Apparently a trust would typically have at least one, if not more, independent trustee in order to avoid suggestions of the settlor maintaining control over properties gifted/sold to the trust, which would result in the trust be deemed a “sham” trust and invalidated by the Inland Revenue Department (IRD).
With the current trustees and the way the trust has operated, both the Tutamoe Community Trust and Tutamoe Hall Association Inc. could be seen as a sham! Especially when they do not follow nor work for the Purpose of either trust and reports are made omitting real and current information!
So far the secretary of the Tutamoe Hall Ass Inc, Kristen Loewinger-Hayes declared that there was no community involvement since before 2017/18. The 'Performance Report' dated 2016 and attached to the Charities Commission Annual Report she states:
Volunteers: The association is run by a group of community members who are very passionate about the local buildings and structures. The fundraising activities like the Tutamoe Trailride require a large amount of extra volunteer help. But in years when there is no trailride, the only volunteer hours involve book keeping and secretary jobs, which is a very small amount of hours. Future: We are hoping to become more active in future and organise more community events but seeing it takes a lot of community involvement and effort/help from volunteers, it is not always achievable in every year.
Then Kristen reported in her 'Performance Report' dated 2017 she states:
Future: The board members are very unsure if there will be any future fundraising events. Not many people in the community are prepared to help or volunteer their time. This trend has become more and more obvious over the past years That lack of involvement of the community brings up the question whether the it would be best to sell all assets and to wind up the Tutamoe Hall Association. This is not a decision that the board takes lightly. The board is investigating the possibility to sell the assets to the Tenant. A valuation is being sought and more discussion is to be had on how to distribute the resulting funds of the sale to other local Charities that would benefit this district and its people.
Kristen filed another 'Performance Report' on 25 March 2020 she states once again (note the actual return was due by 30/09/2019 filed some 177 days or 5 months, 25 days late!);
Future: The board members are very unsure of the Future direction of the Community and its assets. The Hall is again in need of some repairs and some major improvements in order to comply with the legal tenancy requirements. The building was built as a hall and despite it getting updated with some facilities in the past, it is accommodation at a very basic level. This is not sufficient anymore and to change that it needs a huge financial input, the money is just not there. Not many people in the community are prepared to be involved or volunteer their time. This trend has become more and more obvious over the past years.
First off, where does she get off saying that 'not many people in the community are prepared to be involved....this trend is becoming more and more obvious over the past years'? These are blatant lies! Kristen, you would have received the same letter addressed to all board members asking you to step down, that the community WANT to be involved but NOT with the current board!
Kristen, you wrote 'The Hall is again in need of some repairs and some major improvements in order to comply with the legal tenancy requirements.' The Hall has NEVER had consent to be a dwelling! It should NEVER have been rented; or did you all think who would know if it was a legal dwelling, we are in the countryside, who is going to check? You and the trustees again breaking laws to suit yourself! Easier to rent and sit on your hands, to never complete one inspection report, to never comply with the building code, to never do any basic repairs and maintenance, to allow the lessor to degrade the building by not keeping it clean, nor tidy, to allow it to and other assets to become so dilapidated it will now cost so much to fix! Are you going to pay those bills because of your and other trustees incompetence?
We could assume a lot of things with these trustees. When you consider that lack of communication to any valid 'member' of either trust; see Tutamoe Community Trust Deed, #12, Membership of the trust & Tutamoe Hall Association Inc Trust Deed, #18-23 Classification of Members, it is like they were trying to close both down and make them look like they were no longer able to be operated as per the Deed of Trusts Purposes.
My first question here is, where are the copies of the letters sent out to all 'members'; those being the people in the area who are or could be members? Public notices, letter box drops, phone calls etc. I'm not normally a betting person, but, I'm pretty sure this was never done! After all, she 'forgot' to call the one board member who openly opposes a sale of assets to attend a meeting. Plus, the Chairman, Daryl Morris was work with the same board member on the same day of a meeting held at his father's and fellow board member Bruce Morris and 'forgot' to mention the meeting as well. See below for more.
So how can Kristen factually state in a Charities Commission return (which is a legal document and supposed to be truthful) that there was no community participation?
And this return was made after a meeting was held to approve the sale of community assets and before any voting or even a legitimate meeting where ALL details are presented.
5 August 2017 a meeting is had and the sale is approved, price dependent on a valuation!
How can they have approved a sale of community assets when no members have even been asked?!
At this meeting Mr Rutherford offered $100,000 for the Hall & surrounding land, the school builds, pool, school house and surrounding land. $100,000 for ALL this? Come on now, this man claims in multiple news articles that he is an Auckland Property Developer! Now who is taking the piss?
2 June 2018 another meeting is held, this one where Kristen 'forgot' to contact the one board member who opposes the sale! It was during this meeting that so many preposterous ideas were agreed on! First being the ridiculous sale price and based on a valuation obtained by the 'purchaser'! Do you have any ethics? Second the large $50,000 discount for all the maintenance Victor Rutherford claims to have done over the years, all with no proof, no receipts, just his word! My question here is, why give a 'discount' in the first place when it is very clearly stated in lease documents that the tenant will cover the cost of all repairs on the building. Seems someone is trying to get money back for something they are responsible for in the first place. Thirdly, the lessor wants reimbursements for all the additional works completed like adding a heat pump, insulation and doing landscaping. Again, were these approved by the board prior to doing the work as it is required to happen as per the lease document? If written consent to do additions was not given then costs can not and should not be recuperated on a retrospective basis! Fourthly, if Victor Rutherford is claiming costs for installing insulation prior to this meeting in 2017, why is it on 1 April 2020, an ex-employee of his received by email an insulation report stating the insulation was installed within the last year?
It is reported in the 2018 Performance Report that 'The sale was now found to be an effective way forward.' Again, Kristen, how the hell did you come up with this? You and the current board members need to answer some questions and stop hiding behind your closed doors! Do something right for the community for a change, resign from your positions as you have been asked to do more than once and under a vote of 'no confidence'. Hand over all documentation relating to both the Tutamoe Hall Association Inc and the Tutamoe Community Trust and step aside and let others who really care and have the community at heart and WILL comply with the Purposes set out in the trust Deeds, not just pay lip service to it in your annual returns! The photos of the assets tell the real story and the current board are not fit for purpose!