✨ Native Land Regulations
1416
THE NEW ZEALAND GAZETTE.
[No. 46
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If the number of persons nominated is not more than the number required to be elected, the chairman shall declare them elected.
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If the number of persons nominated exceeds the number required to be elected, the chairman shall call upon the meeting to elect from the persons nominated the number required, and may appoint one or more scrutineers for the purpose of counting the votes recorded. The votes may be given by a show of hands, or in such other manner as the meeting determines.
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In the case of equality of votes the chairman shall, if entitled to vote, have a casting-vote in addition to his ordinary vote.
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The chairman shall declare those persons (not being more than the number of persons required to be elected) who have received the highest number of votes to be elected as the committee of management.
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A list of the persons so elected shall forthwith be prepared by the chairman. The list shall be signed by him and countersigned by some member of the body corporate or person present at the meeting, and shall be forwarded to the Registrar of the Native Land Court.
PROCEEDINGS OF COMMITTEE.
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The members of the committee of management so elected may meet together for the despatch of business, adjourn, and otherwise regulate their meetings as they think fit. The quorum shall be three.
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At the first meeting after their appointment the members of the committee shall elect one of their number to be chairman, and shall determine the period for which he is to hold office.
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All meetings of the committee shall be called by the chairman, but any two members may at any time require the chairman to summon a meeting. Not less than three days’ notice of any meeting shall be given to every member of the committee.
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If at any meeting the chairman is not present at the time appointed for holding the same, the members present shall choose one of their number to be chairman, and the person so chosen shall have and may exercise at that meeting all the powers of the chairman.
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Questions arising at any meeting shall be decided by a majority of the members present, provided that three members at least shall concur in every act of the committee. In the case of an equality of votes, the chairman shall, in addition to his deliberative vote, have a casting-vote.
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Minutes of the proceedings of the committee shall be recorded in a minute-book, and the minutes of any meeting shall be read and confirmed at the next succeeding meeting.
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The committee may appoint a secretary, who shall be paid such remuneration as the committee thinks fit. The chairman or any member of the committee shall be eligible for appointment as secretary.
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The books and records of the committee shall be in the custody of the secretary, or of the chairman if no secretary has been appointed.
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The committee may appoint any place it thinks fit as the office of the body corporate, and may from time to time remove such office to some other place.
POWERS AND DUTIES OF THE COMMITTEE.
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The committee shall as far as practicable act in accordance with the directions of the incorporated owners, as embodied in any resolution passed by the incorporated owners in general meeting.
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The committee shall keep a register containing the names of the incorporated owners and showing their respective interests. The register shall be open to inspection by any owner at all reasonable times. The committee may amend or add to the register from time to time as occasion may require.
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The committee shall cause true and proper accounts to be kept of the sums of money received and expended by the body corporate, and the matters in respect of which such receipts and expenditure take place, and of the assets, credits, and liabilities of the corporate body.
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The books of accounts shall be kept in the custody of the chairman or such other person as the committee may appoint, and shall be open to inspection by the owners at all reasonable times. The Court or a Judge thereof may direct that an owner or some one on his behalf shall be permitted to take copies of any account or accounts.
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As soon as possible after the 31st day of March in each year the committee shall prepare a balance-sheet containing a summary of its transactions during the year ending on the 31st day of March previous, together with a statement of its assets and liabilities upon the said 31st day of March.
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The committee shall submit the balance-sheet and statement to one or more auditors approved by a Judge, and such auditor or auditors shall examine the same, and shall certify, with such exceptions (if any) as he or they think fit, to the correctness thereof. The balance-sheet and statement so certified shall be laid before the annual meeting of the incorporated owners hereinafter mentioned.
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Where at the end of any year the revenues in the hands of the committee appear from the certified balance-sheet to be in excess of the liabilities to be provided for, the committee shall deal with such excess in accordance with the instructions embodied in any resolution passed at a meeting of the incorporated owners: Provided that where such excess is to be distributed amongst the owners, such distribution shall be made according to their respective shares or interests.
MANAGEMENT OF FARM.
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Where the committee occupies and manages the land vested in the body corporate or any portion thereof as a farm, the committee may appoint a manager, and all such servants or agents as it deems necessary, at such remuneration as it may determine.
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The manager shall have all such powers of control and management of the farm as the committee confers upon him, and he shall conform to the directions of the committee in that behalf.
MEETINGS OF INCORPORATED OWNERS.
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An annual meeting of the incorporated owners shall be held in the month of April, or as soon thereafter as practicable, at a time and place to be fixed by the committee. At each annual meeting the certified balance-sheet and statement hereinbefore mentioned for the year ending on the 31st day of March previous shall be submitted by the committee and considered in addition to any other business that may properly be brought forward.
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(1.) A special meeting of the incorporated owners may be convened at any time by the committee, and shall be so convened upon the requisition in writing of not less than five of the incorporated owners.
(2.) Such requisition shall state the purpose for which the meeting is required, and shall be handed to the chairman or to the secretary of the committee, and it shall be the duty of the officer to whom the same is so handed to bring the same before the committee.
(3.) On receipt of any such requisition the committee shall forthwith proceed to convene a special meeting of the incorporated owners, and if the committee fails so to do the Court, on the application of any of the owners who signed the requisition, may convene a special meeting.
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Seven days’ notice at least shall be given to as many as practicable of the incorporated owners of the time and place at which any meeting of the incorporated owners is to be held, and such notice shall (in the case of a special meeting) state the business to be brought forward, but the non-receipt of such notice by any incorporated owner shall not invalidate the proceedings.
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At every meeting of the incorporated owners the chairman of the committee, if present, shall preside, or, in his absence, the meeting shall appoint one of the incorporated owners present to be chairman of the meeting. The chairman of the meeting shall have a deliberative and a casting vote.
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At every such meeting five incorporated owners present in person or by proxy shall constitute a quorum, but a quorum shall not be deemed to be constituted unless at least three incorporated owners are present in person.
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At any time before the time fixed for the holding of any such meeting the chairman of the committee may postpone the same to some other time, or may appoint some other place of meeting, as he may deem expedient, and notice of such altered time or place shall be given.
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(1.) If at the time and place appointed for any such meeting, or within one hour thereafter, there is not a quorum present, or if for any other reason the meeting cannot be held, it shall stand adjourned from day to day at the same time and place for not longer than fourteen days till a quorum is present. If on the expiration of fourteen days there has not been a quorum present it shall lapse.
(2.) Where any annual meeting lapses as aforesaid the certified balance-sheet and statement hereinbefore mentioned shall forthwith be transmitted by the chairman to the Registrar.
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The chairman may, with the consent of the meeting, adjourn any meeting from time to time and from place to place.
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(1.) Every member of the body corporate and every trustee of any such member under disability shall have one vote and no more. Votes may be given either personally or by proxy.
(2.) An instrument appointing a proxy shall be in the form in the Schedule hereto, or to the like effect, and shall be signed in the presence either of a solicitor, a Justice of the Peace, a Stipendiary Magistrate, a registered medical practitioner, an Officiating Minister under the Marriage Act, 1908, a member of a Maori Land Board, a licensed
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✨ LLM interpretation of page content
🪶 Regulations for Incorporated Owners under Native Land Act - Proceedings of Committee
🪶 Māori Affairs29 April 1910
Native Land Act, Incorporated Owners, Committee of Management, Meetings, Quorum, Chairman, Secretary, Office, Records
🪶 Regulations for Incorporated Owners under Native Land Act - Powers and Duties of Committee
🪶 Māori Affairs29 April 1910
Native Land Act, Incorporated Owners, Committee of Management, Powers, Duties, Register, Accounts, Audit, Balance Sheet, Revenue, Liabilities
🪶 Regulations for Incorporated Owners under Native Land Act - Management of Farm
🪶 Māori Affairs29 April 1910
Native Land Act, Incorporated Owners, Committee of Management, Farm Management, Manager, Servants, Agents
🪶 Regulations for Incorporated Owners under Native Land Act - Meetings of Incorporated Owners
🪶 Māori Affairs29 April 1910
Native Land Act, Incorporated Owners, Meetings, Annual Meeting, Special Meeting, Requisition, Notice, Quorum, Chairman, Proxy, Schedule
NZ Gazette 1910, No 46