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39-500: The Māori Trustee is a statutory corporation sole with perpetual succession in New Zealand. The Trustee administers, as trustee or agent, Māori land trusts and other Māori entities. The Māori Trustee administers about 1,800 Māori land trusts, which is about one third of such trusts. Māori land trusts are a type of legal governance structure by which multiple owners of Māori land can manage their land. Under any trust, whether

78-414: A Māori land trust or a private family trust, one or more people – the "trustees" – are the legal owners of the land or other property, but they have a special obligation to look after this property on behalf of, and for the benefit of, some other person or people, called the "beneficiaries". With a Māori land trust, the trustees must manage the land for the benefit of all the owners of the land. The role of

117-480: A New Zealand member of parliament had attempted to found a state trustee in Victoria. In 1870 when the country was less than 30 years old, a member of parliament, Edward Cephas John Stevens , suggested a state-backed trust to colonial treasurer Julius Vogel , during a casual conversation about a case where a private trustee had embezzled money. The pair were apparently unaware of Webster's earlier proposal. Vogel

156-471: A corporation sole in these states. There can be no legal limitation to specific denominations, therefore a Buddhist temple or Jewish Community Center would qualify as quickly as a Christian church. Some states also recognize corporations sole for various other non-profit purposes including performing arts groups, scientific research groups, educational institutions, and cemetery societies. Public Trustee (New Zealand) The Public Trust of New Zealand

195-549: A corporation sole, and real property is held by way of land trusts , a tradition dating back to the suppression of Catholicism by Henry VIII during the English Reformation and the Penal Laws of Ireland. The Church of Jesus Christ of Latter-day Saints uses the corporation sole form for its president , which is legally listed as " The Church of Jesus Christ of Latter-day Saints ". Iglesia ni Cristo

234-529: A corporation sole, the legal person of the sovereign is the personification of the state and consequently acts as a guarantor of the rule of law and the fount of all executive authority behind the state's institutions. As Australia and Canada have federal systems of government , the sovereign in these cases also possesses capacities as distinct corporation sole in right of each of the Australian states and Canadian provinces ; for example, as His Majesty

273-794: A maximum of only 10 owners to be named per title. Because land was not collectively owned, individuals were able decide what they could do with their interests, which resulted in increased sales. By 1870, almost the entire South Island had been taken by the Crown, and by the early 1900s most of the North Island had too. In 1873, changes to the Native Land Court through the Native Lands Act 1873, lead to even greater fragmentation of Māori land. Everyone with ownership interest could be put on title (not just 10), and owners had shares in

312-474: A person when it enters into contracts and possesses property. As a person, the monarch (officeholder) may hold properties privately, distinct from property he or she possesses corporately, and may act as monarch separate from their personal acts. For example, Charles III as a natural person holds several separate offices, such as king of the United Kingdom , king of Canada , king of Australia , and

351-595: A quarter of his salary. During the first year the main business of the Public trustee was with intestate estates – that is, people who had died without leaving a will (234 of the 314 estates administered in 1873). This was not a matter considered by the Public Trust Act, and an amendment was introduced in September. A further amendment on 1 November required life insurance companies to deposit security with

390-458: Is Dr Charlotte Severne, who was appointed in September 2018 by the Minister for Māori Development, Nanaia Mahuta , and reappointed by Willie Jackson in 2021. Previous Māori Trustees include Jamie Tuuta from 2011 to 2018, and John Paki, both of whom were appointed by the Minister of Māori Affairs, Pita Sharples . Māori land has a unique legal status in New Zealand. The definition of Māori land

429-564: Is a crown entity that provides trustee services to those unwilling to use private services, or required by the courts or legislation to use Public Trust. Before 2001 Public Trust was a government-appointed corporation sole and was called the Public Trustee. The Public Trust is New Zealand's largest provider of wills and estate administration services, and provides services to individuals, charitable trusts, private training establishments, and businesses. According to its website it manages

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468-408: Is provided by section 129 of Te Ture Whenua Māori Act 1993 . The Act recognises Māori land as taonga tuku iho , a treasure to be handed down. The Māori Land Court promotes the retention and use of Māori land; and facilitates the occupation, development and use of that land. The Māori Land Court is the specialist court of record in New Zealand that hears matters relating to Māori land. The key aim for

507-466: Is undertaken by a hired executive team. In early New Zealand, where mortality was high, literacy low, and the population mobile, but travel and communications difficult, there were problems getting reliable volunteers to be trustees , that is to look after assets, (usually an estate where the beneficiaries are minors ). Similar problems occurred in Australia, where in 1860 George Webster , now

546-496: The Commonwealth realms , the Crown is a nonstatutory corporation sole. Although conceptually speaking, the office and officeholder retain dual capacities in that they may act both in a corporate capacity (as monarch) and in an individual capacity (as a private person), they are inseparably fused in law; there is no legal distinction between the office and the individual person who holds it. The Crown (state) legally acts as

585-492: The archbishopric of Canterbury ), although some political offices of the United Kingdom (e.g., many of the secretaries of state ), Canada, and the United States are corporations sole. The concept of corporation sole originated as a means for orderly transfer of ecclesiastical property, serving to keep the title within the denomination or religious society. In order to keep the religious property from being treated as

624-463: The supreme governor of the Church of England , all of which are distinct corporations sole, even as he acts as a natural person in his private capacities separate and apart from his role filling these various offices (corporations). Likewise, the office of prime minister has use of certain properties and privileges, such as an official residence and decision-making powers, that remain with the office once

663-505: The Crown". This led to the establishment of Te Tumu Paeroa as a standalone organisation supporting the Māori Trustee to provide professional trustee services. The Māori Affairs Act 1953 aimed to force unproductive Māori land into use. It enabled the Māori Trustee to purchase uneconomic interests (defined as any share in Māori land that was valued at less than £10, later changed to £25), and make

702-684: The King of Australia in Right of Queensland and His Majesty the King of Canada in Right of Alberta . Every state of the United States recognizes corporations sole under common law , and about a third of the states have specific statutes that stipulate the conditions under which that state recognizes the corporations sole that are filed with that state for acquiring, holding, and disposing of title for church and religious society property. Almost any religious society or church can qualify for filing as

741-439: The Māori Trustee is to manage the adverse effects of fragmented and multiple ownership of Māori land. Before the arrival of European settlers, Māori had collective kaitiakitanga (guardianship) for the whenua (land) in their territory. Collective ownership meant that no one person had ownership rights, and everyone was responsible for ensuring its protection and sustainability for the future. The arrival of European settlers from

780-534: The Māori Trustee is to provide fair, proper, and prudent administration and management of clients' assets within the principles and obligations of trusteeship and agency and in accordance with the Māori Trustee Act 1953, which established the Māori Trustee and identifies its roles and functions, the Trustee Act 1956, Te Ture Whenua Māori Act 1993 , and other applicable legislation. The current Māori Trustee

819-738: The Native Trustee was able to loan money to individual Māori. Under the influence of Sir Apirana Ngata , the Native Trustee funded a series of large land development schemes in rural areas. Responsibility for administering Māori land moved from the Public Trustee to the Native Trustee. In 1932, the Native Trustee Office merged with the Native Department . In 1934 the Native Department absorbed

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858-614: The Public Trustee. On the same day, Woodward also acquired his first employee, having previously done all tasks in the office himself. By 1876 the office was self funding, in 1877 the second employee (an untrained cadet) joined the office. By 1878 the Public Trustee was administering 1432 estates. In that year Jonas Woodward handed over his responsibilities as Commissioner of the Government Life Insurance office and Major Charles Heaphy V.C. Woodward retired on reaching 70 on 1 May, (although as his successor Robert Hammerton

897-433: The Public trustee to act under a power of attorney and the government guarantee, (both of which were soon reintroduced), and provision for closer supervision of the Public Trustee was included. The bill was presented to the house on 23 July 1872. Again it was heavily criticised in the upper house, where opposition was organised by Henry Sewell , who by the time of its final reading was Colonial Secretary . Sewell described

936-625: The beneficiary or beneficiaries in question wished to sell, and to sell that land under such terms as the Trustee saw fit. In 1996, Māori Reserved Land Amendment Bill aimed to restore balance to the relationship between owners and lessees. To achieve this the Act required rents to increase to the market rate and to be reviewed every seven years. This had led to significant rent increases on Māori reserved land every seven years. Corporation sole Most corporations sole are church-related (for example,

975-411: The corporate nature of the office of sovereign ensures that the authority of the state continues uninterrupted. In other words, the sovereign is made a corporation sole to prevent the possibility of disruption or interregnum , thereby preserving the stability of the Crown (state). For this reason, at the moment of the demise of the sovereign , a successor is immediately and automatically in place. As

1014-454: The diocese's liability for any sexual abuse or other wrongful activity in which the priest might engage. This is, however, not the case everywhere, and legal application varies. For instance, other U.S. jurisdictions have used corporations at multiple levels. In the jurisdictions of England and Wales , Scotland , Northern Ireland , and the Republic of Ireland , a Catholic bishop is not

1053-671: The early 1800s meant that Māori land was in high demand. However, the European concept of outright ownership caused confusion and conflict. Following the signing of the Treaty of Waitangi in 1840, significant tracts of Māori land were acquired by the Crown. The Native Land Act 1862 and Native Lands Act 1865 established the Native Land Court and introduced individual land titles to replace customary communal titles. The court could decide on who owns land, and legislation allowed for

1092-649: The estate of the vicar of the church, the property was titled to the office of the corporation sole. In the case of the Catholic Church , ecclesiastical property is usually titled to the diocesan bishop , who serves in the office of the corporation sole. The Catholic Church continues to use corporations sole in holding titles of property: as recently as 2002, it split a diocese in the US state of California into many smaller corporations sole and with each parish priest becoming his own corporation sole, thus limiting

1131-480: The final debate, when the Stafford government was ousted by Waterhouse . The Public Trust Act passed into law on 25 October 1872. Jonas Woodward , a 62-year-old former banker, auditor and high ranking civil servant, was appointed the first Public Trustee gazetting the functions of the office on 30 December 1872 and starting on the job on 1 January 1873. It was initially considered a part-time job, and made up only

1170-419: The financial affairs of over 800 people, administers over 4,000 trusts, oversees enactment of over 8,000 wills, manages over 400 charitable trusts, and has supervision of over NZ$ 90billion through their Customer Trustee Services division. The Public Trust has 24 customer care centres across New Zealand, along with a workforce of approximately 400 staff. The Public Trust is governed by a Board, and its management

1209-491: The idea as "one of the most extraordinary that ever entered in to the imagination of any persons out of the limit of those buildings which were appointed for the custody of persons not able to take care of their own property". Ironically, the bill was then amended to place mental patient's estates in the hands of the public trustee. The electorate was mobilised in support of the bill, notably by Anglican and Presbyterian churches, and Sewell himself lost his position nine days after

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1248-608: The land. These shares could be partitioned (and re-partitioned). Many land blocks became difficult to administer, and others were deemed to be 'uneconomic'. In 1920, the Native Trustee Act established both the Native Trustee and the Native Trustee Office. The purpose of this was to help Māori better manage the remaining Māori land. The rate of Māori land acquisition slowed markedly after Gordon Coates replaced W. H. Herries as native minister in 1921. The Native Land Court changed its focus to helping to develop Māori land and

1287-400: The officeholder leaves, even as the officeholder may own property in a private capacity. The sovereign's status as a corporation sole ensures that all references to the king, the queen, His Majesty, Her Majesty, and the Crown are synonymous, referring to exactly the same legal personality over time. While natural persons who serve as sovereign pass on, the sovereign never legally dies; thus

1326-418: The shares available for purchase by other owners in the land block. The acquisition of uneconomic interests was known as "compulsorily acquired shares". From the late 1950s to the mid 1960s Māori Trustee acquired substantial interests in Māori land, both through compulsory acquisition and through voluntary sale. Perpetual leases were established from the late 1800s and apply to Māori land reserves or land that

1365-581: The staff of the Native Trustee Office, and shortly after the end of the Second World War, further administrative functions of the Native Trustee were transferred to District Offices of the Native Department, and the Māori Trustee lost its independence from government. The Native Department was renamed the Department of Māori Affairs in 1947 after Prime Minister Peter Fraser , who was also Minister of Native Affairs, passed legislation substituting

1404-414: The word Māori for Native wherever it occurred. The Native Trustee became the Māori Trustee. In 2009, amendments to the Māori Trustee Act 1953 resulted in the disestablishment of the former Māori Trustee Office, and the Māori Trustee regained independence from the Crown. Section 5 of the Māori Trustee Act 1953 included that "the Māori Trustee must act independently, free from any direction or instruction from

1443-470: Was a keen promoter of state involvement in business, having founded State Insurance in 1869. He introduced the Public Trustee Bill to Parliament on 28 July 1870. The bill was passed by the house of representatives, but defeated in the legislative council, (New Zealand's then upper house), by three votes. In 1871 Vogel drafted an amended bill, removing two criticised aspects; the ability of

1482-591: Was registered as corporation sole with the Insular Government of the Philippines in 1914 and with the People's Republic of China in 2014. The corporation sole form can serve the needs of a religious organization by reducing its complexity to that of a single office and its holder, thereby eliminating the need for by-laws and a board of directors. Within most constitutional monarchies, notably

1521-540: Was returned to Māori as compensation, and then leased by the Public Trustee under perpetual leases. In 1955, the Māori Reserved Land Act continued the system of perpetual leases for Māori land that were originally established by the Public Trustee. This Act empowered the Māori Trustee to convert any outstanding fixed term leases to leases in perpetuity. The legislation continued to allowed to Māori Trustee to acquire uneconomical interests or purchase any interest that

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