22 JULY NEW ZEALAND GAZETTE 2081

in their favour is able to be obtained from the Waitangi Tribunal, Maori Appellate Court, the High Court or any other Court of competent jurisdiction and to retain the right of any hapu or iwi to bring or continue any such claim before such Tribunal or Court seeking an entitlement.

Background:

a. In 1853 certain lands comprising in total 1078 acres or thereabouts were the subject of Crown grants and were vested in the then Bishop of New Zealand of the Anglican Church for the purpose of establishing a school on certain terms.

b. No compensation was paid to the then Maori owners for the appropriation of the land the subject of the Grants.

c. No school has ever been erected on the land. A school operated intermittently supported by income from the land but not since the last century.

b. Whakarewa School Trust Board was incorporated as an Anglican Church Trust in 1907.

e. The Whakarewa School Trust Board administers the original land assets and other assets and bequests acquired by the Church or it subsequent to the said grants.

f. The Synod of the Diocese of Nelson has resolved that it is now just and desirable to vest the lands and other assets derived from the lands in a charitable trust for the benefit of the descendants of the original Maori owners of the lands.

g. The full names of the original Maori owners were contained in judgments in the Maori Land Court delivered in 1892 and 1893 and comprised Ngati Rarua and Atiawa manawhenua ki Motueka iwi.

h. There is no legal power to alter the objects of the Whakarewa School Trust Board to a wider extent than that contained in the Anglican Church Trusts Act 1981.

i. The Anglican Church Trusts Act 1981 only provides for a scheme of arrangement to transfer land assets and not significant other assets or funds held by the Board.

j. The descendants of the original Maori owners being the Ngati Rarua and Atiawa manawhenua ki Motueka iwi have incorporated a charitable trust in which it is desired to vest the remaining land and funds derived from the land.

k. Provision has been included in the Bill to protect the right of any other hapu or iwi to make or continue a claim to entitlement by whakapapa or otherwise to the original owners of the land in 1853 by claims to the Waitangi Tribunal, Maori Land Court, the High Court or any other Court of competent jurisdiction and to give effect to any decision which might be made in favour of such claimant subsequently.

l. The Bill further vests a power of review in the High Court of any decision made by the trustees as to who is to be entitled to be a beneficiary of the trust.

m. Consequent upon the passage of the Bill a provision is included for the dissolution of the Whakarewa School Trust Board.

n. Some of the funds held by the Whakarewa School Trust Board are acknowledged by the descendants of the original owners as not being derived from the lands and are to be vested in the Nelson Diocesan Trust Board for charitable purposes.

o. A large number of properties to be vested in the new trust pursuant to the Bill are subject to long term leases in respect of the houses built upon them. The provisions of the Bill provide that the assets vested in the new trust are subject to any liabilities or obligations existing at the date of such vesting i.e. the lessees of those properties will not be affected by the vesting. All that will occur is that there will be a different charitable trust as lessor but on exactly the same terms.

The promoters of the Bill are the trustees of the Ngati Rarua-Atiawa Iwi Trust—Paul Te Poa Kararoa Morgan, Robert Pinchia, Stephens, Amoroa Luke, Russell James Thomas, Robert Michael Takarangi Park, Barry Matthew Mason, John Te Rangi Okiwa Morgan and Nicholas McDonald. The address to which communications or notices to the promoters may be sent is care of the offices of Gascoigne Wicks & Co, Solicitors, 79 High Street, P.O. Box 2, Blenheim (Fax 03-578-4080).

The District Court office at which a copy of the Bill may be inspected under Standing Order 273 of the Standing Orders of the House of Representatives is the District Court office at Bridge Street, Nelson.

P. T. P. K. Morgan, R. P. Stephens, A. Luke, R. J. Thomas, R. M. T. Park, B. M. Mason, J. T. R. O. Morgan, N. McDonald
The Trustees of the Ngati Rarua—Atiawa Iwi Trust by their solicitors, Gascoigne Wicks & Co, per:

R. D. CROSBY.

P5579

Notice of Private Bill

Countrywide Banking Corporation Limited Bill 1993

Countrywide Banking Corporation Limited having acquired 100% of the share capital in United Bank Limited on 8 May 1992 hereby gives notice that it intends to apply for leave to bring in the above-mentioned Private Bill during the present session of Parliament.

The objects of the Bill are to provide for:

(1) The transfer to Countrywide Banking Corporation Limited of the undertaking of United Bank Limited; and

(2) The dissolution of United Bank Limited; and

(3) Other purposes incidental thereto and consequent thereon.

Legislation is the only means by which the above objects of the said Bill can be effected efficiently and economically and without interference with the conduct and continuity of the business of banking in the interests of the said banks, their staff, their customers, and other persons having business with them.

The Bill provides that on a day to be appointed by the Governor-General in Council (the vesting day), the undertaking of United Bank Limited will vest in Countrywide Banking Corporation Limited. A reference to United Bank Limited in any instrument made before the vesting day will by virtue of the Bill be read as a reference to Countrywide Banking Corporation Limited. Any guarantee given by any person to United Bank Limited, or in respect of United Bank Limited’s obligations will remain binding after the vesting day. All proceedings commenced by or against United Bank Limited before the vesting day will continue after that day in the name of Countrywide Banking Corporation Limited. Customers of and depositors with United Bank Limited will have the same relationship with Countrywide Banking Corporation Limited as they had with United Bank Limited. All contracts entered into by United Bank Limited before the vesting day shall to the extent that they were previously binding on United Bank Limited be binding on Countrywide Banking Corporation Limited and any security held by United Bank Limited shall be available to Countrywide Banking Corporation Limited.

The promoter of the Bill is Countrywide Banking Corporation Limited.

Communications or notices to the promoter may be sent to Rudd Watts & Stone, Solicitors, PO Box 1519, Auckland.

TAURANGA DISTRICT LAWYER