HISTORY OF TUTAMOE COMMUNITY TRUST

The Tutamoe Community Trust was formed to take over the management of the Tutamoe School and the principals accommodation known as 'The School House' after the Ministry of Education closed the school.

 

4th July 1995

The Trust Deed was signed between Ross Blayney, Deborah Martin, Bruce Morris, John Schepens and Sidney Stephens (now deceased).

At the time of forming, the parties agreed to the deed was established for the objects described in clause 3 and that by entering into the deed specifying the purpose of the Trust and providing for its control and government. 

At the time of signing, the purpose of the trust, clause 3 reads;

  1. to maintain and develop educational facilities for the benefit of the Tutamoe area,

  2. to oversea the operation of a correspondence unit,

  3. to provide a centre for community activities for the Tutamoe District,

  4. to promote tourism with-in the Tutamoe area

1995.07_CC37470_Trust Deed p0
1995.07_CC37470_Trust Deed p0

Tutamoe Community Trust Deed signed 1995

press to zoom
1995.07_CC37470_Trust Deed p1
1995.07_CC37470_Trust Deed p1

Tutamoe Community Trust Deed signed 1995

press to zoom
1995.09_CC37470_Amendment to Rules
1995.09_CC37470_Amendment to Rules

Tutamoe Community Trust Amendment to Rules signed 27.09.1995

press to zoom
1995.07_CC37470_Trust Deed p0
1995.07_CC37470_Trust Deed p0

Tutamoe Community Trust Deed signed 1995

press to zoom
1/10

27th September 1995
An 'Amendment to Rules' made changes to clause 18, Alteration of rules.  This change corrected the error in the original deed which read in section 18 (b) 'made to rules 9 or 21' to read 'made to rules 8 or 19'.

23 November 1995

Ministry of Education published a notice in the New Zealand Gazette; Closure of Tutamoe School (1118).  It was declared on 17 November 1995 by Anne Devonshire that Tutamoe School would cease to be established on 31 December 1995.

7 October 2007

Local dairy farmer Victor Rutherford signs lease agreement for 'The School House'.  This does not include the school buildings or pool, just the immediate area around the dwelling.

The lease for $120 per week.  A list of repairs were to be carried out on the property and once these had been completed all repairs going forward would be at the cost of the tenant.

27 September 2007

It is noted on Officer Certification Forms sent to the Charities Commission on 23 January 2008 that new officers/trustees were appointed into that position at the AGM on that date.

The officers listed as of January 2008 were; Ross Blayney, Deborah Martin, Bruce Morris, Sidney Stephens and John Schepens all appointed 08/09/1995 as original members and Irene Morris, Natalie Morris, Daryl Morris, Glenda Bowring, Ian Bowring (deceased), Kristen Loewinger-Hayes (note: she also spells her first name Kristin as found on Facebook however the spelling in all charity documents is Kristen), Olive Hayes and Tracey Morgan all appointed at the AGM on 27/09/2007.

NOTE: According to the Trust Deed, section 5.1 Members of the Board; Number of board.  The Board shall consist of not less than four nor more than six members.  As of January 2008, thirteen (13) people were listed as trustees.

14 May 2008

Documentation Uploaded onto the Charities Commission website for an Application for Registration.

It is declared in the application;

  1. Which is the 'main sector of operation':
    community development, sport recreation.

  2. Which of the following activities describe what the entity does:
    ticked provides building/facilities/swimming pool.

  3. Which one of the above is the main activity of the entity:
    Provides centre for the community activities

  4. Who benefits from the entity's activities:
    Children/Young People, older people, general public, Tutamoe Community

The officer details listed for the entity were; Bruce Morris, Daryl Morris, Natalie Morris, Olive Hayes, Kristen Loewinger-Hayes, Ian Bowring, Glenda Bowring, Tracey Morgan, John Schepens and Irene Morris.

NOTE: As mentioned above, as of January 2008 there were thirteen trustees listed; 14 May 2008 only ten are mentioned on Charity Commission Application Forms, still well above section 5.1 of the Deed.  


26 November 2008

Final repairs to The School House completed with the bathroom being fully renovated.

7 December 2008

Special Meeting held where the decision was made to;

a) remove two trustees, Ross Blayney and Deborah Martin as they could not be located and Sidney Stephens who was deceased,

b) change clause 3, the Purpose to remove tourism.

In regards to the votes cast to remove section 3 (d) , the reference to promote tourism; this was voted on by all ten trustees plus as referenced in the Amendment notice, committee making up six members as a total of sixteen members signed and voted towards the change.

2 June 2009

Annual Return Submitted to Charities Services for the year ending 30/09/08 (due date: 31/03/09)
While no Financial Statement was uploaded onto the Charities website, documentation shows that as at 08/11/09 there was $13,091 in the bank accounts.
projected income for 2009 was $17,240.

11 February 2011

Annual Return Submitted to Charities Services for the year ending 30/09/10 (due date: 31/03/10)

Financial Statement  showed income of $12,847 with expenditure of $32,947.  $16,500 spent on school buildings being painted and $10,750 on repairs to the pool complex.

21 February 2012

Annual Return Submitted to Charities Services for the year ending 30/09/11 (due date: 31/03/12)

Financial Statement showed income of $17,010; expenditure of $5,151; bank accounts $21,740

25 March 2013

Annual Return Submitted to Charities Services for the year ending 30/09/12 (due date: 31/03/13)

Financial Statement showed income of $13,781; expenditure of $6,343; bank accounts $31,329

22 May 2014

Annual Return Submitted to Charities Services for the year ending 30/09/13 (due date: 31/03/14)

Financial Statement showed income of $7,601; expenditure of $5,027; bank accounts $35,082

21 April 2015

Annual Return Submitted to Charities Services for the year ending 30/09/14 (due date: 31/03/15)

Financial Statement showed income of $7,517; expenditure of $4117; bank accounts $38,792.

5 April 2016

Annual Return Submitted to Charities Services for the year ending 30/09/15 (due date: 31/03/16)

Financial Statement showed income of $7,700; expenditure of $4,572; bank accounts $41,820.

30 September 2016

No changes in trustees have been recorded with the Charities Commission until this date.  It is listed within the Charity Summary that the 'Past Officers'; Glenda Bowring, Ian Bowring, Olive Hayes and Tracey Morgan's last date as an officer holding the position of Trustee was 30/09/2016.

This would leave Bruce Morris and John Schepens all appointed 08/09/1995 as original members; Irene Morris, Natalie Morris, Daryl Morris and Kristen Loewinger-Hayes all appointed 27/09/2007.  A total of six trustees, meeting section 5.1.

4 July 2017
Annual Return Submitted to Charities Services for the year ending 30/09/09 (due date: 31/03/10)

Statement of Financial position disclosed in annual return as zero (0) for Income, Expenditure, All Assets and Liabilities.

Annual Return Submitted to Charities Services for the year ending 30/09/16 (due date: 31/03/16)

Financial Statement showed income of $3,557; expenditure of $2,947; bank accounts $46,288.

The Purpose, Structure, Activity, Beneficiary of the Trust was updated to read:
Charitable Purpose: To provide a centre for community activities for the Tutamoe District

Structure: The trust is administered by a board of trustees who shall be accountable to and elected by members of the trust.

Activity: Provides Centre for Community Activities

Beneficiary: Tutamoe Community

5 August 2017 - AGM Held

Meeting minutes show new Chairman and Secretary appointed.  There is no mention of writing the new Deed for the Trust nor any changes to trustees are written in the meeting minutes.  The Deed dated 5 August 2017 states that Bruce Morris and John Schepens as Trustees signed a new Deed with Irene Morris, Natalie Morris, Daryl Morris, Kristen Loewinger-Hayes and a new member Michael Hayes listed as a 'New Trustee'.

By signing this Deed, the new trustees agreed that

  1. as a New Trustee they would act jointly with the Continuing Trustees (See section 1; Appointment of new trustees, Deed dated 05/08/2017),

  2. in regard to trust property, as trustees they declared they would work within the powers and conditions expressed and implied in the Deed of the Trust.

Meeting minutes then go on that state:

  • Close Domain Account

  • Domain can't be sold as it is council land

  • Victor Rutherford wished to buy the Tutamoe School Complex comprising of buildings, pool, playground.

  • The offer given for the Hall, School and School House complex was $100,000

  • Sell to Victor School, house, pool, not domain, not hall.

  • Kristin to contact valuer for school, house complex.  Cost to be split between Hall and School.

  • Clause to be added that should complex sell it should be amalgamated into new property and not be allowed to be sold separately

  • School complex and school house to be sold to Victor Rutherford upon negotiation of price after valuation

Current Trustees listed are:

John Schepens
Bruce Morris
Daryl Morris

Natalie Morris

Irene Morris

Michael Hayes

Kristen Loewinger-Hayes

The new 'Deed' signed and dated the 5 August 2017 has not been registered with the Charities Commission.

No consultation with the community had been had on the sale of any property.  No public meetings, no public notices published in any media to advise of any sale being considered.
Since 2007, Victor Rutherford has occupied the School House, 2008 the pool complex for a one year lease costing $300 and later the Hall.  Over the years he has acquired the School Buildings as well, storing items in the rooms with one being set up with his personal pool table and beer fridge.
There has been substantial damage done to the buildings and chattels.  Fire places have been removed, with holes left in the roof where the chimney flu once resided.  Holes in the walls, and due to the holes in the roof, bird excrement all over the walls, doors and floors.
As of 2008 when the last of the repairs were completed by the Trust, Victor Rutherford has been responsible for all repairs on the School House.  As of February 2020, it is very evident that very little repairs have been done and when repairs are completed they are to a very low standard.
The trustees have not meet their obligations to ensure that the assets held in trust are kept up to a good standard, especially on a property that is to meet tenancy regulations.  It was noted in 2009 that the School House was to be repainted; this has never happened and is now in dire need of repairs.

DISCLAIMER:  All information written about has been gathered from public websites including Charities Commission, Companies Office and related search data bases including for incorporated societies, trusts, businesses.  The timeline of events has been gathered from documents obtained from these public site and are available to anyone.

The current BOT's as it stands have not worked for the Purpose of the trust.  Four of the five trustees are family members which does not allow for diversity nor for the ability to separate personal agendas.