Letters

28th of May 2009, 4:13pm


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From: Mark Thornton

Subject: Re: a query

Date: 28 May 2009 4:13:06 pm GMT+12:00

To: Angel Garden

Cc: Heather Peri, Sheryl Mace, Sean


Hi Angel


Thanks for the question.


The only legal entity is the Trust - it is formed under New Zealand law as a tax-exempt charity.  The Trustees carry the legal responsibility for the actions of the Trust and must not be negligent in their attention to their duties as Trustees.


The Trust is governed by the Trust Deed.  A key clause is that the Trustees are charged with the duty of establishing a College of Teachers to carry out the management of the school.


The Trustees are not charged with the role of managers of the school; rather, they must obtain sufficient information to be satisfied that the workings and dealings of the school do not expose the school to clear legal risk or monetary loss. It is for them to judge what information they ask for and it is their duty to form an opinion with regard to the previous sentence.  There is no 'rule book' as to what a Trustee should do - this is a matter of what might reasonably be expected.


I hope this makes it clear for you.


Best wishes



Mark