CANON III
TITLE B
CANON III
OF KING'S COLLEGE
WHEREAS
(a)
(b)
(c)
(d)
1961
George Augustus Selwyn, Bishop of New Zealand, in the Purchase of land
year 1843 purchased inter alia an area of land situate in
Parnell in the City of Auckland which by endorsement
made by him on the Deed of Conveyance vesting the
land in him declared that "I and my successors do and
shall stand seized and possessed of the said lands and
of the rents, issues and profits thereof for the site and for
and towards the support and maintenance in the first
place of a Grammar School connected with and
subordinate to the College of Saint John the Evangelist
near Auckland and then of other schools connected with
and subordinate to the said College".
The General Synod in the year 1859 accepted the trust 1859 Trust
of the said land and appointed Trustees to hold the said
land together with other lands for the College of Saint
John the Evangelist.
The school erected on the said land and known as the
Parnell Grammar School was carried on until the year
1893 when it was closed and the revenue received from
the said land was held by the Trustees and duly
accumulated.
In the year 1930, the Trustees of the said lands purchased
the College known as King's College, Auckland, and the
College was duly vested in the Trustees of the Grammar
School Trust.
Parnell Grammar
School
Grammar School
Trust
(e)
The General Synod of the Bishops, Clergy and Laity of the Separate Board
Church of the Province of New Zealand (hereinafter called of Trustees
"General Synod") passed a statute No. 261 on the second
day of March 1961 intituled "A Statute to add to Title E a
new Canon to be designated Canon III", which statute
established a separate Board of Trustees to hold the
properties and funds of the Grammar School Trust
heretofore held by the St John's College Trust Board and
to authorise the appointment of a Board of Governors to
manage the affairs of King's College, Auckland.
(f)
The King's College Trustees were incorporated as a Kings College
Board under the provisions of the Charitable Trusts Act, Trustees (Inc)
1957, on the 19th of September 1961.
Pursuant to the provisions of The Anglican Church Trusts Variation 1990
Act, 1981, General Synod by resolution dated the 25th day
of April 1990 resolved to vary the trusts of The Grammar
School Trust which were to be as follows:
(g)
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CANON III
TITLE B
"I and my successors do and shall stand seized and Interpretation
possessed of the said lands and of the rents, issues and 1961
profits thereof for the site and for and towards the support
and maintenance in the first place of a Grammar School
and then of any other schools".
IT IS NOW PROVIDED AS FOLLOWS:
1.1
"The College" means the Collegiate School called King's College
situate at Middlemore in the Suburbs of the City of Auckland.
“Trustees" means the King's College Trustees constituted in
accordance with this Canon.
"The Board" means the Board of Governors appointed in
accordance with the provisions of this Canon.
2.1
The objects of the College shall be:
2.1.1
The instruction and training in the College of Youth in useful
learning and in moral and industrious habits.
2.1.2
The education of all students therein in the principles of the
Christian Religion according to the doctrine and discipline of the
Anglican Church in Aotearoa, New Zealand and Polynesia.”
3.1
There shall be a Board of Trustees to be designated "The King's Appointment of
College Trustees" which shall be constituted in the following Trustees 1961
manner:
3.1.1
The Bishop of Auckland for the time being as Chairperson.
3.1.2.
The Dean of Auckland for the time being.
3.1.3.
Six Trustees appointed by The Diocesan Trusts Board of the
Diocese of Auckland acting on behalf of the General Synod / te
Hīnota Whānui.
4.1
The Trustees shall hold and manage all endowments for the benefit Duties of
of the College and shall place at the disposal of the Board of Trustees 1961
Governors the nett revenues therefrom.
5.1
There shall be a Board of Governors to be designated "The Board Board of
of Governors of King's College" which shall be constituted as Governors 1961
follows:
5.1.1
5.1.2
5.1.3
5.1.4
The Bishop of Auckland for the time being.
The Dean of Auckland for the time being.
Two lay members appointed by the Trustees.
Two members appointed by the Board as representatives of the
King's College Old Collegians' Association (Incorporated).
One member appointed by the Board as representative of the
Association of the Friends of King's College.
Two members appointed by the Board as representatives of the
Kings' College Foundation.
5.1.5
5.1.6
Objects 1961
5.1.7
Two members appointed by the Board.
5.2
The Bishop of Auckland and the Dean of Auckland shall be Ex Officio 1990
members of the Board ex officio, and each shall be entitled to
appoint an alternate to represent them from time to time.
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CANON III
TITLE B
5.3
The appointment of two members by the Board shall take place Tenure of Office
every four years. Members so appointed shall hold office for a term by Board 1961,
1990
of four years from the date of appointment (unless they previously
cease to be a member of the Board) and shall be eligible for
reappointment from time to time for further terms of four years
each.
6.1
The appointment by the Board of the members representing the Other
King's College Old Collegians' Association (Incorporated), the appointments
1990. 2008
Association of the Friends of King's College and the King's College
Foundation respectively shall take place from time to time as
required.
6.2
Members so appointed shall hold office for a term of four years from Tenure of Office
the date of their appointment and shall be eligible for reappointment 1990
from time to time for further terms of four years each.
PROVIDED HOWEVER that in the case of the initial appointment
of two members by the King's College Old Collegians' Association
(Incorporated) and by the King's College Foundation one of them
shall be appointed for an initial term of two years only.
6.3
Before making the appointment the Chairperson of the Board shall Consultation
consult the body mentioned in this clause in respect of which the 1990, 2008
appointment is to be made.
7.1
The office of any member of the Board shall become vacant if that Vacancies
member shall resign or be absent from New Zealand without leave 1961, 1986
2006
for a period exceeding six months or shall die.
7.2
All the provisions of Title F Canon VIII, concerning the 2006
qualifications of members of certain Committees and Trust
Boards, apply to members of the Board.
8.1
If the office of any member of the Board becomes vacant, the Filling of
vacancy shall be filled by the Board after consultation with the Body vacancies,
1961, 2008
which such member represented. The new member so appointed
shall hold office for the remainder of the term for which the
predecessor was appointed.
9.1
The Board shall be charged with the day to day management of Duties of Board
the College and shall submit to the Trustees at the end of each 1961
school term a statement of accounts and balance sheet. The
board shall make regulations for the conduct of its business and
shall have power to appoint Committees for particular purposes.
10.1
The Headmaster of the College and the Bursar / Finance Director Headmaster and
shall be appointed by the Board and the Trustees acting together Bursar 1961,
2008
as the appointing body.
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CANON III
TITLE B
11.1
The Board shall make regulations for the conduct of the affairs of Regulations,
the College and shall, on the recommendation of the Headmaster, Appointments
1961, 2008
appoint the teaching staff, the Sister, the Matrons and the
Housekeeper. The Chaplain shall be appointed by the Board on
the recommendation of the Headmaster after consultation with the
Bishop of the Diocese. The domestic, clerical, maintenance,
ground and other staff shall be appointed by the Bursar / Finance
Director.
12.1
The Trustees and Board of Governors shall report annually to the
Standing Committee of the General Synod / te Hīnota Whānui on
the operations and finances of the College for the preceding year
period
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Report to
General Synod /
Hīnota Whānui,
1990, 2004
2008