Our Partner, Steven Moe had first met Panapa back in 2017 when they were both on a panel about legal structures at the Social Enterprise World Forum held in Ōtautahi Christchurch.

When we first spoke with Panapa Ehau from Hikurangi Enterprises about their social housing plans for their people we knew this would be a special project. Based on the beautiful East Coast of the North Island in Te Tairāwhiti, the heart of the idea was to enable their people to gain access to housing. He says:

“Anything we do or engage in is founded upon high trust relationships and kaupapa. Parry Field is part of our wider network that share a similar vision of doing great work to increase the wellbeing of people and the environment around us. The network are outcomes focused on intergenerational change. The partnerships that evolve are pono (true) and tika (true) in all aspects bringing together knowledge, skills and experience of many for the benefit of all involved”.

We discussed possible legal structures that could be used ranging from companies, incorporated societies or limited partnerships but eventually settled on setting up a charitable trust. The reason for this was the initiative is all about reduction of poverty with an addition of education thrown in as well. A charitable trust is a stable legal vehicle to use for an initiative like this (for more on legal structure options, read our free guide “Charities in New Zealand: A Legal Handbook”).

There was a lot of thought put into what the governance framework would look like and also how this new entity would interrelate with other entities that were already existing.  Fortunately there were several other groups who want to see this succeed including the Tindall Foundation and Community Finance who each offered support in different ways.

One challenge which is worth others considering was what name to choose – the original name selected was already used by another entity so another was chosen: “KAENGA HOU TRUST”.

Drafting the Trust Deed, we next spent considerable time to really think about how to express the charitable purposes and how they really summarise what this is about:

Subject to clause 3.1 and without in any way derogating from it, the Trustees may also devote or apply both capital and income of the Trust to further charitable purposes by:

  • Providing education in the form of courses, seminars and written information for whanau and community housing providers about providing housing for whanau who are disadvantaged or poor and would otherwise not have access to housing;
  • Providing education and developing wrap around services to support whanau who are disadvantaged to access housing;
  • Providing support for whanau who are disadvantaged to be able to have access to housing; and
  • Participating in systematic change initiatives that increase knowledge and pathways for disadvantaged whanau access to housing including advancing education about homelessness and housing issues.

Another feature of the Trust Deed which is worth mentioning is the inclusion of principles (mātāpono) that we often suggest to clients to include. These are not purposes themselves but they help to set the “tone” for the new charity and its focus so it is worth including here:

3.4 In carrying out the Charitable Purposes, the Trustees will be guided by the following principles (Mātāpono):

  • respecting and implementing the dual heritage of the partners of Te Tiriti o Waitangi (the Treaty of Waitangi);
  • respecting the cultural diversity of people and communities and encouraging people from all whakapapa and backgrounds;
  • inspiring and enabling people and communities to reach their full potential and take ownership of their future;
  • maintaining high standards of professionalism, integrity and ethical conduct; and
  • enabling positive social change from within, by building capable communities with the belief, the means, and the opportunities to create sustainable positive outcomes for all stakeholders and future generations.

It was a happy day in January when the email came in saying I am pleased to advise that KAENGA HOU TRUST is now a registered charity.”

A successful registration as a charity has meant the project can continue forward and funding partners have stepped up with significant contributions.  Watch this space and lets see what comes next!

Kia ora all,

There are some upcoming free events I want to share with you and invite you to join which are all described below as well as links to new free resources and videos.

First is on 20 March at 11am with an “online lunch” together at noon – this is a special follow up to the Seeds Impact Conference as I will be joined by Shamubeel Eaqub to consider Impact Investing – its rise and what that means for business, charities and purpose driven organisations.  This will also see the release of a legal opinion outlining how I think Trustees have a positive duty to consider the impact of where they invest.

Already 119 people have signed up but being online you can join them and you will also get a copy of the legal opinion. Click here to sign up.  We will have the shared “online community lunch” with breakout rooms from 12 to continue talking about the themes.

We also just held an event for startups answering their legal questions which you can click on the image below to watch.

That is also at our Startups Information Hub where there are many articles and guides and videos as well.

The New Zealand Law Society asked us to run a session on Incorporated Societies soon to educate lawyers and others as we are the leading team supporting these entities in NZ.  Anyone is welcome to join this – we will be in Wellington to record it but it is all online:  https://www.lawyerseducation.co.nz/shop/LiveWebinars2024/24NISW.html

Along that line, our Information Hub for incorporated societies has dozens of articles, videos and 125 FAQs on that topic and we are helping many many groups with their reregistrations.  It has been really great to welcome so many new clients with many of them Tier 1 charities (as well as smaller ones) doing great work in our communities!  Our ideal client.

This week hosted a session on “chairing meetings well” out in Rolleston for about 50 people for the Selwyn District Council

Recorded it and the video is here now: https://www.youtube.com/watch?v=ZobviOL8Q3I&t=1s

Click on the image below for a PDF of the top tips shared – including some from Mayor Sam Broughton himself!  These resources will be added to our Governance for Charities information page.

We continue to get lots of great feedback on the Charities Healthchecks that was cowritten with about 100 of you last year – there are 6 parts to it and can send if you would like them.

All the videos of the Seeds Impact Conference are up and many are also audio episodes joining the 383 interviews on Seeds Podcast – check them out as you might not have caught them all!

Am really looking forward to a session for Community Governance Aotearoa, which we help with the setup, on the topic of changes for Charities – it is free and will be joined by Andrew from Charities Services and Michelle from Volunteering NZ.

And for you book lovers, have just released “The Apple Tree” – a picture book with deeper meaning underlying it – someone recently bought 50 copies to give away to people attending a course they provide and the University of Canterbury UCE bought 100 to give away as presents to speakers.  Also, this interactive site has the music that was composed for the book as well and memories of special people who are like apple trees too so check it out https://theseeds.nz/tree/

For those in Christchurch, watch out for the next Impact Lunch – almost 30 of us gathered on Wednesday to network and collaborate.

Recent LinkedIn posts that may interest:

Drop me a line with your news and upcoming things and I might share it out for others to know about – and we are always happy to have conversations about legal issues you may be facing – with 80 people in our firm we cover many legal topics ranging from property, disputes to contracts and charities.

There are 917 of you who get this email – feel free to forward it on to others and if you got it that way, just let me know if you want to be added.  Or if you no longer wish to receive updates just let me know that too!

Ngā mihi

Steven