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THIS AMENDING DEED is made the 10th day of June 2003

BETWEEN THE NEW ZEALAND FIRE SERVICE COMMISSION ("the Commission") of the first part

AND THE TRUSTEES OF THE NEW ZEALAND FIRE SERVICE SUPERANNUATION SCHEME ("the Trustees") of the second part

WHEREAS

  1.  
    By Trust Deed sated the 2nd day of December 1987 it was established that the New Zealand Fire Service Commission Superannuation Scheme ("the Scheme"), the provisions of which were amended by deed dated the 4th day of July 1990, the 25th day of July 1991, the 25th day of March 1993, the 13th day of August 1993, the 4th day of September 1995, the 16th day of December 1996 and the 14th day of December 2001 ("the Trust DeedÓ):

  2. The Trustees are the present duly appointed trustees of the Scheme;

  3. In exercise of the powers conferred under clause 16 of the Deed the Commission and the Trustees have resolved to amend the provisions of the Trust Deed as hereinafter provided. Namely:
    Pursuant to Paragraph 4 of the Third Schedule of the Trust Deed provision was made for payment of a benefit on loss of physical fitness. The provisions are to be amended in accordance with this Deed.
  4. The Trustees have obtained a certificate from a solicitor of the Scheme that the Trust Deed, if amended by this Amending Deed, will comply with Section 7 of the Superannuation Schemes Act 1989, and will not contain any provision that is contrary to those implied by sections 8-10 of the said Act.

NOW THIS AMENDING DEED WITNESSETH AS FOLOWS:

1. Paragraph 4, Third Schedule - Loss of Physical Fitness:

Paragraph 4 is removed and substituted with the following paragraph, which states:

"If a Member is required to leave the Service before the Member's Normal Retirement Date due to the Member being unable to meet the physical fitness standards required by the Commission and in the opinion of the Commission is unable to or does not respond to remedial action, there shall be made available for the Member's benefit a capital sum equivalent to the amounts provided for loss of medical fitness pursuant to paragraph 3 herein".

IN WITNESS whereof this deed has been executed on the day first hereinbefore mentioned.

The Common Seal of NEW ZEALAND FIRE SERVICE COMMISSION was hereto affixed in the presence of:-

M BAZLEY

EXECUTED by the said

VINCENT PATRICK ARBUCKLE
as Trustee in the presence of BARRY DENT

ALLAN JAMES KERRISK
as Trustee in the presence of BARRY DENT

MICHAEL JOHN McENANEY
as Trustee in the presence of BARRY DENT

HUTTON DAVID PEACOCK
as Trustee in the presence of BARRY DENT

KEVIN CHARLES PEACOCK
as Trustee in the presence of BARRY DENT

KENNETH REGINALD SIMONS
as Trustee in the presence of BARRY DENT

STEPHEN COLIN WARNER
as Trustee in the presence of BARRY DENT

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