constitution


 * BILINGUAL LEO PACIFIC TRUST **

** THIS DEED WITNESSES **

** 1. NAME **

** The name of the Trust shall be: **** __ BILINGUAL LEO PACIFIC TRUST __ **

** 2 PURPOSES: **

The purposes of the Trust are:

(a) To seek recognition of the five main Pacific languages in New Zealand as official minority languages so Pacific children have the right to grow up speaking, reading and writing their own heritage languages and English

(b) To develop and maintain networks and database, linking all Pacific languages and bilingual unit teachers, from early childhood to tertiary level, community groups and other similar organisations

(c) To develop, promote and implement various bilingual education methodologies based on Pacific children’s levels of proficiency in their first language and English.

(d) To consolidate and promote collaborative and empowering programmes for schools and Pacific communities in bilingualism

(e) To develop, promote and implement Professional Development strategies and programmes for bilingual education teachers

(f) To develop and implement a review and evaluation procedure for Bilingual education programmes and policy

(g) To develop networks of exchange and support with teachers and organisations interested in bilingual education in NZ and overseas

(h) To provide advice and input to the Minister of Education, the Ministry of Education and other forums on bilingual education and bilingualism issues

(i) To all such things as are conducive or incidental to the attainment of the purposes of the Trust

** 3. ACVTIVITIES: **

The activities of the Trust shall be carried on in?? ?New Zealand only

** 4. TRUST BOARD **

4.1 Trustees

The overall and final control of the trust is vested in the Trustees, who shall forthwith apply for incorporation as a Trust Board under the Charitable Trust Act 1957 under the name ** __BILINGUAL LEO PACIFIC TRUST__ **

This Deed is made the ___day of___2011

** __ BETWEEN __ **

Rev Uesifili Unasa Melenaite Taumoefolau Galumalemana Alfred Hunkin Anita Savelio Jerome Mika Joanne Okesene Patisepa Tuafuti Judy Taligalu, McFall-McCaffery Sonya van Schaijik Feeonaa Wall

(‘’the parties’)

** WHEREAS: **

** A. ** The parties wish to establish a Charitable Trust (‘’the Trust’’) for the purposes herein described, and have agreed to enter into this Deed to constitute such Trust and to provide for its control and governance.

** B. ** The parties have agreed to act as the ** First Trust Board, **so as to represent and reflect the purposes intent and spirit of the Trust as follows:

Rev. Uesifili Unasa (Chairperson) Melenaite Taumoefolau (Assistant Chair) Anita Savelio (Secretary) Joanne Okesene (Assistant secretary) Jerome Mika Judy Taligalu McFall-McCaffery (Assistant treasurer) Sonya van Scaijik (Media) Feeonaa Wall (Media) Galumalemana Alfred Hunkin Patisepa Tuafuti John McCaffery Rosa Kalauni

** C. ** The parties have pledged the sum of __dollars towards establishing of__ __ the Trust ( the said sum of _____ together with any assets,__ __ investments, property both real and personal, and monies form time to time given to the First Trustees or added to the assets of the Trust by any personor persons of body whether incorporated or un-incorporated or received,purchased, accumulated or otherwise acquired by the Trustees for the time being hereof for the charitable purposes of the Trust being herein referred to). __

__ ** 4.2 ** The Trust Board (the Board’) shall consist of not less than 6 nor more than __ __ 15 members, The initial members of the board shall be the 15 signatories to __ __ this Deed. 10 Trustees shall be appointed from the Board. __

__4.3 Cessation of Membership on Board __

__ Members of the Board shall cease to hold office if: __

__ (a) the member shall resign of such office; or __ __ (b) the member shall become bankrupt’ pr __ __ (c) the member shall be convicted of an offence involving dishonesty or be sentenced to imprisonment or periodic detention; or __ __ (d) the member is found to be a mentally disordered person within the meaning of Mental Health (Compulsory Assessment & Treatment) Act 1992; or __ __ (e) The member shall be absent from NZ for a period more than 6 months without obtaining leave of absence from the Board; or __ __ (f) The member shall dies; or __ __ (g) The member is, in the opinion of a majority members of the Board as expressed by formal resolution, for any reason unable to carry out his or her duties as a member of the board. __ __ 4.4 Appointment of new Trustees: __

__ Where the number of Trustees for the time being is less than 9, the board may appoint such additional Trustees as it from time to time thinks fit. Each such appointment shall be made by motion carried by at least two-third majority of incumbent Board members. __

__ 4.5 Action of Continuing Trustees: __

__ Trustees may act as Trust Board Members notwithstanding any vacancies in their body if and so long as their number is not reduced below the minimum number of 6 Trustees. Trustees may in any case continue to act for the purpose of securing any appointments in accordance with clauses 4.4 to fill any vacancies arising, in accordance with such provisions. __

__ 4.6 Appointment of Advisory Trustees __

__ (a) The Board may at any time appoint up to three Advisory Trustees for such term or terms as the Board considers appropriate __ __ (b) The Board may, by motion decided by two-thirds majority of the incumbent Board Members, terminate an Advisory Trustee’s appointment if the Board believes that such action is in the best interest of the Trust. __ __ (c) Advisory Trustees shall not be deemed to be members of the Trust Board as constituted under the Clause 4, nor counted for the purpose of any quorum form any meeting of the Trust Board. __

__ ** 5. PATRON ** __

__ (a) The Patron and Vice Patrons of the Trust shall be appointed by the board __ __ at a general meeting (AGM) of the Trust. __

__ (b) The Trustees shall have the power to call on the Patron and/or Vice __ __ Patrons form time to time for guidance in relation to any issues affecting the management of the affairs of the Trust where the Trustees are unable to reach a consensus decision. __

__ ** 6. OFFICE ** __

__ The Office of the Trust shall be in __

__ ** 7 POWERS ** __

__ 7.1 General and Specific Powers __

__ ** 8. INCOME, BENEFIT OR ADVANTAGE TO BE APPLIED TO CHARITABLE PURPOPSES ** __

__ 8.1 Application __

__ 8.2 Pecuniary Profit Gain and exceptions __

__ ** (i) ** __**NO __private pecuniary profit:__**

__ ** (a) ** __

__ ** (b) ** __

__ ** © ** __

__ ** (d) ** __

__ ** Restrictions on benefits to and influence by interested persons ** __

__ ** (ii) Recipient not to influence benefits: ** __

__ ** (a) ** __

__ ** (b) ** __

__ ** © ** __

__ ** (d) ** __

__ ** (iii) Professional account and influence ** __

__ ** Trustees to comply with restrictions: ** __

__ ** 9. PROCEEDING OF THE TRUST BOARD: ** __

__ The proceeding of the Trust Board shall be governed by the following rules: __

__ ** 9.1 Meetings: ** __

__ ** 9.2 Chairperson: ** __

__ ** 9.3 Quorum: ** __

__** 9.4 **** Voting: ** __

__ ** 9.5 Reports: ** __

__** 9.6 **** Secretary/Treasurer: ** __

__** 9.7 **** Minute Book ** __

__ ** 10. ACCOUNTS ** __

__ ** 10.1 True and Fair Accounts ** __

__ ** 10.2 Financial Year ** __

__ ** 10.3 Audit ** __

__ ** 11. COMMON SEAL ** __

__ The Board shall have a Common Seal, which shall be kept in the custody of the Secretary or such other officer as shall be appointed by the Board, and shall be used only as directed by the Board. It shall be affixed to documents only in the presence of and accompanied by the signature of two members of the Board. __

__** 12 **** ALTERATION OF THE RULES: ** __

__** 13. **** DISPOSITION OF SURPLUS ASSESTS ** __

__ ** IN WITNESS this Deed is duly executed ** __

__ ** SIGNED by the said ** __

__ ** In the presence of ** __

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