As amended by resolutions of general meetings of the Trust on 2/04/02 and 24/09/05.
Dated: 30th day of November 2001
The original Trustees are:
The Trustees wish to create a Charitable Trust to carry out the aims set out in this Trust Deed.
The Trustees hold the sum of $10 as the initial Trust Fund, on trust along with any other money or property received by the Trust to carry out the aims set out in this Trust Deed.
The Trustees are entitled to apply to be incorporated as a Board under the Charitable Trust Act 1957 to carry out the aims, powers and rules set out in this Trust Deed.
The name of the Board is the Friends of Refugees Trust.
2.1 A refugee is a person in need who either: (a) owing to well founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside his or her country of origin and is unable or, owing to such fear, is unwilling to avail him or herself of the protection of that country; or (b) has been granted temporary refuge outside his or her country of origin to escape political or social disruption.
2.2 Granting of refugee status by the New Zealand Immigration Service is sufficient, but not necessary, proof that a person is a refugee.
The Board is established to assist refugees in need within New Zealand to meet their educational, economic and social welfare needs, and shall do anything within New Zealand that will advance this aim.
In furtherance of its exclusively charitable objects, aims and purposes, the Board may exercise the following powers:
4.1 To purchase, lease, hire or otherwise acquire any real or personal property.
4.2 To sell, let, mortgage or otherwise dispose of or deal with any of the property of the Board.
4.3 To construct, maintain or alter any buildings or property.
4.4 To borrow, raise, invest or loan money in any manner as shall be proper.
4.5 To enter into any arrangement or contract with any individual, Government Department or corporate body.
4.6 To pay all or any of the expenses incurred in establishing the Board and furthering its objects, aims and purposes.
4.7 To employ or engage staff, advisers or other people whether or not they are Trustees, and to pay their wages, salaries and/or their expenses on terms suitable to the Board, provided always that payment of staff or advisers shall be for services actually rendered to the Trust, at no greater than current market rates for such services, and further provided that the payment of expenses incurred in their duties to the Trust shall be for reasonable and proper costs incurred.
4.8 To alter the powers and rules of the Board provided that no alteration or addition endangers the charitable aims and status of the Board.
4.9 To do anything else that shall be necessary to further the charitable objects of the Board.
The Rules of the Board will be as follows:
5.1.1 The Board will have between 3 and 15 members.
5.1.2 The Trustees named in this Deed will be the original Board members and their appointment will commence from the date of this Deed.
5.1.3 The Board will appoint new members to the Board according to these Rules, and on their appointment, those new members will become Trustees.
5.1.4 A Board member will hold office until the next Annual General Meeting of the Board unless prior to this date he or she:
The Board members will be responsible for the management of the Trust and may exercise all the powers given to it by this Deed.
5.3.1 An Annual General Meeting will be held not more than 15 months following each previous Annual General Meeting.
5.3.2 At the first meeting of the Board and at every Annual General Meeting the Board will appoint the following officers from amongst its members:
5.3.4 In addition to the appointment of office holders, the Board will carry out the following tasks at the Annual General Meeting:
Notice of all Board meetings, including the Annual General Meeting, will be given in writing to each Board member at least 14 days prior to the meeting. However, if all Board members agree, a Board meeting may be called at any time.
5.5.1 The Quorum for all Board meetings will be half of the Board members.
5.5.2 Decision making at any Board meeting will be by consensus, but failing a consensus decisions will be made by a simple majority of the Board members present at the meeting.
5.5.3 Every Board member present at a Board meeting will be entitled to one vote.
5.5.4 The Board may from time to time appoint two or more of its members to form a sub-committee. The sub-committee may co-op other people who are not Board members.
All proceedings of the Annual General Meeting and other Board meetings will be recorded in a minute book which will be held by the Secretary.
The Common Seal of the Board will be held by the Secretary and will be used only when authorized by a resolution of the Board. When the seal is used it will be signed by the Secretary and one other Board member appointed to sign that document by the Board.
5.8.1 The Board, through its Treasurer, will keep proper books of accounts and will prepare annual accounts which are to be audited.
5.8.2 All funds received by the Board will be paid into the Board's bank account.
5.8.3 All cheques and withdrawal slips drawn on the Board's account will be signed by the Treasurer and one of two other Board members appointed by resolution of the Board.
5.8.4 The income and property of the Trust is to be applied solely to further the aims of the Trust. No income or property is to be paid or transferred directly or indirectly to any members of the Board. This will not prevent payment of reasonable wages or expenses to any officer or employee of the Board or to any Board members for any services performed by them for the Trust, provided always that no Board member or person associated with a Board member of the Trust 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:
5.8.5 A Board member may charge for any services carried out by him or her where the Board would have had to pay for that service if it was carried out by somebody who was not a Board member.
The Board may alter, add or cancel any Rules at a Board meeting, provided that:
The Board may wind up the Charitable Trust at any Board meeting if: