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The Pamphlet Collection of Sir Robert Stout: Personal Volume

II.—Scheme Filed by Solicitor-General

II.—Scheme Filed by Solicitor-General.

1.
(i).The said land, and the rents, issues, and profits thereof shall be held and administered by Trustees appointed by the General Synod in trust to provide instruction and industrial training for members of the Maori race in manner hereinafter provided.
(ii).The Trustees in office, being the plaintiffs, shall continue in office until the appointment of their successor by the General Synod.
2.Of the accumulated rents, issues and profits now in the hands of the Trustees, five thousand pounds shall be deemed to be capital and shall be invested upon such securities as, with the approval of the General Synod, the Trustees think fit.
3.The residue of the said accumulated rents issues and profits amounting to one thousand four hundred and eighty pounds or thereabouts as also the future rents issues and profits arising from the said land and from the investments of the said capital shall be deemed to be income.
4.The Trustees shall out of the net income available after payment of all proper expenses connected with the administration of the trust property establish equip and maintain a school at Otaki or at such other suitable place within the Provincial District of Wellington as is selected by the General Synod and approved of by the Governor in Council in which school industrial training shall form an especial feature of the education therein.
5.The school shall be maintained for the instruction and industrial training of members of the Maori race (including their half-caste descendants.
6.The cost of establishing and equipping the school shall not exceed one thousand pounds and the annual cost of its maintenance shall not exceed four hundred pounds.
7.The residue of the net income shall be applied in granting scholarships for the purpose of enabling Maori students from the school to attend classes in science at the Victoria College or such page 8 other institution providing the higher industrial training, as, with the approval of the Governor in Council, the General Synod appoints.
8.The value, tenure, terms and conditions of the scholarships shall be such are fixed by regulations to be made by the General Synod.
9.No religious test shall be imposed in respect of either the teachers or pupils or of the persons obtaining scholarships and in every case a preference shall as far as practicable be given to members of the Ngatitoa Tribe (being the original donors of the said land) and to Maoris resident within the Provincial District of Wellington.
10.If the school is not duly established and equipped before the first day of June one thousand nine hundred the Trustees shall thereafter and until it is duly established and equipped pay over to the Education Board of the Wellington District out of net income sums at the rate of four hundred pounds per year by equal quarterly instalments, and the said Board shall apply the same in providing instruction and industrial training for Maoris in such manner as it thinks fit.
11.The Government Audit office shall be the auditor of the Trustees and shall have the same powers and duties in respect of the moneys and accounts of the Trustees, and of every person dealing therewith, as if the Trustees were a local authority within the meaning of section six of "The Public Revenues Act, 1892."
12.Within twenty-one days after the close of each financial year ending the thirty-first day of March, the Trustees shall cause to be prepared and submitted to the said Audit office a statement of accounts showing:—
(i.)The total receipts and disbursements for the year; and also
(ii.)Such other particulars as are from time to time prescribed by regulations as herein provided.
13.Such statement shall be audited by the said Audit office within twenty-one days after receipt thereof, and shall, together with the certificate of the Audit office and a general report of the position of the trust property and the work of the school, be forwarded by the Trustees to the Native Minister within sixty days after the close of such year, to be by him laid before both page 9 Houses of the General Assembly if Parliament is sitting, or if not, then within ten days after the commencement of the next session thereof.
14.The Trustees shall also cause a copy of such statement certificate aud report to be submitted to the then next ensuing meeting of the General Synod.
15.The General Synod may from time to time make regulations for any of the following purposes:—
(i.)The appointment of Trustees, their term of office, and the events on the happening of which they shall cease to hold office;
(ii.)The powers, duties, and functions of the Trustees;
(iii.)Any other purpose for which regulations are contemplated or required by this Scheme.

Provided that they shall not come into operation unless and until they have been approved by the Governor-in-Council.

The case in due course came on for argument (Mr. Quick and Mr. Tolhurst on behalf of the Trustees, and Sir Robert Stout and Mr, Gully on behalf of Defendant the Solicitor-General) the Judge being Sir James Prendergast, the late Chief Justice.

On the 19th May, 1899, judgment was delivered by which it will be seen that neither scheme was adopted but important law points were disposed of, and leave was reserved to the Plaintiffs to apply again.

The following is a copy of the judgment. The italics of course are not in the original.