Maori Incorporations Constitution Regulations 1994

4 Special resolution

(1)

The following matters are to be dealt with only by way of a special resolution:

(a)

the inclusion in the incorporation of the owners of additional land under section 251 of the Act:

(b)

the amalgamation of the incorporation with any incorporation under section 252 of the Act:

(c)

the transfer of Maori freehold land under section 254(1)(a)(i) of the Act:

(d)

the grant in respect of Maori freehold land of any lease or licence for a term of more than 21 years under section 254(1)(a)(ii) of the Act:

(e)

the sale or gift of Maori freehold land under section 254(1)(b) of the Act:

(f)

declaring, under section 258 of the Act, that the incorporation stands possessed of any part of its property or of any income derived from any specified part of its property on trust for the charitable purposes specified in the declaration:

(g)

restricting or prohibiting the exercise by the committee of management of any of its rights, powers, or privileges:

(h)

altering the constitution of the incorporation pursuant to section 253A or 268(3) of the Act:

(i)

winding up the incorporation:

(j)

supporting an application for a partition order or an amalgamation order or an aggregation order under section 288(3) of the Act:

(k)

matters specified in this constitution as matters to be dealt with by special resolution.

(2)

Any shareholder may give notice in writing to the committee of any special resolution that the shareholder intends to move at a specified general meeting or at the next available general meeting of shareholders, and in any such case the written notice of the meeting shall include notice of the intended special resolution.

(3)

No special resolution shall be moved at any general meeting unless notice of the resolution has been included in the written notice of the meeting.

(4)

All special resolutions passed at a meeting of shareholders shall within 21 days after the date of the meeting be delivered, together with particulars of the date and place of the meeting, to the Registrar, who shall record the resolution in the register of Maori incorporations in accordance with section 279 of the Act.

(5)

Subject to section 254(3) of the Act, a special resolution authorising the sale or gift of Maori freehold land under section 254(1)(b) of the Act shall be voted for by shareholders holding not less than 75% of the total shares in the incorporation.

Schedule 1 rule 4(1)(h): amended, on 16 September 2011, by section 13(3) of the Te Ture Whenua Maori Amendment Act 2011 (2011 No 76).