3824

NEW ZEALAND GAZETTE

No. 155

General Notices

Notice of Entry into Possession of

Mortgaged Property

Pursuant to Section 104DD of the Property Law Act 1952

Take notice that on the 12th day of November 2001,
Negotiable Investments Limited, pursuant to memorandum
of mortgage D. 411772.2, entered into possession of the
property at Apartments 2B, 2D, 3H, 3J, 3L, 4B, 4K, 5B,
5D, 5J, 5K, 6A and 6B, 118 Gladstone Road, Gladstone
Apartment Building, Parnell, Auckland.

This notice is given by John Waymouth, barrister of
Takapuna, Auckland, and any correspondence pertaining to
this matter should be directed to David Nicoll, solicitor for the
mortgagee, at P.O. Box 37-336, Parnell, or D.X. C.P. 31-521,
Parnell, Auckland. Telephone: (09) 358 4975. Facsimile:
(09) 358 4976.

Negotiable Investments Limited by its counsel and duly
authorised agent:

JOHN WAYMOUTH.

gn8009

Private Bills

Te Whanau-a-Taupara Trust

Empowering Bill

Notice of Intention to Promote a Private Bill—

Te Whanau–a–Taupara Trust Empowering Bill

1. The Waerenga-a-hika Trust Board gives notice that it
intends to promote a private Bill, the Te Whanau-a-Taupara
Trust Empowering Bill (“the Bill”), by petitioning the
House of Representatives (“the House”) that the Bill be
introduced to the House.

Background

2. The Taupara whanau gifted a block of land known as
“Waerenga-a-Hika” to the Crown by deed dated 9 April
1857, for the purpose of establishing an educational trust.

3. The Crown then gifted this piece of land to the Bishop of
Waiapu and a deed of trust was executed for a school for
Māori in connection with the Anglican Church.

4. This school was destroyed in a fire in 1937 and the
trust funds were not sufficient to rebuild the school. As a
result, the Waerenga-a-hika Trust Act 1947 was enacted to
expand the charitable and educational objects of the
Waerenga-a-hika Trust.

5. The main object of the trust is to provide for the
post-primary educational needs of the children of
Te Whanau-a-Taupara. The objects of the trust provide
that half of the trust’s income must be put towards
scholarships at schools conducted by the Church of England,
and that in all other cases preference must be given to
schools of the Church of England.

6. However, it is difficult for the trust board to fulfil its
objectives as children must travel further afield to boarding
schools to take up their scholarships.

7. The powers of the trustees are restrictive. In addition, it
is required that all leases be in accordance with the Public
Bodies Leases Act 1969. This has led to a situation in which
most of the leases are 21 year perpetually renewable leases,
known as “Glasgow leases”.

8. The 1947 Act is outdated and the trustees desire to:

(i) widen the charitable and educational objects of the
trust and widen the powers of the trustees under a
new trust; and

(ii) ameliorate the restrictive conditions imposed on
the trust by virtue of the Public Bodies Leases Act
1969.

9. The members of the Waerenga-a-hika Trust Board have
executed a Deed of Trust, of the Te Whanau-a-Taupara
Trust.

Purpose of the Bill

10. The purpose of this Bill is to facilitate the modernisation
of the administration of the Waerenga-a-hika Trusts. To this
end, the Bill provides:

● that the assets of the Waerenga-a-hika Trust Board are
vested in the trustees of Te Whanau-a-Taupara Trust,
which is set out in the trust deed dated 30 October 2001,
a copy of which is set out in Schedule 2 of the Bill; and

● that the board, constituted by the Waerenga-a-hika Trust
Act 1947, shall be dissolved; and

● that all previous trusts shall be extinguished; and

● that the Waerenga-a-hika Act 1947 is repealed; and

● that all trusts specified in the trust deed are charitable
trusts for all purposes at law; and

● that the application of the Public Bodies Leases Act
1969 is limited.

Communications about the Bill may be sent to Marianne
Mackintosh, Associate, Chen Palmer & Partners, P.O. Box
2160 or D.X. S.P. 26-503, Wellington.

A copy of the Bill may be inspected at the Gisborne District
Court Office, Reads Quay Building, Customhouse Street,
Gisborne.

pb8092