Early Intervention Association of Aotearoa/New Zealand Trust Inc.
A Trust Board duly Incorporated under the provisions of the Charitable Trust Act 1957
This Trust Deed, approved at the AGM 2016, shall replace any and all earlier versions of the Deed.
A Trust Board duly Incorporated under the provisions of the Charitable Trust Act 1957
This Trust Deed, approved at the AGM 2016, shall replace any and all earlier versions of the Deed.
1. INTERPRETATION:
In these rules unless the context requires a different interpretation the following interpretations shall apply:
1.1 The Trust
The Board of Trustees constituted hereby.
1.2 Year/Financial year
The year and financial year of the Trust is the period commencing 1 January and ending on 31 December.
1.3 Families
The person/s or whānau who have responsibility for a child who may require early intervention.
1.4 Early Interventionists
Professionals who work in the field of early intervention for infants and young children and their families.
1.5 Early Intervention
Support and services provided by professionally trained early interventionists to infants and young children with additional developmental needs and their families.
2. NAME:
2.1 The name of the Trust shall be Early Intervention Association of Aotearoa/New Zealand Trust Incorporated.
3. OBJECTIVES OF THE TRUST:
The objectives of the trust are to:
3.1 Work to ensure that all Early Intervention Practice in Aotearoa New Zealand is reflective of the Treaty of Waitangi.
3.2 To encourage excellence and best safe practice in the provision of early intervention.
3.3 Provide a national forum for sharing information, philosophies and practices concerning best practice in the provision of early intervention.
3.4 Raise community awareness at a national level of the nature, role and importance of early intervention for infants and young children with, or at risk of, developmental delays and disabilities and their families.
3.5 Establish links with other national and international early intervention associations throughout New Zealand and the world.
3.6 Act as a national advocate for early intervention in encouraging government commitment to providing adequate funding and equitable availability of services throughout New Zealand.
3.7 Provide representation to appropriate government policy making and working parties relating to early intervention, including contributing to the identification of barriers to the provision and receipt of early intervention.
3.8 Provide opportunities for professional learning and development to those involved in early intervention.
3.9 Provide relevant information and research to families and practitioners in the field of early intervention and other associated professionals.
3.10 Enhance the cultural competence of early intervention practitioners.
3.11 Seek funding for Trust activities in order to benefit practicing early interventionists.
3.12 All funds received by the Trust shall be used for the express purposes contained in the charitable objectives of the Trust.
3.13 The operation of the Trust shall be limited to the dominion of New Zealand.
3.14 Any other business that supports the aims of the Trust.
3.15 Membership in the Trust is open to those involved in early intervention upon application to the EIAANZ secretary.
4. ANNUAL GENERAL MEETINGS:
4.1 The Annual General meeting of the Trust shall be held no more than 90 days following the end of the Trust’s financial year.
4.2 Any Annual General Meeting of the Trust Board shall be notified in writing to Trustees and to members not less than 14 days in advance.
4.3 The members shall receive the Annual General Meeting Reports of the Trust Board or any other General Meeting business.
5. THE TRUSTEES:
5.1 The trustees shall be those people who for the time being are appointed to the Trust Board by the members at an annual general meeting but may not include any person who has been convicted of a criminal offence or adjudged bankrupt.
5.2 The members shall be the body for appointing the initial Trust Board and subsequently by appointment for filling vacancies on the Trust Board caused by retiring or resigning trustees at the Annual General Meeting.
5.3 The trustees shall be appointed by the members. This is to ensure the kaupapa or philosophy of the Board remains focused on the needs of the children
5.4 At least one trustee shall be Maori and represent the interest of Maori.
5.5 Trustees shall be elected to the Trust Board for a three year term and shall serve no more than two consecutive terms. They may offer themselves for election after standing down for one term.
5.6 In the event of a vacancy occurring on the Trust Board it may be filled until the next Annual General Meeting by the remaining trustees who shall have regard to the need to meet the criteria for appointment set out in this trust deed.
5.7 The trustees or organisation shall be entitled to fair costs associated with each Trust meeting held. The costs shall be agreed to by the meeting participants.
6. POWERS OF THE TRUSTEES:
6.1 The trustees shall be responsible for all the affairs of the Trust and may exercise any lawful right or action to further the achievement of the Objectives.
7. ROLE OF THE TRUSTEES:
7.1 The role of the trustees as a Board is to provide governance for the Early Intervention Association of Aotearoa/New Zealand Inc.
8. PROCEEDINGS OF THE TRUST:
8.1 The trustees shall meet together, adjourn and regulate their meetings as they may decide to carry out their function
8.2 The Trust Board will meet with the members at least annually at its Annual General Meeting and shall meet with the members if requested by not less than 50% of members.
8.3 At an Annual General Meeting the trustees shall present financial statements and report on their governance over the operation and function of the Trust.
8.4 The trustees shall elect a Chairperson and may elect a Secretary and/or a Treasurer all of whom shall hold office for three years. The trustees may have a lesser term through resigning or being removed from office in accord with Clause 8.5 or 8.6.
8.5 Any trustee may resign from the Trust Board by forwarding a written resignation to the Secretary or any other trustee or shall be removed from the Board if a majority of all the trustees vote for the removal of that trustee.
8.6 In the event of any trustee not attending three consecutive meetings without explanation they will no longer be a trustee.
8.7 In any meeting of the Board decisions shall be decided by a majority vote of the trustees, with the Chairperson having the casting vote in the event of a tied decision.
8.8 No meeting of the Board may proceed without a quorum of three trustees being present.
8.9 14 days’ notice of a meeting shall be given of any Board meeting except this may be waived in cases of urgency by majority agreement
8.10 Any trustee or associated person of a trustee who is or may be in any other capacity whatsoever interested or concerned directly or indirectly in any contract property or undertaking in which the Trust is or may be in any way concerned or involved shall declare the nature and extent of their interest to the other Trustees and shall remove themselves prior to any discussion and decision making process and shall not take part in any deliberations of the trustees on the matter.
8.11 Any such income or payment made by the Trust shall be reasonable and relative to that which would be paid in an arm’s length transaction (being the open market value).
8.12 No trustee or associated person shall benefit personally either directly or indirectly from their role as a trustee in any way over and above the normal deliberations of the Trust.
8.13 Trustees shall be responsible and liable only for their own personal willful default or neglect and not for the default or neglect of any other person and shall be indemnified by the Trust against all other liability incurred by them in the course of their duties as trustees of this Board.
8.14 The provisions of this Trust Deed may be changed or revoked by the Trust Board after a resolution has been confirmed by not less than a 75% majority in a General Meeting of the Trust except that the Objectives shall not be changed or revoked. Any such changes should be ratified by a majority of the attendees at an AGM.
8.15 No revocation, addition, alteration or amendment shall be valid if it in any way detracts or affects the exclusively charitable nature of the Trust including the charitable objects clause, the personal benefit clause or the winding up clause.
8.16 Any question or case not provided for in the Trust Deed provisions or any decision as to their interpretation shall be decided by the Trust Board or may be referred by the Trust Board for legal advice.
8.17 The Trust may be wound up at any time provided the passing of a resolution to wind up is carried by 75% majority of all trustees after a General Meeting of the members has been held to specifically discuss the winding up of the Trust.
8.18 On the passing of a resolution to wind up the Trust the surplus assets and funds after payment of all liabilities shall be applied or gifted to another charitable organisation within New Zealand operating under a similar philosophy or kaupapa as may be determined by the Trust Board or in default of their determination as may be decided on application to a Judge of the High Court of New Zealand. The organisations associated with the members shall be considered as priority groups in such gifting, as long as they meet charitable requirements.
This revised trust deed has been approved and ratified by the currently elected trustees and those members in attendance at the AGM held in Christchurch on 25th February 2016.
In these rules unless the context requires a different interpretation the following interpretations shall apply:
1.1 The Trust
The Board of Trustees constituted hereby.
1.2 Year/Financial year
The year and financial year of the Trust is the period commencing 1 January and ending on 31 December.
1.3 Families
The person/s or whānau who have responsibility for a child who may require early intervention.
1.4 Early Interventionists
Professionals who work in the field of early intervention for infants and young children and their families.
1.5 Early Intervention
Support and services provided by professionally trained early interventionists to infants and young children with additional developmental needs and their families.
2. NAME:
2.1 The name of the Trust shall be Early Intervention Association of Aotearoa/New Zealand Trust Incorporated.
3. OBJECTIVES OF THE TRUST:
The objectives of the trust are to:
3.1 Work to ensure that all Early Intervention Practice in Aotearoa New Zealand is reflective of the Treaty of Waitangi.
3.2 To encourage excellence and best safe practice in the provision of early intervention.
3.3 Provide a national forum for sharing information, philosophies and practices concerning best practice in the provision of early intervention.
3.4 Raise community awareness at a national level of the nature, role and importance of early intervention for infants and young children with, or at risk of, developmental delays and disabilities and their families.
3.5 Establish links with other national and international early intervention associations throughout New Zealand and the world.
3.6 Act as a national advocate for early intervention in encouraging government commitment to providing adequate funding and equitable availability of services throughout New Zealand.
3.7 Provide representation to appropriate government policy making and working parties relating to early intervention, including contributing to the identification of barriers to the provision and receipt of early intervention.
3.8 Provide opportunities for professional learning and development to those involved in early intervention.
3.9 Provide relevant information and research to families and practitioners in the field of early intervention and other associated professionals.
3.10 Enhance the cultural competence of early intervention practitioners.
3.11 Seek funding for Trust activities in order to benefit practicing early interventionists.
3.12 All funds received by the Trust shall be used for the express purposes contained in the charitable objectives of the Trust.
3.13 The operation of the Trust shall be limited to the dominion of New Zealand.
3.14 Any other business that supports the aims of the Trust.
3.15 Membership in the Trust is open to those involved in early intervention upon application to the EIAANZ secretary.
4. ANNUAL GENERAL MEETINGS:
4.1 The Annual General meeting of the Trust shall be held no more than 90 days following the end of the Trust’s financial year.
4.2 Any Annual General Meeting of the Trust Board shall be notified in writing to Trustees and to members not less than 14 days in advance.
4.3 The members shall receive the Annual General Meeting Reports of the Trust Board or any other General Meeting business.
5. THE TRUSTEES:
5.1 The trustees shall be those people who for the time being are appointed to the Trust Board by the members at an annual general meeting but may not include any person who has been convicted of a criminal offence or adjudged bankrupt.
5.2 The members shall be the body for appointing the initial Trust Board and subsequently by appointment for filling vacancies on the Trust Board caused by retiring or resigning trustees at the Annual General Meeting.
5.3 The trustees shall be appointed by the members. This is to ensure the kaupapa or philosophy of the Board remains focused on the needs of the children
5.4 At least one trustee shall be Maori and represent the interest of Maori.
5.5 Trustees shall be elected to the Trust Board for a three year term and shall serve no more than two consecutive terms. They may offer themselves for election after standing down for one term.
5.6 In the event of a vacancy occurring on the Trust Board it may be filled until the next Annual General Meeting by the remaining trustees who shall have regard to the need to meet the criteria for appointment set out in this trust deed.
5.7 The trustees or organisation shall be entitled to fair costs associated with each Trust meeting held. The costs shall be agreed to by the meeting participants.
6. POWERS OF THE TRUSTEES:
6.1 The trustees shall be responsible for all the affairs of the Trust and may exercise any lawful right or action to further the achievement of the Objectives.
7. ROLE OF THE TRUSTEES:
7.1 The role of the trustees as a Board is to provide governance for the Early Intervention Association of Aotearoa/New Zealand Inc.
8. PROCEEDINGS OF THE TRUST:
8.1 The trustees shall meet together, adjourn and regulate their meetings as they may decide to carry out their function
8.2 The Trust Board will meet with the members at least annually at its Annual General Meeting and shall meet with the members if requested by not less than 50% of members.
8.3 At an Annual General Meeting the trustees shall present financial statements and report on their governance over the operation and function of the Trust.
8.4 The trustees shall elect a Chairperson and may elect a Secretary and/or a Treasurer all of whom shall hold office for three years. The trustees may have a lesser term through resigning or being removed from office in accord with Clause 8.5 or 8.6.
8.5 Any trustee may resign from the Trust Board by forwarding a written resignation to the Secretary or any other trustee or shall be removed from the Board if a majority of all the trustees vote for the removal of that trustee.
8.6 In the event of any trustee not attending three consecutive meetings without explanation they will no longer be a trustee.
8.7 In any meeting of the Board decisions shall be decided by a majority vote of the trustees, with the Chairperson having the casting vote in the event of a tied decision.
8.8 No meeting of the Board may proceed without a quorum of three trustees being present.
8.9 14 days’ notice of a meeting shall be given of any Board meeting except this may be waived in cases of urgency by majority agreement
8.10 Any trustee or associated person of a trustee who is or may be in any other capacity whatsoever interested or concerned directly or indirectly in any contract property or undertaking in which the Trust is or may be in any way concerned or involved shall declare the nature and extent of their interest to the other Trustees and shall remove themselves prior to any discussion and decision making process and shall not take part in any deliberations of the trustees on the matter.
8.11 Any such income or payment made by the Trust shall be reasonable and relative to that which would be paid in an arm’s length transaction (being the open market value).
8.12 No trustee or associated person shall benefit personally either directly or indirectly from their role as a trustee in any way over and above the normal deliberations of the Trust.
8.13 Trustees shall be responsible and liable only for their own personal willful default or neglect and not for the default or neglect of any other person and shall be indemnified by the Trust against all other liability incurred by them in the course of their duties as trustees of this Board.
8.14 The provisions of this Trust Deed may be changed or revoked by the Trust Board after a resolution has been confirmed by not less than a 75% majority in a General Meeting of the Trust except that the Objectives shall not be changed or revoked. Any such changes should be ratified by a majority of the attendees at an AGM.
8.15 No revocation, addition, alteration or amendment shall be valid if it in any way detracts or affects the exclusively charitable nature of the Trust including the charitable objects clause, the personal benefit clause or the winding up clause.
8.16 Any question or case not provided for in the Trust Deed provisions or any decision as to their interpretation shall be decided by the Trust Board or may be referred by the Trust Board for legal advice.
8.17 The Trust may be wound up at any time provided the passing of a resolution to wind up is carried by 75% majority of all trustees after a General Meeting of the members has been held to specifically discuss the winding up of the Trust.
8.18 On the passing of a resolution to wind up the Trust the surplus assets and funds after payment of all liabilities shall be applied or gifted to another charitable organisation within New Zealand operating under a similar philosophy or kaupapa as may be determined by the Trust Board or in default of their determination as may be decided on application to a Judge of the High Court of New Zealand. The organisations associated with the members shall be considered as priority groups in such gifting, as long as they meet charitable requirements.
This revised trust deed has been approved and ratified by the currently elected trustees and those members in attendance at the AGM held in Christchurch on 25th February 2016.