Our Registered Trust Deed

Our registered name is C1 Church Trust Board and our number is CC28381. You can view the signed pdf at:
charities register
enter either of these details in the link that comes up. If you prefer, the main text of the deed is provided below:

A. The Interim Trustees have established a new church congregation at Auckland known as ‘church’(the Church). The Interim Trustees wish to establish a trust board to hold the property and assets of the Church and have taken receipt of the sum of ten dollars ($10-00) for the purposes set out in this deed.

B. Further sums have also been donated and are being held for and on behalf of the purposes of the Church in the name of the Refocussing Trust a charitable trust board incorporated at Auckland on 16 September 1997 (the Refocussing Trust) pending the signing of this deed.

C. The Interim Trustees have agreed to hold the ten dollars ($10-00), the further sums held in trust by the Refocussing Trust (which it is intended will be paid to them) and any further funds and property transferred to them for the purposes and upon the trusts set out in this deed.

D. The Interim Trustees consider it expedient to declare the trusts upon which such funds and property will be held and that a board of trustees should be established under the name of the C1 CHURCH TRUST BOARD for the establishment, conduct and advancement of the objects set out in this deed.

E. It is contemplated that the trust established by this deed shall be a continuing trust and shall extend to all property acquired by the C1 CHURCH TRUST BOARD upon the terms and conditions hereinafter provided.

F. It is further intended that the Interim Trustees shall hold office for an initial term only from the execution of this deed until 31 March 2007 at which time their appointment shall cease and permanent Trustees shall be appointed to hold the Trust Property and operate the trusts hereunder.

NOW THIS DEED WITNESSES and it is hereby agreed as follows: INTERPRETATION

1. In this deed unless the context otherwise requires:
1.1 ‘the Church’ means the church congregation at Auckland known as church’.
1.2 ‘the Constitution of the Church’ means the Framework Constitution (or any later Constitution or amendment adopted under clause 16.2 of this deed), and the Statement of Core Values to be adopted by resolution by the Trustees following the signing of this deed.
1.3 ‘First Trustees’ means the Trustees appointed on 1 April 2007 under clause 5.
1.4 ‘Interim Trustees’ means the parties to this deed.
1.5.1 ‘Major Transaction’ means any transaction or series of transactions including but not limited to; the purchase, sale, mortgaging or exchange of Trust Property exceeding $50,000 (including GST) in any rolling 12 month period. To avoid uncertainty, ‘Major Transaction’ does not include the payment of salary or wages of employees of the Trust Board.
1.5.2 The Trust Board may with the approval of three-fourths (3/4) majority of the Trustees holding office at the time increase or reduce the limit of $50,000 (including GST) and the rolling period within which it is calculated. The new financial limit and time period within which it is calculated shall be noted by resolution in the Trust Board minute book.
1.6 ‘Member of the Congregation’ means a person who adheres to the Articles of Faith and Statement of Core Values and who at any given time both regularly i) Attends services of the Church; and ii) Contributes financially to the Church and who has so attended services and contributed financially to the Church for a continuous period of not less than the preceding six (6) months.
1.7 “Trust Board” means the C1 CHURCH TRUST BOARD established hereunder and to be incorporated under the Charitable Trusts Act 1957.
1.8 “Trustees” includes the Interim Trustees, the First Trustees appointed under clause 5 and such other persons subsequently appointed to the Trust Board as provided in this deed.
1.9 “Trust Property” means the sums of money referred to in the Background to this deed and any further real and personal property inclusive of all investments or assets of whatever nature or kind which shall from time to time belong to or be vested in or be hereinafter acquired by the Trust Board from any source whatever for the purposes of the trust, the moneys and investments from time to time representing such property and any income or gain thereon.
1.10 Reference to the singular number includes the plural and vice versa.
1.11 Any headings are for ease of reference only and shall not affect the construction of this deed.
FORMATION OF TRUST
2. Acknowledgement of Trust, Trust Objects and Purposes
2.1 The Trust Board declares and acknowledges that the Trust Board shall henceforth hold the Trust Property upon trust for the establishment, conduct or advancement of all or any of the following objects and purposes:-
2.1.1 To act as a trustee for and on behalf of the Church and to engage in and carry on charitable work in accordance with this deed and the Constitution of the Church.
2.1.2 To promote the general objects of the Church as set out in the Constitution including, in particular:
(i) To promote and encourage faith in God, through Jesus Christ, as Saviour, in the inspiration and authority of the Scriptures, and the present work of the Holy Spirit in the Church.
(ii) To promote and encourage belief in the Articles of Faith as set out in Schedule A of this deed.
2.1.3 To receive, acquire, hold, invest, retain or deal in any manner with any kind of property of any nature or description anywhere in the world to aid and further the work of the Church.
2.1.4 To accept by gift, transfer, conveyance, bequest or otherwise from any person, trustee, board, society, company, council or other corporation or the Church any kind of property of any nature or description whether subject to any existing trusts or encumbrances or not.
2.1.5 To act as trustee of any charitable trust.
2.1.6 To carry out such other charitable purposes as the Trust Board shall determine.
2.1.7 Generally to do or perform all such acts matters or things as may be incidental or conducive to the attainment of any of the foregoing objects.
3. Trust Board Incorporation
3.1 For the better performance of the trusts created in this deed the Interim Trustees shall upon the execution of these presents immediately procure themselves in their capacity as trustees to be incorporated as a board pursuant to the Charitable Trusts Act 1957 under the name of the C1 CHURCH TRUST BOARD and all real and personal property for the time being held by them in their capacity as trustees shall be held in the name of the Trust Board.
TRUST BOARD POWERS
4. Trust Board Powers Authorities and Discretions
4.1 To have the powers of a natural person
4.1.1 To achieve the objects of the trust created hereunder the Trust Board shall have in the administration, management and investment of the Trust Property all the rights, powers and privileges of a natural person, and subject always to the trusts imposed by this deed, may deal with the Trust Property as if the Trust Board were the absolute owners of and beneficially entitled to the Trust Property, and accordingly, in addition to any specific powers vested in the Trust Board by law may do any act or thing or procure the doing of any act or thing, or enter any obligation whatever they consider will achieve or advance the Trust’s objects and purposes set out in clause 2 of this Deed. Without limiting the generality of this clause, the Trust Board’s powers shall include the following powers set out below:
4.2. To purchase or acquire
4.2.1 To purchase, take on lease or in exchange, hire or otherwise acquire, develop, improve and deal with real and personal property and rights of all kinds.
4.3. To acquire, invest, retain or deal
4.3.1 The Trust Board may acquire, invest in, retain or deal in any manner with any kind of property of any nature or description anywhere in the world which comprises some or all of the Trust Property notwithstanding that such acquisition, investment, retention or dealing is contrary to any legal requirement (statutory or judicial) as to the investment of trust property.
4.3.2 Without in any way limiting the scope of clause 4.3.1 and for the avoidance of doubt:
(i) ‘Any kind of property of any nature or description’ includes property of a speculative or hazardous nature,
(ii) The Trust Board may invest all or a major part of the Trust Property in one asset,
(iii) The Trust Board may fail or choose not to diversify the investments comprising the Trust Property.
(iv) The Trust Board may exchange all or any part of the Trust Property for other property on such terms and at such values as it sees fit. 4.3.3 Clauses 4.3.1 and 4.3.2 express a ‘contrary intention’ for the purposes of section 13D of the Trustee Act 1956.
4.4 To receive
4.4.1 To receive any gift or grant of money including legacies or property for any of the purposes and objects of the trusts herein declared whether subject to any special trust or condition or not PROVIDED HOWEVER that the Trust Board may at its discretion decline to accept any gift or donation or take over any property offered to it in part or in whole.
4.4.2 To join with the trustees of any estate or trust in which the Trust Board may be beneficially interested.
4.5. To maintain
4.5.1 To maintain, develop, improve, on lease, on hire or otherwise deal with and turn to account all or any of the Trust Property held by the Trust Board or in which it has an interest.
4.6 To sell
4.6.1 To sell all or part of the Trust Property in such manner and subject to such terms and conditions as the Trust Board shall see fit.
4.7. To borrow
4.7.1 For any purpose deemed by the Trustees to be in the interests of the Trust Board to borrow or raise any monies on mortgage, overdraft or otherwise with or without security on such terms and conditions as the Trustees shall think fit.
4.8 To lend
4.8.1 To lend, give mortgages, other securities, guarantees and indemnities.
4.9 To Employ
4.9.1 Subject to clauses 4.9.2 and 4.9.3, to employ or engage and dismiss any employees, consultants, advisers or agents as the Trust Board may consider necessary including the senior pastor or minister of the church from time to time and to compensate any person firm or company for services rendered to the Trust Board. Instead of the Trustees acting personally the Trustees may employ and pay any person to do anything relating to the Trust including the receipt and payment of money without being liable for any loss incurred.
4.9.2 The appointment or dismissal of the senior pastor or minister at any time shall require a three-fourths (3/4) majority of the Trustees holding office at the time.
4.9.3 In the carrying out of their responsibilities under this clause, the Trust Board may delegate the power to appoint (but not dismiss) any employee, consultant, adviser or agent to any other responsible person provided that this power to delegate shall not apply to the appointment of any person as a pastor, minister or leader employed by the Trust Board having spiritual oversight and responsibility for Members of the Congregation.
4.9.4 In the carrying out of their responsibilities under the terms of employment or engagement, any employee, consultant, adviser or agent is and remains accountable to the Trust Board.
4.10 To engage in business activity
4.10.1 To engage in any business activity either directly or indirectly by any means.
4.11 Advancement of Trust Board purposes & objectives
4.11.1 To adopt such means of making known and advertising the activities and purposes of the Trust Board as may seem expedient.
4.11.2 To apply for, promote and obtain any statute, order, regulation or other authorisation or enactment which may seem calculated directly or indirectly to benefit the Trust Board and to oppose any bills, proceedings or applications which may seem calculated directly or indirectly to prejudice the Trust Board’s interests.
4.11.3 To apply for, secure, acquire by grant, legislative enactment, assignment, transfer, purchase or otherwise and to exercise, carry out and enjoy any charter, licence, power, authority, franchise, concession, right or privilege which any government or authority or any corporation or other public body may be empowered to grant, and to pay for, aid in and contribute towards carrying the same into effect.
4.12 Insurance
4.12.1 The Trust Board may insure any Trust Property, any risk of the Trust Board or any person for any amount against any risk.
4.13 Major Transaction by the Trust Board
4.13.1 Any Major Transaction proposed by the Trust Board shall require the agreement of at least three-fourths (3/4) majority of the Trustees holding office at the time.
4.13.2 Before adopting any resolution to proceed with a Major Transaction under clause 4.13.1, the Trust Board shall cause notice of the proposal and the opportunity for making submissions to be given to the Members of the Congregation under clause 10.3
4.14 General power to delegate
4.14.1 In addition to any specific powers of delegation given under this deed (but subject to any provision which requires the decision of the Trustees personally) the Trust Board shall also have the following general powers of delegation;
(i) The Trust Board may delegate to any person or committee, whether or not a Trustee or Trustees, such of the powers of the Trust Board as the Trust Board may decide.
(ii) Any person or committee acting under delegated power shall act in accordance with the terms of this deed and, in the absence of proof to the contrary, shall also be presumed to be acting within the terms of the delegation.
(iii) The Trust Board may revoke wholly or partly any delegation of the Trust Board at any time.
(iv) Subject to any directions given by the Trust Board, any person or committee to which any powers of the Trust Board have been delegated may conduct that person’s or the committee’s affairs as that person or the committee may decide.
(v) The Trust Board may, in delegating the powers of the Trust Board provide restrictions or rules by or within which such delegated powers are to be exercised.
APPOINTMENT AND REMOVAL OF TRUSTEES
5. Interim and First Trustees of the Trust Board
5.1 On the signing of this deed the Interim Trustees shall be the Trustees of the Trust Board until the expiration of the current financial year on 31 March 2007 at which time the First Trustees shall be appointed under clause 5.2 below.
5.2 On or before 15 March 2007 Hamish and Di (or the survivor of Hamish and Di) shall give notice in writing to the Interim Trustees appointing the First Trustees who are to take office on 1 April 2007. The First Trustees shall include Hamish and Di and at least 4 other trustees.
5.3 In the event that Hamish and Di fail to give notice in writing appointing the First Trustees as required under clause 5.2, the Interim Trustees shall forthwith appoint by resolution under clause 7.1 at least 4 persons to hold office as First Trustees together with Hamish and Di (or such other persons who shall hold the office of senior pastor or minister of the Church) and shall continue to hold office as trustees until such appointments have been made at which time the appointment of the Interim Trustees shall cease.
6. Permanent Trustees of the Trust Board
6.1 After the appointment of the First Trustees to hold office from 1 April 2007 (or such later time as the First Trustees are appointed under clause 5.3), the following provisions shall apply to the appointment and removal of Trustees.
6.2 At any time there shall be not fewer than five (5) nor more than twelve (12) Trustees who shall comprise the following:
(i) The pastor for the time being having oversight of the Church and tenure during his or her term of office, and if there be more than one pastor so appointed then the senior pastor shall take office as Trustee. Where two persons are jointly appointed to the position of either pastor or senior pastor (as the case may be), then both appointees shall take office as Trustees.
(ii) (a) Where only one pastor or senior pastor holds office as Trustee under clause 6.2 (i), then up to two (2) Trustees who may be appointed by the pastor or senior pastor:
(b) Where two pastors or senior pastors hold office as Trustee under clause 6.2 (i) then one (1) Trustee who may be appointed by the pastors or senior pastors acting jointly such Trustee or Trustees to be appointed for a term of three (3) years or until the happening of one of the events prescribed in Clause 7.3 whichever occurs first; and
(iii) Such other Trustees who shall be appointed by the Trust Board and who shall hold office for a period of three (3) years or until the happening of one of the events prescribed in Clause 7.3.hereof whichever occurs first.
6.3 Trustees appointed under clause 6.2 (ii) or (iii) are on the expiration of their term of office eligible for reappointment for a further term of three (3) years but no Trustee shall be eligible for reappointment whose term of office has been vacated as a result of any of the events set out in clauses 7.3 (v) – (xiii).
6.4 A Trustee who has at some time ceased to hold office under clause 7.3(i), (ii), (iii), (iv) or (ix) but who later becomes eligible for selection as a Trustee under clause 7.2 may be appointed as a Trustee for a new term.
7. General provisions concerning appointment and removal of Trustees
7.1 Subject to clauses 5 and 6.2 (i) and (ii) the power to appoint Trustees or to re-appoint existing Trustees under and by virtue of these presents vests in the Trust Board. The appointment of a new Trustee or the reappointment of an existing or previous Trustee shall require the support of three-fourths (3/4) of the Trustees holding office at the time.
7.2 It is recognized that under the constitutional arrangements for the governance and operation of the church, the Trustees also hold office as elders of the congregation and as such are responsible for the spiritual oversight and direction of the Church. Trustees shall therefore be persons who:
i) Are Members of the Congregation and christians of standing and integrity;
ii) Adhere to the Articles of Faith and Statement of Core Values; and
iii) Evidence spiritual wisdom and maturity being recognized and respected by Members of the Congregation for their faith and life.
7.3 Any person shall cease to be a Trustee if he or she:
(i) Resigns as a Trustee by giving notice in writing to the Trust Board; or
(ii) Ceases to hold office in terms of Clause 6.2 (i) hereof; or
(iii) Ceases to be a Member of the Congregation; or
(iv) Fails or neglects to attend three consecutive meetings of the Trust Board without leave of absence of the Trust Board, unless it appears to the other Trustees at their first meeting after the last of such absences that there is a proper reason in each instance for such non-attendance; or
(v) Becomes bankrupt or insolvent; or
(vi) Refuses to act; or
(vii) Becomes of unsound mind (if necessary, as certified by a qualified medical practitioner) or becomes a protected person under the Protection of Personal and Property Rights Act 1988; or
(viii) Is convicted of an indictable offence; or
(ix) Is absent from New Zealand for a period of six (6) months without obtaining leave of absence of the Trust Board; or
(x) Dies; or
(xi) Ceases to subscribe to the Articles of Faith or to the Statement of Values contained in the Constitution; or
(xii) Commits a serious moral failing or other serious misconduct having regard to the values and principles set out in the Constitution as determined by a three-fourths (3/4) vote of the remaining Trustees holding office at the time; or
(xiii) Has been deemed by a three-fourths (3/4) vote of the remaining Trustees holding office at the time to have lost their confidence.
8. Liability and Indemnity of Trustees
8.1 The Trustees are authorized to exercise the powers of investment conferred herein and the Trustees shall not be liable for any loss occasioned thereby.
8.2 No Trustee or former Trustee or any officer of any Trustee or former Trustee shall be liable for:
(i) Any loss incurred by the Trust Board of the Trust Property not attributable to that Trustee’s or officer’s own dishonesty, or to the wilful commission or omission by that Trustee or officer of an act known by that Trustee or officer to be a breach of trust; or
(ii) Any negligence, fraud, default or delay of any agent employed by any Trustee or former Trustee (even though the employment of such agent was not strictly necessary or expedient).
8.3 No Trustee shall be bound to take any proceedings against any other Trustee or former Trustee or any officer of a Trustee or former Trustee for any breach or alleged breach of trust committed by any other Trustee or former Trustee or any officer of any Trustee or former Trustee.
8.4 Each Trustee shall be entitled to a full and complete indemnity from the Trust Property for any personal liability which that Trustee may incur in any way arising from or in connection with that Trustee acting or purporting to act as a Trustee of the Trust Board, provided such liability is not attributable to that Trustee’s own dishonesty, or to the wilful commission or omission by that Trustee of an act known by that Trustee to be a breach of trust.
MANAGEMENT OF THE TRUST
9. Trust Board Meetings
9.1 The Trust Board may meet for the dispatch of business adjourn and otherwise regulate its meetings and procedures as it thinks fit. Unless and until otherwise unanimously decided by the Trust Board by resolution, five (5) members shall constitute a quorum of the Trust Board.
9.2 Any meeting of the Trust Board at which a quorum is present shall be competent to exercise all the authorities, powers and discretions by or under the rules of the Trust Board generally.
9.3 The continuing Trustees may act notwithstanding any vacancies in their number but if and so long as their number is reduced below the minimum necessary to form a quorum at a meeting of the Trust Board the continuing Trustees may act for the purpose of filling up vacancies in the Trust Board but for no other purpose.
9.4 The Trust Board may meet at any time and the Secretary of the Trust Board shall upon the request of the Chairman or any two (2) members of the Trust Board convene a meeting of the Trust Board. All Trustees for the time being in New Zealand shall be given not less than seven (7) clear days’ notice in accordance with Clause 19 for the giving of notice for any meeting of the Trust Board. In the event that an emergency arises which requires urgent consideration by the Trust Board a meeting of the Trust Board may be convened on twenty-four (24) hours notice. In this event, all reasonable endeavours shall be made to ensure the attendance of all the trustees at the emergency meeting whether in person, by telephone conference or video link.
9.5 The Trust Board shall elect a Chairman from amongst the members of the Trust Board for such term as they shall determine and may by resolution remove such Chairman and appoint another Chairman in his or her place.
9.6 The Trust Board shall from time to time appoint a Secretary upon such terms as to remuneration or otherwise as it shall think fit PROVIDED that such Secretary need not be a member for the time being of the Trust Board.
9.7 If the chairman for the time being of the Trust Board shall not be present at any meeting or being present at any meeting shall be unwilling to take the chair at that meeting, those members of the Trust Board who are present at such meeting shall choose one of their number to be Chairman for the meeting.
9.8 The Trust Board may invite to any meeting whatever other person or persons as the Trust Board may decide.
9.9.1 The contemporaneous linking together of the Trustees by telephone or other electronic means of communication (‘telephone’) shall constitute a meeting of the Trust Board and the provisions of clause 9 as to meetings of the Trust Board shall apply to such meetings provided the following conditions are met:
(i) Each Trustee then in New Zealand shall be entitled to notice of such a meeting by telephone and to be linked by telephone for the purposes of the meeting;
(ii) A Trustee outside New Zealand may join a meeting of the Trust Board by telephone;
(iii) Each of the Trustees taking part in the meeting by telephone must be able to hear each of the other Trustees taking part during the whole of the meeting:
(iv) At the commencement and conclusion of such meeting each Trustee must acknowledge the presence of that Trustee for the purpose of a meeting of the Trustees being held;
(v) A Trustee may not withdraw from such a meeting unless that Trustee has previously obtained the express consent of the Chairman of the meeting to do so;
(vi) A Trustee shall be conclusively presumed to have been present and to have formed part of the quorum of such a meeting at all times during the meeting by telephone unless that Trustee has previously obtained the express consent of the Chairman to withdraw from such a meeting.
9.9.2 A minute of the proceedings of any such meeting by telephone shall be sufficient evidence of such proceedings and of the observance of all necessary formalities if certified to be a correct minute by the Chairman of the meeting.
9.10.1 Except as expressly provided otherwise by this deed any matter requiring decision at a meeting of the Trustees shall be decided by a simple majority of the Trustees personally present and voting on the matter.
9.10.2 A Trustee joining with a meeting of the Trust Board in accordance with clause 9.9.1 is personally present at the meeting.
9.11 Each Trustee present at the meeting shall be entitled to one (1) vote.
9.12 In the case of an equality of votes the Chairman of the meeting shall be entitled to a second or casting vote.
9.13 All acts done by any meeting of the Trust Board or by any person acting as a Trustee of the Trust Board shall, notwithstanding that it be afterwards discovered that there was some defect in the appointment or continuance in office of any Trustee of the Trust Board or any person so acting, or that they or any of them were disqualified, be as valid as if every such person had been duly appointed or had duly continued in office and was qualified to be a Trustee of the Trust Board.
10. Transparency and Consultancy in the Operation of the Trust Board and the Church
10.1 The Trustees shall use their best endeavours to ensure that the operation and business of the Trust Board and the Church is conducted in a transparent and open manner.
10.2 In making decisions in relation to the affairs of the Church the Trust Board shall use its best endeavours to inform and consult with Members of the Congregation. While the Trustees shall make every effort to consider any views held by Members of the Congregation, the Trustees and/or the Trust Board shall be under no obligation to take those views into account in their decisions. Subject to clause 10.3 the form of consultation adopted in relation to any decision shall be at the discretion of the Trust Board having regard to the nature of the decision including its significance, commercial sensitivity, matters of confidentiality or any other relevant matter.
10.3 Without limiting the generality of clause 10.2, where any decisions are proposed to be taken under clause 4.13 (Major Transactions), clause 4.9 (appointment of senior pastor or minister), clause 16 (variation of the trust deed, adoption or amendment of Constitution), or clause 17 (termination of trust) the following provisions shall apply:
i) At least two (2) weeks before the meeting of the Trust Board at which a vote on the decision is to be taken, notice of the decision (including the particulars set out in clause 10.3 (ii) below) shall be given to the Members of the Congregation by announcement from the pulpit and by posting in the regular church newsletter or bulletin, or by electronic communication to the Members;
ii) Such notice shall include details of the proposal, the date of the meeting at which the decision is to be made and the form and process for making submissions to the Trust Board concerning the proposed decision;
iii) Members of the Congregation shall be entitled to make submissions on the proposal to the Trust Board before any vote is taken by the Trust Board. The form and process for making submissions in relation to any decision shall be determined in the discretion of the Trust Board
11. Trust Board Minute Book
11.1 The Trust Board shall cause a minute book to be kept in which shall be affixed or entered or duly signed minutes of meetings of the Trust Board. Any committee appointed by the Trust Board shall keep its own minute book in like manner.
11.2 Minutes of the proceedings of all meetings of the Trustees shall be recorded in a book to be kept for that purpose by the Secretary and shall be signed by the Chairman of the meeting at which the minutes are confirmed. Every such minute purporting to be so signed shall be prima facie evidence of the matters recorded.
11.3 A resolution in writing signed by all of the Trustees who shall at the date of the signing of such resolution be in New Zealand, shall be as valid and effectual as if it had been passed at a meeting of the Trust Board or of any committee of the Trust Board duly convened and constituted.
12. Trust Board Accounting Records
12.1 The Trust Board shall cause timely, true and proper accounting records for each year to be kept in such manner as the Trust Board may decide with respect to:
(i) All sums of money received and expended by the Trust Board and matters in respect of which receipts and expenditure take place.
(ii) All sales and purchases of goods by the Trust Board.
(iii) The assets and liabilities of the Trust Board. and all such other matters necessary for showing the true condition of the trust hereunder.
12.2 The accounting records shall be kept at the office of the Trust Board or such other place or places as the Trust Board thinks fit and shall always be open to the inspection in ordinary business hours by any Trustee or Member of the Congregation.
12.3 The accounting records shall be audited at least once in each year by a chartered accountant (not being a Trustee) appointed in that capacity by the Trust Board.
13. Interested Trustee
13.1 Any Trustee who is or may be in any other capacity whatsoever interested or concerned directly or indirectly in any Trust Property or matter in which the Trust Board is or may be in any way concerned or involved, shall disclose the nature and extent of that Trustee’s interest to the other Trustees, and shall not take any part whatever in any deliberations of the Trustees concerning that Trust Property or matter, other than to provide a quorum.
14. No Personal Pecuniary Profit
14.1 No personal or private pecuniary profit shall be made by any person from the Trust Property, except that:
(i) Any Trustee or officer of the Trust Board may receive full reimbursement for all expenses properly incurred in connection with the affairs of the Trust Board.
(ii) The Trust Board may pay reasonable and proper remuneration to any Trustee, officer or employee of the Trust Board for services actually rendered to the Trust Board.
(iii ) Any Trustee may be paid all usual professional, business or trade charges for services rendered, time expended and all acts done by that Trustee or by any firm, entity or trust of which that Trustee is a member, employee or associate in connection with the affairs of the Trust Board.
(iv) Any Trustee may retain any remuneration properly payable to that Trustee by any company or undertaking with which the Trust Board may be in any way concerned or involved for which that Trustee has acted in any capacity whatever, notwithstanding that that Trustee’s connection with that company or undertaking is in any way attributable to that Trustee’s connection with the Trust Board.
(v) The Trust Board when determining all reimbursements,remuneration and charges shall firstly ensure that the requirements of clauses 14.2 and 14.3 (if applicable) are strictly observed.
14.2 Except as provided in clause 14.3, any person who is:
(i) A Trustee of the Trust Board; or
(ii) A shareholder or director of any company by which any business of the Trust Board is carried on; or
(iii) A settlor or trustee of a trust that is a shareholder of any company by which any business of the Trust Board is carried on; or
(iv) An associated person (as defined in the Income Tax Act 2004) of any such settlor, trustee, shareholder or director; shall not by virtue of that capacity in any way (whether directly or indirectly) determine or materially influence in any way the determination of the nature or the amount of any benefit or advantage or income or the circumstances in which it is received, gained, achieved, afforded or derived by that person.
14.3 Any person who in the course of and as part of the carrying on of his or her business of a professional public practice shall not, by reason only of providing professional services to the Trust Board or to any trust or company by which any business of the Trust Board is carried on, be in breach of Clause 14.2.
15. Income Tax Rebate Receipts
15.1 While the Income Tax Act 2004 or any substitute or replacement legislation requires charitable donations in respect of which a receipt has been issued to the donor for the purposes of claiming a rebate, be applied to charitable purposes within New Zealand, or for any other reason which the Trustees shall consider appropriate, the Trust Board shall operate a separate bank account in respect of gifts of money received and in respect of which a receipt is issued for the purposes of claiming an income tax rebate (hereinafter referred to as the ‘New Zealand Account’). All other gifts of money or donations in respect of which a receipt is issued shall be banked in a separate bank account (hereinafter referred to as the ‘New Zealand and Overseas Account’).
15.2.1 The New Zealand Account is to be in respect of all gifts of money received and in respect of which a receipt is issued to the donor for the purposes of claiming a rebate under section KC 5 of the Income Tax Act 2004, or any enactment or amendment thereof or in substitution therefore. Receipts issued for such gifts of money shall be marked ‘qualifying donation’.
15.2.2 Monies in the New Zealand Account shall be applied to the charitable objects of the Trust exclusively within New Zealand or such overseas organizations listed in section KC 5 (1) of the Income Tax Act 2004 or any enactment or amendment thereof or in substitution therefore.
15.3.1 The New Zealand and Overseas Account is to be in respect of all gifts of money received and in respect of which a receipt for the purposes of claiming a rebate under section KC 5 of the Income Tax Act 2004, or any enactment or amendment thereof or in substitution therefore, is not issued. Receipts issued for such gifts of money shall be marked ‘donation does not qualify for tax rebate’.
15.3.2 Monies in the New Zealand and Overseas Account may be applied to the charitable objects of the Trust within New Zealand or outside New Zealand.
15.4.1 A person making a gift of money to the Trust shall be notified of the two separate accounts and may specify to which account their gift of money shall be applied.
15.4.2 Where a donor does not specify or indicate to which account their gift of money shall be applied, such gift of money shall be applied to the New Zealand and Overseas Account. Any receipts issued for such gifts of money shall be marked ‘donation does not qualify for tax rebate’.
16. Variation of Objects and Powers
16.1 The objects powers and provisions of this declaration of trust may be altered, added to rescinded or otherwise amended by a resolution passed by at least three-fourths (3/4) majority of the Trustees holding office at the time. Notice of the resolution shall be recorded by deed executed by the Trustees for the time being PROVIDED HOWEVER that no variation shall be made which would enable any part of the Trust Property (whether income or capital) to be used for purposes which are not charitable according to the law of New Zealand.
16.2 In particular, but without limiting the generality of clause 16.1, the Trust Board (by a resolution passed by at least three-fourths (3/4) majority of the Trustees holding office at the time) may at any time adopt or amend the Constitution setting out matters relating to the practice, governance and membership of the Church (including the Statement of Core Values).
17. Trust Board Property on ceasing operation, dissolution or winding up
17.1 If at any time the Trust Board has disbursed all the Trust Property to the objects and purposes of the trust hereunder, or it is no longer practicable or desirable to carry out the purposes of the trust hereunder, the Trust Board may, by unanimous resolution of the Trustees decide to cease carrying on operation.
17.2 Where the Trust Board has by unanimous resolution under clause 15.1 decided to cease carrying on the operation of the trust, and/or the Trust Board is dissolved by the Registrar of Incorporated Societies (‘the Registrar’) or the Trust Board is wound up by the Court, then the Trustees shall apply all Trust Property in accordance with clause 15.3.
17.3 All Trust Property (if any) of which the Trust Board shall stand possessed or be entitled to or over which it shall have any disposing power at the date of the unanimous resolution to cease operations, dissolution by the Registrar or winding up of the Trust Board shall be transferred to or otherwise vested in such charitable organisation or organisations in New Zealand whose objects include in whole or in part the objects set forth in this deed as the Trustees shall after consultation with the Members of the Congregation think fit and upon and subject to such trusts, terms and conditions as the Trust Board or Trustees (as the case may be) in their absolute discretion shall think fit.
COMMON SEAL
18.1 Upon incorporation under the Charitable Trusts Act 1957 the Trust Board shall cause to be made a common seal. The common seal shall be affixed to any document only pursuant to a resolution of the Trust Board and in the presence of and accompanied by the signatures of two (2) Trustees.
19. Notice of Meetings
19.1 The accidental omission to give notice to or the non-receipt of notice by any Trustee or any other person entitled to such notice shall not invalidate any proceedings of the Trust Board.
19.2 A notice of any meeting or any other notice which the Trust Board or the Secretary or any other officer of the Trust Board may require to give to any Trustee or any other person may be given by delivering the same personally or by sending it by facsimile to the facsimile number or by sending it by electronic transfer to the email address that the Trust Board shall hold for that Trustee or other person, or post addressed to such person at his address for service which he shall have notified to the Trust Board or if any such Trustee shall not have notified such an address for service at his last known place of business or residence in New Zealand or if no such address may be readily ascertainable by leaving the same at the registered office for the time being of the Trust Board. Where a notice is sent by post, service of the notice shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the notice and the notice shall be deemed to have been effected by the expiration of seventy-two (72) hours after the letter containing the notice is posted.
20. Registered Office
20.1 The registered office of the Trust Board shall be at such place as the Trust Board may from time to time determine but until the Trust Board otherwise determines the registered office of the Trust Board shall be situated at 3 Rajan Place, Hillsborough, Auckland. Notice of the registered office and any change thereto shall be notified to the Registrar of Incorporated Societies.
21. Signing of Cheques
21.1 All cheques, bills of exchange and promissory notes shall be signed drawn made accepted or endorsed (as the case may require) for and on behalf of the Trust Board by two (2) authorised signatories of whom at least one (1) shall be a Trustee and the other may be a person or persons appointed by the Trust Board for this purpose.
22. Trust Board Procedure
22.1 Where any procedural requirements set forth in the rules contained in this Deed shall be found not to have been complied with any subsequent meeting of the Trust Board may ratify and confirm any earlier action purported to have been taken or done by the Trust Board or any committee of the Trust Board by a resolution supported by not less than three-fourths (3/4) of the Trustees present and voting at the meeting of the Trust Board when the resolution ratifying such earlier action is proposed.
23. Sign on behalf of the Trust Board
23.1 For the purposes of section 19 of the Charitable Trusts Act 1957 it is hereby declared that where that section authorises a trust board to enter into contracts signed on behalf of the Trust Board by any person acting under its authority, express or implied, any such contract when entered into by the Church may be signed on behalf of the Trust Board by the Secretary for the time being of the Trust Board or by any Trustee of the Trust Board or by any solicitor for the time being acting for the Trust Board but by no other person PROVIDED HOWEVER no such contract shall be entered into by any such person on behalf of the Trust Board except with the authority of a resolution passed by the Trust Board at a properly constituted meeting.

Schedule A
Statement of Faith
WE BELIEVE:
i) In one God, creator and sustainer of life, who is eternally existent in three persons, Father, Son and Holy Spirit.
ii) In Jesus Christ, the Son of God and in His virgin birth, atoning death, resurrection, ascension and coming again.
iii) In salvation by grace through faith in Jesus Christ; forgiveness, reconciliation and peace with God giving access to and relationship with Him; and the power of God to heal, transform and redeem the life of every believer.
iv) In the Bible as the inspired and authoritative Word of God.
v) In baptism by immersion, the Lord’s Supper and the baptism of the Holy Spirit leading to a life of usefulness for God.
vi) In the universal church which is the Body of Christ and in its growth and development through the exercise and contribution of gifts and ministries by every member.