Trustee/s may act for the purpose of increasing the number of Trustees to that minimum only.

6.6 The Board may, by a motion decided by two-thirds (⅔) majority of votes, terminate a person’s position as a Trustee and member of the Board, if it reasonably believes that such action is in the best interests of the Trust.

6.7 The name of the Board will be the ‘Stray Cats New Zealand Trust Board’.


7. NGA HUI O RUNANGA WHAKAHAERE / MEETINGS OF THE BOARD

All matters will be decided by the Board at a Board meeting.

7.1 The procedure for Board meetings will be as follows:

            7.1.1 A quorum will be a minimum of two.

            7.1.2 If a Trustee or an Office-Bearer does not attend three (3) consecutive meetings of the Board without leave of absence that member may, at the discretion and on the decision of the Board, be removed as a Trustee and/or from any Office of the Trust which they hold.

            7.1.3 All questions and issues will preferably be decided by consensus. In the event that a consensus cannot be reached, then a decision will be made by a majority vote by show of hands, unless otherwise determined by the Board.

            7.1.4 If the voting is tied the motion will be lost.

            7.1.5 In the absence of the Chairman the Board will elect a person to chair the meeting from amongst the Trustees present.


7.2 The Board will meet at least two (2) times every year. Meetings will be held in person. The Secretary will ensure that all members of the Board are notified of the meeting in writing.

7.3 The Secretary will ensure that full minutes of each Board meeting are recorded and sent to each Board member within seven days of the meeting. The Secretary will retain a copy of the minutes which will be available to any member of the Board within twenty-four (24) hours of such Board member’s request.  The minutes will record, at least:

            7.3.1 the names of those present.

            7.3.2 the names of those apologizing for absence.

            7.3.3 all decisions made by the Board.

            7.3.4 any other matters discussed at the meeting.

           

8. TAKETAKE/ POWERS

In addition to the powers provided by the general law of New Zealand or contained in the Trustees Act 1956 and any subsequent amendments, the powers which the Board may exercise in order to carry out its charitable purposes are as follows:

8.1 To use the funds of the Trust as the Board thinks necessary or expedient in payment of the costs and expenses of the Trust, including the employment of professional staff and advisors according to principles of good employment and the Employment Relations Act 2000 and any subsequent amendments.

8.2 To purchase, take on, or acquire any real or personal property and any rights or privileges which the Board thinks necessary or expedient in order to attain the Purpose of the Trust, and to dispose of the same when replaced by better.

8.3 To invest surplus funds in a Bank Savings Account or Term Deposit only.

8.4 To do all things as may from time to time be necessary or desirable to enable the Board to give effect to and attain the charitable purposes of the Trust.


9. KO NGA RAWA HEI PAINGA MO TE IWI / INCOME, BENEFIT OR ADVANTAGE TO BE APPLIED TO CHARITABLE PURPOSES

9.1 Any income, benefit, or advantage will be applied to the charitable purposes of the Trust.

9.2 No Trustee or member or officer of the Trust or any person associated with a Trustee shall participate inn or materially influence any decision made by the Trustees in respect of any payment to or on behalf of that Trustee or associated person of any income, benefit or advantage whatsoever. Any income paid shall be reasonable and relative to that which would be paid in an arm’s length transaction (being the open market value.) The provision and effect of this Clause shall not be removed from this Deed and shall be implied into any document replacing this Deed of Trust.


10. TURU TAKETAKE / POWER TO DELEGATE

10.1 The Board may from time to time appoint any Committee and may delegate any of its powers and duties to any such Committee, Workgroup, or any person. The Committee, Workgroup, or person may exercise or perform the delegated powers or duties in the same way and with the same effect as the Board itself could have done.

10.2 Any Committee, Workgroup, or person to whom the Board has delegated powers or duties will be bound by the Terms of the Trust and any terms or conditions of the delegation by the Board. Such delegations, terms, and conditions will be set out in writing by the Board, and duly passed by the Board at a Board meeting.

10.3 The Board will be able to revoke such delegation at will, and no such delegation will prevent the exercise of any power or the performance of any duty by the Board.

10.4 It will not be necessary for any person who is appointed to be a member of any such Committee or Workgroup, or to whom such delegation is made, to be a Trustee.


11. PÜTEA / FINANCIAL ARRANGEMENTS

11.1 The financial year of the Trust will be 1 July to 30 June.

11.2 The Treasurer will ensure that True and Fair accounts are kept of all monies received and expended by the Trust.

11.3 The Treasurer will report the True and Fair financial position of the Trust to every Board meeting in writing.

11.4 The Treasurer will produce True and Fair Annual Accounts to the Board for formal ratification as soon as possible after 30 June, but not later than 30 September.

11.5 The Board will arrange for the Annual Accounts of the Trust for each financial year to be audited by a qualified accountant appointed for that purpose.


12. TE TOHE TAKETAKE / COMMON SEAL

12.1 The Common Seal of the Trust, following its incorporation, shall be kept in the custody and control of the Secretary or such other Officer appointed by the Board.

12.2 When required the Common Seal will be affixed to any document following a resolution of the Board and will be signed by the Chairman or a Trustee duly acting as Chairman, and one other Trustee.


13. WHAKAREREKËTANGA TURE / ALTERATION OF THIS DEED

13.1 The Trustees may, by consensus or pursuant to a motion decided by two-thirds (⅔) majority of votes, by Supplemental Deed make alterations or additions to the terms and provisions of this Deed provided that no alteration or addition will:

            13.1.1 detract from the exclusively charitable nature of the Trust or result in the distribution of its assets on winding up or dissolution for any purpose that is not exclusively charitable; or

            13.1.2 be made to the Purpose Clause (3), the Activities Limited to New Zealand Clause (5), or the Disposition of Surplus Assets Clause (16) unless it is first approved by the Department of Inland Revenue or its successor department in writing.


14. TAKAWAENGA / MEDIATION AND ARBITRATION

14.1 Any dispute arising out of or relating to this Deed may be referred to mediation, a non-binding dispute resolution process in which an independent mediator facilitates negotiation between parties. Mediation may be initiated by either party writing to the other party and identifying the dispute which is being suggested for mediation. The other party will either agree to proceed with mediation or agree to attend a preliminary meeting with the mediator to discuss whether mediation would be helpful. The parties will agree on a suitable person to act as mediator or ask the Arbitrators’ and Mediators’ Institute of New Zealand Inc. to appoint a mediator. The mediation will be in accordance with the Mediation Protocol of the Arbitrators’ and Mediators’ Institute of New Zealand Inc.

14.2 The mediation shall be terminated by:

            14.2.1 The signing of a settlement agreement by the parties; or

            14.2.2 Notice to the parties by the mediator, after consultation with the parties, to the effect that further efforts at mediation are no longer justified; or

            14.2.3 Notice by one or more of the parties to the mediation to the effect that further efforts at mediation ae no longer justified; or

            14.2.4 The expiry of sixty (60) working days from the mediator’s appointment, unless the parties expressly consent to an extension of this period.

14.3 If the mediation should be terminated as provided in 14.2.2, 14.2.3, or 14.2.4, any dispute or difference arising out of or in connection with this Deed, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in New Zealand in accordance with New Zealand law and current Arbitration Protocol of the Arbitrators’ and Mediators’ Institute of New Zealand Inc. The arbitration shall be by one arbitrator to be agreed upon by the parties, and if they should fail to agree within twenty-one (21) days, then to be appointed by the President of the Arbitrators’ and Mediators’ Institute of New Zealand Inc.


15. TAUNAHA / TRUSTEE LIABILITY

It is declared that:

15.1 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 if conformity; and

15.2 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, auctioneer, or other person with whom, or into whose hands, any Trust money or security is properly deposited or has come.

15.3 No Trustee shall be liable personally for the maintenance, repair, or insurance of any Cat Rescue Centre buildings, property, goods, or equipment.

15.4 No Trustee shall be liable for any loss arising from any cause whatsoever including a breach of duties imposed by Section 13B and/or Section 13C of the Trustees Act 1956 (as enacted by the Trustee Amendment Act 1988, or subsequent amendments) or any statutory replacement or equivalent, unless such loss is attributable to:

             15.4.1 Their own dishonesty, or

             15.4.2 Their willful commission of an act known by them to be a breach of Trust.

15.5 The Trustees shall from time to time and at all times be indemnified by and out of the Trust assets 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 or about any claim, demand, action, proceeding, or defence at law or in equity in which they may be joined as a party.


16. TE TUKU TOENGA RAWA / DISPOSITION OF SURPLUS ASSETS

On the winding up of the Trust, or on its dissolution by the Registrar, all surplus assets, after the payment of costs, debts, and liabilities will be given to other charitable organisation/s within New Zealand as the Board will decide. If the Trust is unable to make such a decision the surplus assets will be disposed of in accordance with the directions of the High Court pursuant to Section 27 of the Charitable Trusts Act 1957 or subsequent enactment.