NATIVE TRUST ORDINANCE.

New Zealand Spectator and Cook's Strait Guardian, Volume I, Issue 8, 30 November 1844, Page 4

NATIVE TRUST ORDINANCE.

[Waitt for Rayal Contfi-mation.] Preamble. — Whereas the native people of l^Jew Zealand are by natural endowment apt for the acquirement of the arts and habits of civilized life, and are capable of great moral and social advancement ; and whereas large numbers of the said people are already desirous of being instructed in the English language, and in English arts and usages ; and whereas great disasters have fallen upon uncivilized nations on being brought into contact with colonists from the nations of Europe, and in undertaking the colonization of New Zealand her Majesty's Government have recognised the duty of endeavonring by all practical means to avert the like disasters from the native people of these islands, which object may be best attained by assimilating as speedily as possible the habits and usages of the native to those of the European population; and whereas provision hath been ro*da -for the appropriation of certain lands and moneys for the purposes aforesaid, and it is expedient for the better administration of tre said lands and moneys that trustees should be appointed, in whom the same shall be vested, with the powers and Under the restrictions hereinafter expressed ; be it theiefore enacted by the Governor of New Zealand, wilh the advice and consent of the Legislative Council thereof, as follows: — I. — Trustees and their Powers. 1. Who to be Trustees. — For the purpose of effecting the object hereinbefore mentioned, the persons hereinafter named shall be and are hereby appointed trustees, that is to say, His Excellency the Governor and Comman-der-in-Chief in and over the colony of New Zealand and its dependencies for the time being, or the officer for the time being adrninstering the Government thereof; the Right Reverend the Lord Bishop of New Zealand for the time being; the AttorneyGeneral for New Zealand for the time being, or the person for the time being lawfully acting in that capacity ; Wil)iam Spain, Esq., so long as he shall be a commissioner of land claims; the Chief Protector of the Aborigines for the time being, or the person for the time being lawfully acting in that capacity. %. Vacancies to be filled. — In case any person who by virtue of his office or otherwise would be a trustee under the provisions of this ordinance shall be unwilling to act as such trustee, or be desirous of being discharged from such trust, and in case the said William Spain shall cease to hold the office of commissioner of land claims, his Excellency the Governor shall forthwith, by warrant under his hand, appoint provisionally, subject to her Majesty's confirmation, some fit person to be a trustee iv the place of the person so declining to act or desiring to be discharged, or of the officer whose office shall so have ceased )o exist. 3. Trust Property to vest in new end old Trustees. — Upon every such appointment all the trust property, real and personal, shall vest, without any conveyance of assignment, in the continuing trustees and such new trustees as joint tenants thereof, as fully an i in the san c manner in all respects as in the original trustees. 4. Trustees, koto to be styled. — The said trustees shall be styled " The Trustees for Native Education and Improvement in New Zealand." 5. Trusts upon which Property shall be holden. — All property, real or personal, which shall from time to time be granted, conveyed, devised, bequeathed, or given to "The Trustees for Native Education in New -Zealand," shall be holden by them upon the trusts hereinbefore declared, that is to say, — Upon trust that the said trustees shall apply and expeoiihe rents, issues, and proceeds thereof in the establishment and maintenance of schools for the instruction of the native people in the English language, and for a systematic course of industrial and moral training in English usages and English arts, and in providing for the relief of the sick, and generally in such a way as may be most conducive to the bodily &nd spiritual welfare of the native race, and to their advancement in the scale of social and pelitical existence. Such schools, provision for the relief of the sick, religious instruction, or other advantages, not being, exclusively confined to persons of one particular religion. 6. Property not to be sold or incumbered. rr-And whereas it is desirable that all property, real or personal, which shall be at any time granted or conveyed, devised, bequeathed, or given to the said trustees upon the ttvistß hereinbefore declared, shall remain ■vested in the said trustees fer the time being, fr«e from any charge ox incumbrance whatsoever, and be managed', laid out, and invested by them in such a manner as that the best yeaHy~mconie can be reasonably made to eri#t therefrom may be available for the

purposes of this ordinance : be it therefore enacted as follows (tbJajt is to say), the said trustees shall not mortgage* charge, or incumber the said, property, real or personal, or any part thereof, or the rents, issues, and i proceeds thereof, nor shall they alienate or . dispose of such real property, as aforesaid, or any part thereof, except as hereinbefore meutioned (that is to say) :—: — 7. Power to Trustees to grant Leases. — It ( shall be lawful for the trustees for the time being to let the same or any part thereof, upon lease of any naiure, and upon any such conditions as to the trustees may seem fit, for a term not exceeding ninety-nine years, to take effect in possession, at the best yearly rent that can reasonably be gotten for the same, without taking any fine or premium for the making of such lease. 8. Property may be exchanged. — It shall also be lawful for the trustees for the time being to exchange the said real property, or any part thereof, for other property, of the like nature and tenure situated within the colony, and which shall appear to them to be of equal value with the land so given in exchange by them. The property so received in exchange shall be subject to all the ttusts, power, and provisions hereinafter contained. 9. All Licumbrances t #<?., to be void. — All mortgages, charges, and incumbrances of or upon the trust property, or any part of the same, and all conveyances and , alienations (excepting such as shall be made by virtue of the powers of leasing and exchanging as hereinborfo.re given,) shall be void and of none effect whatsoever. 10. Trusts of Property set apart for half caste Children. — And whereas there are and may be within the colony many children, of whose parents only one is or may be of the native race, for the benefit of which children their relations of the native race may* desire to be appropriated may be advantageously 'managed by the trustees appointed for the general purposes of this ordinance ; be it enacted as follows : — Every such portion of land which shall have been lawfully vested in the said trustees, atid the rents, issues, and proceeds thereof, shall be holden by them upon trust, for the education, maintenance, and advancement of the persons for whose benefit the same shall have been originally appropriated, and their descendents, in such shares and proportions, and in such manner in all respects as to the trustees shall seem meet ; with all the powers and subject to all the restrictions and provisions hereinbefore particularly mentioned as to other lands holden by the said trustees for the general purposes of this ordinance : provided always that nothing herein contained shall be held to prevent the said trustees from letting any such portions of land as aforesaid, or any part thereof, to any person beneficially interested therein, at a nominal rent, or such rent as to the trustees in their discretion may seem meet, or from making an absolute conveyance of the said portions of land, or any part thereof, to the children or decendauts, or any of them, of the persons in whose favour such lands shall have been originally appropriated, in such manner as to the said trustees in their discretion may seem meet. 11. On the failure of their Descendants, Property to be holden on general Trust. — In case there shall be at any time no person entitled to any beneficial interest ia^by lands appropriated as last mentioned, the trustees shall hold such land upon trust for the general purposes of this ordinance, with and subject to all the trusts, powers, and provisions herein contained. 12. Certain half-caste Children to be deemed Natives. — All persons of whose parents one only shall be of the native race, and for whom no lands shall have been appropriated as aforesaid, shall be deemed and taken to be native people within the provision of this ordinance. 13. Power to Trustees to appoint Agents. — The said trustees are hereby empowered to appoint from time to time such persons as they may think fit, to be agents for the, management of the trust property, in such places and in such manner as the said trustees may direct ; and to remove such agents or any of them at their discretion ; and to invest such agent for the time being with such powers and authorities as may be deemed necessary for the efficient and profitable management, of the trust property aforesaid; and to allow to such agents, out of the trust funds, such reasonable remuneration for their services, and in such manner, as to the trustees may seem fit. 14. Schoolmasters, Bsc. — The said trustees are also hereby empowered to appoint from time to time such persons as they' may think fit to tie masters or mistresses of schools,, to be established under the provisions of this ordinance •, and to remove such' roasters or mistresses, or any of them,, at their discretion ; and to allow such master* and mistresses, out of the trust fuad> iucb remuneration, and- in

such manner, as, to the trustees may seem fit;, and from time to time to prescribe the system of instruction to be pursued in such schools^ and to make rules for the regulation and government thereof. 15. Secretary. — The said trustees are also hereby empowered to appoint from time to time (whenever the business of the trust shall require such appointment to be made) some fit person to be Secretary to the said trustees ; and to remove any such Secretary at their discretion ; and to allow to such Secretary, out of the trust funds, such reasonable remuneration for his services as to the trustees may seem fit.

II. — Proceedings of Trustees. 16. Annual Meeting. — For the purpose of carrying this ordinance into execution, the said trustees or any four of them shall, in the month of October in every year, or as soon ther;after as conveniently may be, hold a meeting to be called the " annual meeting." 17. Special Meetings, — The said trustees or any four of them may also hold meetings at fcuch times as they may deem expedient, which shall be called "special meetings." 18. Ordinary Meetings. — The said trustees or any three of them shall hold a meeting which shall be called an " ordinary meeting," at least once in every quarter of a year, and at such other times as they may deem expedient. 1 9. Senior Member to preside. — At every meeting of the said trustees, his Excellency the Governor, or in his absence the senior trustee then present, shall preside. 20. And to have casting Vote. — All questions proposed for the decision of any meeting shall be decided by a majority of votes of the trustees then present: provided that the trustee presiding at such meeting shall, in addition to his original vote, have" also a casting vote, if upon any question the votes shall be equally divided. 21. Business of the "Annual Meeting" General Statement of affairs of Trust. — At every such " annual meeting," as aforesaid, there shall be laid before the trustees by the secretary or person acting as such a general statement of the affairs of the trust, made up to aud including the last day of the month preceeding that in which such " annual meeting " shall be holden, and the then existing I property, effects, debts, contracts, and liabilities, together with an estimate of the probable gross income of the trust for the ensuing year. 22. Estimate and Appropriation of Income. — The trustees shall then appropriate what shall appear to them the probable amount of such income for such specific purposes and in such shares and proportions and in such manner as shall appear to them best calculated for promoting the objects of this ordinance. It shall not be lawful for the trustees at any time or in any manner to incur any expense or liability in respect of the said trust, othei than such as shall have bpen sanctioned by such appropriation as aforesaid at the " annual meetiug " then last preceding. 23. Business of " Special Meetings," Bfc. Agents, #c, to be appointed. — At such annual meeting" or at such " special meeting" as aforesaid, but at no other time, the trustees may exercise the powers hereinbefore given to them touching the appointment, removal, authority, and payment of the secretary, agents, masters and mistresses of schools, the system of instruction to be pursued in such schools, and the rules to made for the regulation and government thereof. 24. Terms of Leases, #c, t o be prescribed. — The said trustees may also from time to time at any such "annual meeting" as aforesaid, hut at no other time, settle and prescribe the terms and conditions on which leases of the trust lands shall be granted, and the manner in which the property of j.he trust shall be administered, and make such rules and regulations as they may think fit respecting the mode of convening any of the meetings to be holden under the authority of this ordinance, and of transacting business there at. 25. Ordinary Meetings. — At any such "ordinary meeting" as atoresaid, the trustees then present may consider applications for leases, and grant leases, and generally transact all such business, and do all such acts (other than such as are hereinbefore forbidden to be done except at an "annual" or "special meeting") as may be necessary for the carrying into effect the provisions of this ordinance. 26. Leases to be sealed with Seal of Trust. The said trustees shall have and use a common seal, and all leases to be made by them shall be [sealed therewith, in the presence of three trustees at the least ; every lease so stamped with the said seal shall be as good * and valid in all respects as if it had been executed and attested as l)y law required ; and the party producing any such lease in any court shall not be bound to offer any proof that the said seal waa set thereto in such presence as aforostid.

27: Trustee* to make Annual Report Id Secretary of Itate. — The, said trustee* ahali once, in every year submit to his Excellent the Governor for transmission to her Majes* ty's Principal Secretary, of State for the Cijy lonies, copies of the general statement ana estimate which' shall have been so 'laid before the then last " annual meeting " as aforesaid, together with a statement of the appropriation then made of the income for the year next easuing, and copies of all genera] rules whatsoever made by the trustees since the date of the last yearly report, and such further information as may be necessary to show the working and the results of the trust hereby created. And the said trustees shall furnish copies of such general statement and estimate, with the appropriation of the annual income, to be laid before the 'Legislative Council at their next meeting ; and the trustees shall also publish the same in the Government Gazette and in one or more of the newspapers which may be published in the colony. 28. Commencement of Ordinance. — Thift ordinance shall not come into operation until it bhall have received the royal confirmation, and until such confirmation shall have been notified accordingly in the hew Zealand Government Gazette, by order of his Excellency the Governor of New Zealand for the, time being.