NZ Indians

1.3 The name of the Association is New Zealand Indian Central Association Incorporated. N.B. NAME AS RECORDED AND ASCERTAINED FROM AN INTERNET SEARCH OF THE REGISTER (28/9/00).

Click here for Contents

2.0 INTERPRETATION

2.1 In these Rules, unless such meanings are excluded by the context, the following terms shall have the following meanings:

"Act" means the Incorporated Societies Act 1908
"Association" means The New Zealand Indian Central Association Incorporated
"Branch" means an organisation that is affiliated to the Association; allows persons of Indian (as defined below) origin to become members, is an incorporated body under the Act and operates within an area either specified or agreed by the Association, and has voting rights
"Executive Committee" means the Executive Committee referred to in Rule 10.1
"Member" means a member of a Branch who is deemed to be a Member of the Association pursuant to Rule 5.3(c) hereof
"Associate Member" means an Associate Member admitted pursuant to Rule 5.4 hereof
"Indian" means a person domiciled in New Zealand descended from the inhabitants of the region now known as the Republic of India and includes a quarter caste and a person intermediate in blood between quarter castes and persons of pure descent and also the spouse of such a person
"Registrar" means the Registrar under the Act.

Click here for Contents

3.0 OBJECTS

3.1 The primary objects of the Association are :

a) To conserve, promote and advance generally the interests and welfare and status of Indians resident in New Zealand.

(b) To join in, concur in, promote and assist measures for the protection and the advancement of Indians in New Zealand.

(c) To provide a link between the Indian community in New Zealand and throughout the world so that information on matters of common interest may be exchanged and fraternal feelings fostered.

(d) To promote or oppose bills, legislation or other measures or bylaws affecting the interests of the Indian community.

(e) To preserve and foster the Indian culture, to promote the advancement of education and generally to render charitable and benevolent assistance to any and all Indians in New Zealand as herein defined who may in the opinion of the Association be in need of or be benefited by such assistance and further to render such charitable or benevolent assistance to any organisation or body as the Association may think fit.

(f) To promote youth and women involement at Branch level and to encourage and organise forums for their participation at regional and/or National conferences.

(g) To administer the affairs of any dormant or defunct Branch and stand possessed of any funds or property of such dormant or defunct Branch until such time as such Branch is re-established and in such case shall hand over any funds and property so held to such Branch.

(h) To do all things as are incidental or conducive to the attainment of the above objects.

3.2 Without detracting from the primary objects, the secondary objects of the Association are to:

(a) Establish codes of behaviour applicable to Members, and

(b) Make regulations or bylaws to advance the attainment of any of the above objects.

Click here for Contents

4.0 POWERS

4.1 In addition to its statutory powers, the Association:

(a) May use such of its funds to pay the costs and expenses of furthering or carrying out its objects, and for that purpose may employ such people as may seem expedient,

(b) May purchase, lease, hire or otherwise acquire, may exchange, and may sell, lease or otherwise dispose of property, rights or privileges to further or carry out its objects as may seem expedient,

(c) May invest in any investment in which a trustee might invest,and

(d) Shall have power to borrow or raise money by debenture, bonds, mortgage and other means with or without security, but such borrowing powers shall not be exercised other than by resolution of a General Meeting of which proposed resolution at least ten clear days' written notice was given by circulation to all Branches.

4.2 Notwithstanding any other provision, the Association shall not expend any money:

(a) Other than to further purposes recognised by law, nor

(b) For the sole personal or individual benefit of any Member.

4.3 Any transactions between the Association and any Branch, Member, officer or member of the Executive Committee, or any associated persons shall be at arms' length and in accordance with prevailing commercial terms on which the Association would deal with third parties not associated with the Association, and any payments made in respect of such transactions shall be limited to:

(a) A fair and reasonable reward for services performed,

(b) Reimbursement of expenses properly incurred,

(c) Usual professional, business or trade charges, and

(d) Interest at no more than current commercial rates.

Click here for Contents

5.0 BRANCHES AND MEMBERSHIP

5.1 Branches as Members of the Association

(a) At the time of adoption of these Rules on 19 April 2003, the following nine Branches of the Association are known as Foundation Branches:

(i) The Auckland Indian Association Incorporated,
(ii) Bay of Plenty (Rotorua) Indian Association Incorporated,
(iii) Christchurch Indian Association Incorporated,
(iv) Country Section New Zealand Indian Association Incorporated,
(v) Central Districts Indian Association Incorporated,
(vi) Pukekohe Indian Association Incorporated,
(vii) Taranaki Indian Association,
(vii) Waikato Indian Association Incorporated,
(ix) Wellington Indian Association Incorporated,

(A) The nine Branches referred to in Rule 5.1(a) are known as Foundation Branches, and have the same rights as any Branch affiliated after 4 April 1999 unless specified otherwise in these rules.

(b) Any application from an organisation for affiliation to the Association shall be made as follows:

(i) The application is to be received by the General Secretary at least six months before the AGM of the Association. Any such application shall be considered and approved by the Executive committee by a two-thirds majority.

(ii) The Executive committee shall consult with the existing Branches that adjoin the area served by the new organisation before deciding if the application should proceed.

(iii) The Executive may recommend an application subject to approval by the Executive by a two-thirds majority of votes cast to the next AGM of the Association.

(iv) All applications are to be approved by a two-thirds majority of the votes cast at the next AGM of the Association. Only the Foundation Branch delegates and officers of the Association shall be entitled to vote.

(c) After considering the opinions of those Branches whose areas include or adjoin an area where a new Branch is proposed, the Association shall have the power to assist in the establishment of new Branches in such places as the Executive Committee may from time to time determine, and for those purposes the Executive Committee may expend such funds as it thinks fit to promote such establishment.

5.2 Members of Branches as Members of Association

(a) Membership of Branches shall be open to all Indians domiciled in New Zealand of or over the age of eighteen years and who are of good repute.

(b) The members of the Branches, by virtue of such Branch membership, shall automatically be Members of the Association.

(c) Any member of a Branch may resign from membership of the Members' Branch and the Association by written notice to the Branch Secretary, and each such resignation shall take effect from the end of the Association's then current financial year.

(d) A Branch Committee may declare that a member is no longer a member (from the date of that declaration or such date as may be specified) if that member ceases to be qualified to be a member or is convicted of any indictable offence or offence for which a convicted person may be imprisoned.The Branch Secretary shall forthwith notify the General Secretary of any such declaration.

(e) Any complaint about any Member in relation to conduct alleged to be contrary to these Rules or inimical to the objects or interests of the Association, whether from another Member or any other person, shall be lodged in writing with the Branch Secretary, and the procedures set out below shall be observed:

(i) The Branch Committee shall have the following discretions:

(A) If the nature of the complaint indicates that the subject matter should be dealt with by any Court or tribunal, the Branch Committee may decline to investigate or deal with the complaint until any such body has dealt with the issues which are the subject of the complaint. If the decision of any such body:

Effectively disposes of the complaint, the Branch Committee may decide to take no further action, or may on the basis of that decision without further investigation take such action as it deems appropriate, with or without calling on the complainant or Member to provide further information or to make submissions, or

Does not effectively dispose of the complaint, the Branch Committee may decide to undertake such further investigations as it thinks fit, and then follow the procedures set out in paragraph (ii)(D) to (G) of this rule.

(B) The Branch Committee may decline to investigate or consider the complaint if the nature of the complaint indicates that the subject matter is petty, frivolous, or inconsequential.

(C) The Branch Committee may decline to investigate or consider the complaint if, during enquiries being made by or on behalf of the Branch Committee, in the opinion of the Branch Committee that it is not appropriate further to investigate or consider the complaint.

(D) If the investigation or consideration of the complaint are likely to require extensive enquiries, a considerable time input, or advice to the Branch Committee from professional advisers, the Branch Committee may at any time:

Decline further to investigate or consider the complaint, or

Require the complainant to deposit with the Branch such sum as the Branch Committee thinks fit to reimburse the Branch wholly or partly for the costs of those making the enquiries or considering the complaint and/or the Branch's professional adviser's fees before further investigating or considering the complaint.

(ii) The following procedures shall be observed when a complaint is investigated and considered by a Branch:

(A) The Member shall be given a copy of the complaint,
(B) The Member shall have the opportunity to provide a detailed written response to the complaint to the Branch Committee within not less than two weeks after receiving a copy of the complaint, and such response shall be copied to the complainant,
(C) Further enquiries may be made by or on behalf of the Branch Committee, and the results of those enquiries shall be made known to the complainant and the Member,
(D) The Branch Committee shall allow the complainant and the Member the opportunity to be heard by the Branch Committee or any special committee established by it for the purpose of hearing and deciding upon the complaint (and no person who has any direct or indirect interest in the complaint or who is in any way biased shall hear and determine the complaint),
(E) The Branch Committee or any special committee hearing and deciding upon any complaint may:

Dismiss the complaint, or

Uphold the complaint and:

Reprimand or admonish the Member,

Suspend the Member from membership for a specified period,

Expel the Member.

(F) The Branch Committee or any special committee hearing and deciding upon any complaint shall respect the confidentiality of the proceedings, and
(G) The decision and any reasons which may be given (without any obligation to give such reasons) for that decision shall be conveyed to the complainant and the Member in writing, shall be forwarded to the Association, and may at the discretion of the Branch Committee or any special committee hearing and deciding upon the complaint be conveyed to Members.

(iii) The decisions of the Branch Committee or any special committee hearing and deciding upon any complaint under this Rule shall be final and binding on the complainant and the Member complained against, and shall not be subject to any review or challenge.The Member may appeal to the Association as provided by Rule 7.2(ii).

(f) Termination of a Member's membership of a Branch under this Rule, shall automatically terminate that Member's membership of the Association, and. the Branch secretary shall forthwith notify the General Secretary of any such termination.

(g) A member who resigns or has membership terminated under this Rule during any financial year shall remain liable to pay all Association and Branch subscriptions, levies and any other fees to the end of that year, and shall cease to hold himself or herself out as a member of the Association and Branch, and shall return to the Association and Branch all material produced by the Association and Branch (including any Membership certificate and other materials).

5.3 Associate Members

(a) The Executive Committee or any sub-committee given delegated powers for that purpose may admit as a Probationary Associate Member any incorporated Society which fulfils the following criteria:

(i) Has been in existence for at least 3 to 5 years,
(ii) Has rules consistent with the aims and objects of the Association,
(iii) Has a credible membership,
(iv) Has a credible level of activity,
(v) Has published Annual Reports and Audited accounts,
(vi) Represents a distinct cultural identity from India, and

(vii) More secular than purelyreligious in its outlook.

(b) Such a Probationary Associate Member shall have the following privileges so long as it remains a Probationary Associate Member:

(i) To have its members participate in the activities of the Association,
(ii) To have no more than one observer attend meetings of the Executive Committee, and
(iii) To have no more than two observers attend the Association's Annual General Meeting.

(c) After a period of not less than twelve months as a Probationary Associate Member the Association may admit a Probationary Associate Member to join as an "Associate Member" by a resolution passed by a two-thirds majority at a General Meeting of the Association.

(d) Such an Associate Member shall have the following rights as an Associate Member:

(i) To have its members participate in the activities of the Association,
(ii) To have no more than one speaking and voting delegate attend meetings of the Executive Committee as an Executive Committee member, and
(iii) To have no more than two speaking and voting delegates attend the Association's Annual General Meeting.

5.4 Life Members

(a) The Association may confer life membership upon any Member in recognition of his/her outstanding services to the Indian Community and the Association, but such member shall be nominated by one of the following:

1. An affiliated Branch Association six months prior to the AGM of the Association, have the two-thirds approval of the Executive Committee of the Association;

2. By the Executive Committee of the Association and such nomination to be considered at the next meeting of the Association's Executive Committee and have two-third approval of the Executive Committee;

3. By an AGM of the Association and such a nomination to be considered at the next meeting of the Association;

And be elected at a General Meeting of delegates to the Association, provided that there shall be no more than twenty(20) Life Memberships of the Association in existence at any one time.

(b) The election shall be by ballot at which the nominee must at least receive two-thirds of the votes cast.

(c) Life membership shall only be considered for special service rendered.

(d) Life Members shall be entitled to the same rights and privileges as the delegates at a General Meeting of the Association, but at an Executive Committee meeting they are entitled to take part in deliberation without voting right.

(e) Branches may confer life membership upon any of their members for outstanding services rendered to their Association. Such life membership must be reported to this Association for recording in the Annual Report of the Association.

(f) The Association shall provide each life member with a suitable medallion.

5.5 Honorary Members

An Honorary Member is a person honoured for services to the Association or in an associated field elected as an Honorary Member by resolution of a General Meeting passed by a two-thirds majority of those present and voting. An Honorary Member shall have no membership rights, privileges or duties in the Association or any Branch.

5.6 All Members, Officers and Executive Committee members shall promote the interests and the objects of the Association and shall do nothing to bring the Association into disrepute.

5.7 Copies of these Rules shall be available at all reasonable times for inspection by Branches and Members, and copies shall be provided (at cost) to any Branch or Member on request.

Click here for Contents

6.0 SUBSCRIPTIONS AND LEVIES

6.1 Every Member shall pay to that Member's Branch such annual subscription as may be set by resolution of a General Meeting of the Branch from time to time, but such subscription shall not be fixed at any amount less than the annual affiliation fee payable by the Branch to the Association in respect of each Member.

6.2 The Executive Committee may by resolution impose a levy on Branches in proportion to the number of Members of the Branches in any calendar year.

6.3 Where any Branch's remittances of affiliation fees or levies are not paid despite demand by 31 December in any year it shall be deemed to be unfinancial and its Delegates shall not be entitled to take part in any proceedings or exercise any voting rights at any General Meetings.

6.4 If such arrears are not paid by the end of the financial year in which the subscription or levy became due or such later date as the Executive Committee may determine the Branch and its members shall be deemed to have ceased to have any rights in respect of the Association and the Association shall determine what further action be taken at an Annual General Meeting or Special General Meeting of the Association.

Click here for Contents

7.0. RELATIONSHIP BETWEEN THE ASSOCIATION AND BRANCHES

7.1 Every Branch, Member and Officer shall at all times comply with the provisions of these Rules.

7.2 Each Branch shall at all times comply with the following obligations:

(a) Each Branch shall incorporate under 1908 act and maintain incorporation pursuant to the Incorporated Societies Act and amendments.

(b) Each Branch shall be and remain affiliated to the Association.

(c) Each Branch's Constitution shall be deemed to include the following provisions:

(i) Branch General Meetings
A General Meeting of the Branch shall be called by the Branch Committee upon the written requisition signed not less than 10% of the Branch membership or no less than 15 Members, whichever is the lower number, and the following procedures shall apply:

(A) Such General Meeting shall be called within 21 days. In the event of the failure to comply with such requisition any Member of such Branch shall have the right to ask the Association to act.
(B) The Association may call a General Meeting of the Members of any Branch upon giving the Branch Secretary 21 days' written notice requiring that such meeting be called.
(C) If the Branch Secretary fails to call such General Meeting within 21 days of such notice, the Association may by giving written notice to all Members of the Branch known to it under Rule 7.2(h) hereof call General Meeting.

(ii) Grievances
Any Member aggrieved by any decision or action taken against the Member by any Branch may complain to the Association in writing, and the following procedures shall apply:

(A) On receipt of such complaint the Association shall ask the Branch Secretary report on such complaint within 21 days
(B) On receipt of such report the Executive Committee shall consider the complaint of such member and make a decision thereon as to the decision or action of the Branch.
(C) If the Member or Branch is not satisfied with the decision of the Executive Committee the Member or Branch may appeal to a General Meeting, the decision of which shall not be subject to any review or challenge.

(d) The Branch shall not amend or alter the rules in its Constitution in any way which conflicts with or contravenes the spirit or principles of these Rules.

(e) The Branch shall not join or become affiliated with any other organisation without first having received the written consent of the Association.

(f) Each Branch shall advise the General Secretary of any change of postal and any email address of the Branch, and contact telephone and facsimile numbers for the Branch and its President, Vice-Presidents, Secretary and Treasurer.

(g) The Branch shall within four months of the close of every financial year (which shall be 31 March) forward to the General Secretary the Branch's financial statement of accounts after audit and adoption by the Annual General Meeting of the Branch, together with an Annual Report of the affairs of the Branch.

(h) Each Branch shall maintain a membership register (open for inspection by all financial members of the Branch) recording the names and addresses of all members of the Branch and the dates they became members, and an up-to-date copy of the membership register shall be forwarded to the General Secretary by 30 April each year.

7.3 Where a resolution of a General Meeting affirms that a Branch is in breach of its obligations in that it:

(a) Has committed any acts in contravention of the objects of the Association resulting in disrepute, or

(b) Has failed to pay affiliation fees, or

(c) Is unable to pay its just debts.

a General Meeting may resolve that the Association either:

(d) Take absolute control of the affairs and finances of that Branch and manage it upon such conditions and for so long as the General Meeting deems expedient, or

(e) To seek the winding up of the Branch, or

(f) By notice in writing require that Branch forthwith to remedy such breach or may invite all or any of the members of such Branch or its officers, executive or committee (however named or described in its Rules) to retire from the Branch. If such breach is not remedied within 14 (fourteen) days or if such persons do not retire, the Association may suspend such persons for any period up to the concluding day of the next General Meeting and may submit the issue of their expulsion to the next General Meeting in which event the procedures set out below shall be observed:

(i) The Branch or such persons shall have the opportunity to provide a detailed written response to the General Secretary not less than one calendar month before the General Meeting at which the issue of possible expulsion is to be considered,
(ii) The Executive Committee or its representatives delegated to do so on its behalf shall provide a written report and recommendations to the General Meeting, circulated to delegates and such persons,
(iii) The General Meeting shall allow no more than two representatives on behalf of the Executive Committee and such persons (in the case of a Branch, no more than two delegates) the opportunity to be heard before resolving how to deal with the issue,
(iv) The General Meeting may resolve that:

(A) The Association take absolute control of the affairs and finances of that Branch and manage it upon such conditions and for so long as the General Meeting deems expedient, or
(B) The Branch and/or such person be expelled, as long as such resolution is passed by a two-thirds majority, in which event:

In the case of Members so expelled the provisions of Rule 5.3(h) hereof shall apply, and

In the case of a Branch the Branch shall be wound up and its net assets vested in the Association, or

(C) No further action be taken.

(v) Decisions made under this Rule shall be final and binding on all parties, and shall not be subject to any review or challenge.

The powers set out in this Rule may be exercised recurrently.

Click here for Contents

8.0 GENERAL MEETINGS

8.1 The Annual General Meeting shall be held each year at a date and venue shall be determinded by the preceding General Meeting provided, however the Executive Committee may change the date and the venue in case the host Branch Association shall be unable to hold the General Meeting as decided by the preceding General Meeting or due to other unforseen circumstances which in the opinion of the Executive Committee and with the consent of the Host branch justify to change the date and venue of the General Meeting. One month's notice shall be given by the General Secretary to all branches setting out the venue and business to be transacted.

8.2 Special General Meetings may be called by the Executive Committee or by written requisition to the General Secretary signed by not less than two financial Branches at a time and place fixed by the Executive Committee.

8.3 At least one calendar month before the Annual General Meeting, and 14 clear days before any Special General Meeting, the General Secretary shall post to all Branches written notice of the time, date and place of the Meeting and of the business to be conducted at the General Meeting (including in the case of Annual General Meetings copies of the Annual Report, Statement of Accounts). The failure for any reason of any Branch to receive such notice shall not invalidate the meeting or its proceedings.

8.4 General Meetings may be attended by:

(a) Each Branch shall be entitled to be represented at any meeting by a number not exceeding 10% of its financial members. However, no Branch shall be entitled to be represented by more than 10 (ten) delegates.

(b) Any Member who has attended 15 or more Annual General Meetings, referred to as Merit holder, is entitled to attend and speak but not vote.

(c) Each officer shall be entitled to one vote but where such officer is a delegate the member shall not be entitled to vote in both capacities.

8.5 The quorum for General Meetings is 25 voting attendees (including Delegates and Officers and Life Members).

8.6 All General Meetings shall be chaired by the President, or in the President's absence by the Vice-President, or in the absence of both of them by some other Member elected for the purpose by the Meeting, and any such chairperson shall have a deliberative and casting vote.

8.7 (a) At General Meetings votes shall be exercised as follows:

(i) By voices, by show of hands or, on demand of the chairperson or of five financial Members present, by secret ballot, and
(ii) Unless otherwise required by these rules, all questions shall be determined by a simple majority of those present and voting, but
(iii) Where the expulsion of a Member is being considered voting shall be by secret ballot.

(b) A resolution passed by the required majority at any General Meeting binds all Branches, Delegates and Members, irrespective of whether they were represented or present at the General Meeting where the resolution was adopted or whether they voted.

8.8 The business of the Annual General Meeting shall be:

(a) Minutes of the previous General Meeting(s),

(b) Annual Report of the Executive Committee,

(c) Statement of Accounts,

(d) Election of the Officers,

(e) Appointment of the Auditor,

(f) Motions of which notice has been given, and

(g) General business.

8.9 Any Branch or Officer wishing to give notice of any motion for consideration at a General Meeting shall forward written notice of the same to the General Secretary not less than 14 clear days before the date of the meeting. The Executive Committee may consider all such notices of motion and provide recommendations to Branches in respect thereof.

8.10 A General Meeting may appoint sub-committees consisting of such persons (whether or not Members of the Association) and for such purposes as it thinks fit, and any such sub-committee shall cease to exist at the end of the next Annual General Meeting after their appointment. Unless otherwise resolved by a General Meeting :

(a) The quorum of every sub-committee is half the members of the sub-committee,

(b) No sub-committee shall have power to co-opt additional members,

(c) No sub-committee may commit the Association to any financial expenditure without express authority, and

(d) No sub-committee may delegate any of its powers.

8.11 A General Meeting from time to time may make and amend regulations, bylaws and policies for the conduct and control of Association activities, but no such regulations, bylaws and policies shall be inconsistent with these Rules. Such regulations, bylaws and policies shall be available at all reasonable times for inspection by Branches and Members, and copies shall be provided (at cost) to any Branch or Member on request.

Click here for Contents

9.0 ELECTION OF OFFICERS

9.1 The Officers of the Association shall be elected annually, namely a President, Vice-President, General Secretary, Under-Secretary and Tresurer.

9.2 The election of Officers shall be conducted as follows:

(a) Written nominations for nominees under Rule 9.1 (who must be financial Members), accompanied by the written consent of each nominee, shall be received by the General Secretary not less than 30 clear days before the date of the Annual General Meeting.

(b) Not less than fourteen clear days before the date of the Annual General Meeting the General Secretary shall post to all Branches a list of all Officer nominees and such information (not exceeding one side of an A4 sheet of paper) as may be supplied to the General Secretary by or on behalf of each nominee in support of the nomination.

(c) If there are insufficient valid nominations received under sub-Rule (a) above, but not otherwise, further nominations may be received from the floor within the officers and delegates attending at the Annual General Meeting.

(d) Votes shall be cast in such manner as the chairperson of the Annual General Meeting shall determine.

(e) Two persons designated by the chairperson of the Annual General Meeting shall act as scrutineers for the counting of the votes and destruction of any voting papers.

(f) In the event of any vote being tied the tie shall be resolved by the interim Chairperson's casting vote.

9.3 If a vacancy in the position of President, Vice-President, General Secretary, Under-Secretary or Treasurer occurs between Annual General Meetings that vacancy shall be filled by the Executive Committee.

9.4 Any Officer may be removed by a resolution of a General Meeting of which prior notice was given in the notice of meeting and which is passed by a two-thirds majority of those present and voting by secret ballot.

9.5 Each officer shall within one calender month of submitting a resignation or ceasing to hold office deliver to that officer's successor all books,papers and other property of the Association possessed by such former officer.

Click here for Contents

10.0 MANAGEMENT BY THE EXECUTIVE COMMITTEE

10.1 The Officers of the Association together with one representative from each of the Branches and Associate Members shall be the Association's Executive Committee, and in the year following that person's last year as President the Immediate Past President.

10.2 From the end of each Annual General Meeting until the end of the next, the Association shall, subject to the directions of General Meetings, be administered, managed and controlled by the Executive Committee, which shall be accountable to the Branches for the implementation of the policies of the Association as approved by any General Meeting.

10.3 Subject to these Rules and the resolution of any General Meeting, the Executive Committee may exercise all the Association's powers, other than those required by statute or by these Rules to be exercised by the Association in General Meeting.

10.4 The Executive Committee shall meet at regular interval (at least quarterly) at such times and places and in such manner (including by telephone or video conference) as it may determine and otherwise where and as convened by the President or General Secretary.

10.5 All Executive Committee meetings shall be chaired by the President or in the President's absence by the Vice-President, or in the absence of both of them by some other Executive Committee member elected for the purpose by the meeting, and any such chairperson shall have a deliberative and casting vote.

10.6 The Executive Committee may co-opt any person to the Executive Committee for a specific purpose, or for a limited period, or generally until the next Annual General Meeting.

10.7 The quorum for Executive Committee meetings is at least half the number of the Executive Committee members.

10.8 Only Executive Committee members holding office under Rule 10.1 or appointed under Rule 10.6 who are present in person or by telephone or video link shall be counted in the quorum and entitled to vote.

10.9 The Executive Committee and its sub-committees may act by resolution approved by not less than two-thirds of the members of the Executive Committee or sub-committee in the course of a telephone conference call or through a written ballot conducted by mail,facsimile or email.

10.10 Other than as prescribed by statute or these Rules, the Executive Committee may regulate its proceedings as it thinks fit

10.11 Members:

(a) Of the Executive Committee shall receive such honoraria as may be set by resolution of a General Meeting, and

(b) Of the Executive Committee and of its sub-committees shall be entitled to be reimbursed by the Association for any reasonable actual expenses incurred by them on behalf of the Association as approved by resolution of the Executive Committee.

10.12 Subject to statute, these Rules and the resolutions of General Meetings, the decisions of the Executive Committee on the interpretation of these Rules and all matters dealt with by it in accordance with these Rules and on matters not provided for in these Rules shall be final and binding on all Branches and Members.

10.13 The Executive Committee may employ any person or company to administer or manage the affairs of the Association.

10.14 Indemnity for Executive Committee:

(a) No Officer or member of the Executive Committee shall be liable for the acts or defaults of any other Officer or member of the Executive Committee or any loss occasioned thereby, unless occasioned by their wilful default or by their wilful acquiescence.

(b) The Officers, Executive Committee and each of its members shall be indemnified by the Association for all liabilities and costs incurred by them in the proper performance of the functions and duties, other than as a result of their wilful default.

Click here for Contents

11.0 PRESIDENT

11.1 The President (and,in the absence of the President,the Vice-President) shall,in addition to all other duties described in these rules,generally oversee and direct the affairs and business of the Association.

11.2 No President shall serve for more than 3 consecutive years as President.

Click here for Contents

12.0 GENERAL SECRETARY

12.1 The General Secretary shall record the minutes of all General Meetings and Executive Committee meetings, and all such minutes when confirmed by the next such meeting and signed by the chairperson of that meeting shall be prima facie evidence that that meeting was duly called and shall prima facie be a true and correct record of what occurred at that meeting.

12.2 The General Secretary shall hold the Association's records, documents, and books.

12.3 The General Secretary shall deal with and answer correspondence and perform such other duties as directed by the Executive Committee.

Click here for Contents

13.0 TREASURER

13.1 The Treasurer shall collect all affiliation fees and levies; prepare budget and funding applications and deal with all financial matters for the Association.

13.2 At the discretion of the AGM the position of General Secretary and Treasurer may be combined.

Click here for Contents

14.0 FINANCE

14.1 The Treasurer shall keep such books of account as may be necessary to provide a true record of the Association's financial position, report on the Association's financial position to each Executive Committee meeting, and present an audited annual Statement of Accounts (Income and Expenditure Account and Balance Sheet) to the Annual General Meeting.

14.2 The Executive Committee shall maintain bank accounts in the name of the Association, and all cheques and withdrawal forms shall be signed by any two of the President, Tresurer, General Secretary, and Under-Secretary.

14.3 All money received on account of the Association shall be banked within seven days of receipt.

14.4 All accounts paid or for payment shall be submitted to the Executive Committee for approval of payment.

14.5 The Executive Committee may authorise the President and the General Secretary to spend without reference to the Executive Committee individual amounts not exceeding such sum as the Executive Committee shall from time to time authorise, and all amounts so spent shall be reported to the next meeting of the Executive Committee.

14.6 The Association's financial year shall commence on 1 January of each year and end on 31 December of the same year.

14.7 The Annual General Meeting each year shall appoint an auditor (who is a member of the New Zealand Association of Accountants and not a member of the Association) to audit the annual accounts of the Association and provide a certificate of correctness of the same, and if any such auditor is unable to act the Executive Committee shall appoint a replacement auditor.

Click here for Contents

15.0 REGISTERED OFFICE

15.1 The Registered Office of the Association shall be at such place as the Executive Committee from time to time determines.

Click here for Contents

16.0 EXECUTION OF DOCUMENTS

16.1 The Common Seal of the Association shall be retained by the General Secretary.

16.2 Documents shall be executed for the Association pursuant to a resolution of a General Meeting or the Executive Committee:

(a) By affixing the Common Seal witnessed by the President or Vice-President and counter-signed by some other member of the Executive Committee, or

(b) Where the document is not required by statute to be executed under common seal, by the President or Vice-President and some other member of the Executive Committee signing on behalf of the Association.

Click here for Contents

17.0 ALTERATION OF RULES

17.1 These Rules may be amended or replaced by resolution of any General Meeting passed by a three-fourths majority of those present and voting.

17.2 Any proposed motion to amend or replace these Rules shall be signed by at least 2 Branches and given in writing to the General Secretary at least two calendar months before the General Meeting at which the motion is to be considered, and accompanied by a written explanation of the reasons for the proposal.

17.3 At least 30 clear days before the General Meeting at which any such proposal is to be considered the General Secretary shall post to all Branches written notice of the proposed motion, of the reasons for the proposal, and of any recommendations from the Executive Committee in respect thereof.

17.4 When any such amendment to or replacement of the Rules is made:

(a) Duplicate copies of every such amendment or replacement shall forthwith be registered with the Registrar in accordance with the requirements of the Act,

(b) Such amendment or replacement shall be deemed to take effect from the date of registration and shall from that date operate and apply effectually as if they had been in effect from the incorporation of the Association in the first instance, but any persons in office at such date shall continue to hold office as if they had been elected or appointed under the Rules as amended or replaced, and

(c) Such amendment or replacement shall not affect anything done or purporting to have been done under the Rules prior to such amendment or replacement; and all resolutions adopted, liabilities incurred and all other acts, deeds, matters, things and appointments made done or entered into by the Association or its Officers or others on its behalf shall be deemed to be valid irrespective of any irregularity or defect that may have existed in connection therewith under the Rules prior to such amendment or replacement.

Click here for Contents

18.0 WINDING UP

18.1 The Association may be wound up under the provisions of the Incorporated Societies Act 1908.

18.2 A voluntary winding up shall be conducted in accordance with section 24 of the Incorporated Societies Act 1908, and notwithstanding anything to the contrary contained herein:

(a) 30 clear days' notice of the required General Meeting of Branch Delegates shall be given by written notice to each Branch.

(b) The quorum for the General Meetings not less than 20% of the financial Members from each Branch present in person.

(c) Every financial Member present in person shall have one vote on a vote by voices, by show of hands or by secret ballot

(d) Any resolution to wind up the association must be passed by a three-fourths majority of those present and voting.

18.3 If the Association is wound up, the surplus assets after payment of all debts, costs and liabilities shall be disposed of by transfer to some other organisation having objects similar to the objects of the Association, and

(a) Such organisation to be determined by a simple majority of the members of the Association present and voting at a General Meeting held at or before the dissolution, or

(b) In default thereof, as determined by the High Court of New Zealand,

but no payment or distribution shall be made to any Member.

Click here for Contents

(go top)