RULES OF THE NEW PLYMOUTH CLUB (INC)
AS AT 17 April 2011
1. NAME
The name of the Club shall be the New Plymouth Club (Incorporated) hereinafter referred to as the “Club”.
2. REGISTERED OFFICE
The registered office of the Club shall be at 57 Gill Street New Plymouth or such other place as the Committee shall from time to time appoint.
3. OBJECTS
The objects for which the Club is established are:
- To conduct, administer and maintain a Chartered Club for its members and for such persons as are authorized from time to time in accordance with the terms of any charter granted to the Club.
- To provide amenities and cultural activities and promote sports and generally to provide an atmosphere where the members may meet and enjoy fellowship with one another.
4. MEMBERSHIP
Membership of the Club shall consist of Ordinary, Country, Senior, Youth, Junior Youth and Life Members and shall comprise:
Ordinary and Country members who shall be persons not less than the full age of eighteen years.
Senior members who shall be persons not less than the full age of sixty years.
Youth members who shall be persons not less than the full age of fifteen years and not more than the full age of eighteen years and one month.
Junior Youth members who shall be persons not less than the full age of twelve years and not more than the full age of fifteen years and one month, As a Youth or Junior Youth member passes from one classification to the next they must apply for transition to the next level and pay any difference in subscription within one month of becoming eligible.
Life members who shall be treated as a fully paid up ordinary member with the exception that they pay no annual subscription.
All members shall be entitled to rights and privileges as follows:
Entry to the Club premises during such hours as may be defined by the Committee, provided that Junior Youth Members, at all times, be under the supervision of their legal guardian or guardian appointed person (who must be a member). Youth and Junior Youth members shall abide by all rules defined from time to time by the Committee including restrictions on access to areas within the club, activities which they may undertake and be ineligible for any membership promotion draws.
The provision of admissions to any Chartered Club with which this Club is reciprocally associated upon production of an official reciprocity card, a Youth or Junior Youth Member may only be able to exercise this right if the reciprocally associated Club permits that classification of member.
The right to hold office in accordance with the rules of the Club, an equal voice in all business of the Club, except in the case of Country or Youth or Junior Youth Members who shall not have the right to a vote at any meeting or election or to hold any office. Further Youth and Junior Youth are not permitted to vote or hold office in any adjunct.
Country members must reside over eighty (80) kilometers/fifty (50) miles from the Club.
Any Country member shall be entitled to become an Ordinary member at any time without fresh application upon payment of the difference in his/her current subscription but no Ordinary member shall register as a Country member unless with the sanction of the Committee.
5. ELECTION OF MEMBERS
Each candidate for membership shall be nominated in writing on a form provided for the purpose by two financial members of the Club. The nomination form shall include the Christian names, surname, age, residential address and occupation of the candidate and an undertaking that he or she will abide by the Rules of the Club. The candidate shall deposit, at time of nomination, such sum as may be directed by the Committee. The name of candidates shall be posted on the Club’s notice board for fourteen (14) clear days prior to election.
Any objection lodged during the period of posting shall be considered by the Committee.
6. TERMINATION OF MEMBERSHIP
(a) By Resignation
Any member may resign his/her membership by letter addressed to the Secretary of the Club to that effect and by paying all subscriptions due and owing at the time of such letter of resignation.
(b) ByExpulsion
Any member who misconducts him or her self or commits an offence under these Rules renders him or her self liable to expulsion on the majority decision of the Committee. A member shall have the right to appear at and be heard at any meeting considering a complaint against him or her.
Any member expelled shall have the right of appeal upon a requisition signed by not less than fifty (50) financial members to an Extraordinary General Meeting of members held within six (6) weeks after the date of receipt of such requisition by the Secretary. The offending member shall be excluded from the use of the facilities of the Club until such Extraordinary General Meeting is held.
7. SUBSCRIPTIONS
The annual subscriptions payable by members shall be: (as at July 30th 2010)
(a) Ordinary Members $60.00 reducible to $45.00 if paid by August 31st
(b) Senior Members $40.00 reducible to $25.00 if paid by August 31st
(c) Country Members $40.00 reducible to $25.00 if paid by August 31st
(d) Youth & Junior
Youth Members $30.00 reducible to $20.00 if paid by August 31st
(e) Life Members Subscription is free.
or such other sum as shall from time to time be determined by members in Annual General Meeting.
8. LIFE MEMBERS
The Club in Annual General Meeting, upon recommendation by the Committee, may grant life membership to any member for meritorious service rendered to or on behalf of the Club. Notice of intention to recommend shall be posted on the Club’s notice board for fourteen (14) clear days prior to the Annual General Meeting. The number of life members shall not at any time exceed two (2) per cent of the total membership of the Club.
9. ARREARS
Any member whose subscription or dues are in arrear for one month shall be struck off the register of members. A member incapacitated through illness, accident or distress, may, on notice in writing being given to the Secretary, have his or her subscription suspended or remitted.
10. GOVERNMENT
The general business, management and control of the Club shall be conducted by an Executive Committee comprising: |
(a) A president
(b) An immediate Past President who shall hold office in that capacity during the 12 months his/her successor occupies the office of President.
(c) A vice-president and
(d) Eight (8) committee-persons
Nominations for the Committee shall be made in writing on a form provided for the purpose and shall be deposited with the Secretary at least fourteen (14) clear days prior to the Annual General Meeting. The nominee and his/her proposer and seconder shall, at the date of nomination, be eligible & financial members of the Club. If any is not then the nomination shall be void.
(e) Voting shall be conducted on the six days immediately preceding the AGM i.e. Monday to Saturday inclusive. The hours of voting shall be set each year by the committee, but those hours will fall between noon and 8:00pm on the Monday through Friday and noon and 6pm on the Saturday. Voting shall close at 6pm on the Saturday.
(f) any extraordinary vacancy on the Committee may be filled by appointment by the committee.
(g) employees of the Club shall not be eligible for nomination for the Committee.
(h) any member elected or appointed after the date of the annual election shall hold office until the next annual election.
The president and vice-president retire at the next election date on their successors being elected.
(i) in each year one half of the members of the Committee shall retire and the members to retire shall be members who have been in office for two years. If more than half of the Committee have been in office for less than two years the extra members to retire shall be determined by lot.
(j) all retiring members from any office shall be eligible for re-election.
(k) every candidate for the office of President or Vice-President must have been a member of the Club for at least five (5) years immediately preceding nomination and must have served as a member of the committee for at least two (2) years.
(l) any financial Ordinary, Senior or Life member of the Club, be entitled to stand for Committee on being nominated and seconded by two other financial members.
(m) A member of the Executive Committee shall ipso facto vacate his/her office if he/she:
- is absent from three (3) consecutive meetings of the Committee without leave of the Committee,
- becomes bankrupt or is found to be of unsound mind,
- by notice in writing to the Committee resigns his/her office,
- by notice in writing from the Committee, is called upon to resign for any reason which the committee deems expedient and he/she does not resign.
11. SECRETARY
The Club shall appoint a secretary whose duties shall be to attend to the accounting and clerical duties of the Club; to take minutes of Committee and General Meetings and generally to conform to such regulations as shall from time to time be made by the Committee. Nothing in his/her role shall preclude the engaging of outside professional services in the performance of any of the above duties or from combining the office of secretary with that of Manager.
12. TREASURER
The Club shall appoint a Treasurer whose duties shall be to check the readings of the cash registers and compare same with the records of cash paid to the Secretary and shall furnish the Committee at each ordinary meeting with a detailed report of the previous month’s receipts. Nothing in this Rule shall preclude the combining the office of Treasurer with that of Secretary.
13. MANAGER
The Club may appoint a manager who shall be responsible for the day to day maintenance, cleanliness and service of the Club; the engagement and dismissal of such employees as may be essential to provide adequate and efficient maintenance of the assets and control of the Club and such other duties as are conducive to his/her office. His/her salary and remuneration shall be determined by the Committee.
14. AUDITOR
An auditor who shall be a member of the New Zealand Society of Accountants shall be appointed by the members annually. He shall not hold any other office in the Club. He shall have the right to attend any meeting of the Club at which the Club’s financial affairs are under discussion.
15. MEETINGS
- Annual Meetings
The Annual General Meeting of the Club shall be held on a Sunday not later than 31st July in each year at such time and place as shall be fixed by the Committee. At least fourteen (14) days notice of such Annual General meeting stating the nature of the business to be brought before the meeting shall be given in a public newspaper circulating in the district. All other general meetings shall be extraordinary general meetings.
- Extraordinary General Meetings
The Committee may whenever it thinks fit and shall upon a requisition in writing by fifty (50) members convene an Extraordinary General Meeting. Any such requisition shall specify the objects of the meeting requisitioned and shall be signed by the members making same and shall be deposited with the secretary. The meeting must be convened for the purpose specified in the requisition and if convened otherwise than by the Committee, for this purpose only. Seven (7) clear days notice specifying the place, the day and the hour of such Extraordinary General Meeting and the purpose for which it is held shall be given by an advertisement in the public newspaper circulating in the district.
- Committee Meetings
The Committee shall meet monthly at a time and place to be determined by the Committee.
16. VOTING
At any Annual General Meeting and Extraordinary General Meeting of members, every member shall be entitled to be present and, with the exception of Country, Youth and Junior Youth Members, to give one vote and no more upon every question, provided however that in the case of equality of votes the chairman of the meeting shall have a second or casting vote. Voting shall be on the voices in the first instance, provided however that the chairman on his/her own volition may and/or on the application of three members shall call for a show of hands. On a motion passed by a majority of those present the vote shall be taken by secret ballot.
17. QUORUMS
The Quorum for:
- A meeting of the Committee shall be not less than fifty percent (50%) of its members.
- A general meeting of the Club shall be fifty (50) members.
18. GENERAL POWERS
The Club shall have power:
- to take on lease, hire or otherwise acquire any real or personal property or rights or privileges which the Club may think necessary or convenient for the purpose of furthering the objects of the Club.
- to invest any monies not required for immediate use in such Government or Local Body Securities Approved Trustee Securities or on bank deposit as may be deemed advisable with power from time to time to vary investments for others of like natures, and to lease or hire or enjoy the benefits of any property presently occupied whether real or personal of any kind or nature whatsoever which may be conveniently used in connection with the objects of the Club provided that nothing contained or implied herein may allow the letting or leasing of any part of the premises of the Club in respect of which the Club charter under the Sale of Liquor Act, 1962 and its amendments is held by the Club,
- to make Regulations and by-laws for the conduct of the Club and the discipline required of members.
- to do all such things as in the opinion of the Club may be incidental to the attainment of any of the foregoing objects or the exercise of any of the foregoing powers.
19. BORROWING MONEY
The Club shall have power to borrow or raise or give security for money by the issue of or upon bonds, debentures, debenture stock, bills of exchange, promissory notes or other obligations or securities of the Club by mortgage or charge upon all or any part of the property of the Club or without security and upon terms as to priority or otherwise as the Club shall think fit.
20. ACCOUNTS
The Committee shall cause to be kept true accounts:
- of all sums of money received and expended by the Club and the matters in respect of such receipt and expenditure takes place,
- of all assets, credits and liabilities of the Club including any charges and securities of any description affecting any property of the Club,
- the financial year of the Club shall begin on the first day of June in each year and shall expire on the thirty-first day of May in each year.
- the books of accounts shall be kept at the office of the Club or other such place as the Committee may determine and shall be open to the inspection of active members at reasonable times. All monies received shall be forthwith paid into a bank approved by the Committee after being entered in the books of the Club as having been received.
- all payments shall be reported to the Committee for confirmation at the meeting next following pay-out, and payment of all monies on behalf of the Club shall be made by cheques signed by two persons appointed by the Committee or by direct debit or automatic payment authority, authority for which has been granted by two persons appointed by the Committee.
- at every Annual General Meeting of the Club the Committee shall present a statement of the income and expenditure and a balance sheet containing a summary of the assets and liabilities of the Club made up to the end of the year. Every such statement shall be accompanied by a report from the Treasurer as to the state of the Club.
- the Club shall make returns required by Sec. 23 of the Incorporated Societies Act, 1908 or by such other statutory provision for the time being in force and shall comply with all the requirements of such Statute and other Regulations there under,
- the Club shall keep such proper accounts in such standard form as the Auditor shall approve. A copy of the annual report, Statement of Income and Expenditure and Balance Sheet shall be available to every member of the Club.
21. SEAL
The Club shall have a Common Seal which shall be kept in the custody and the control of the Secretary for the time being or the Club’s Solicitor and any documents to be executed by the Club, for which the Solicitor advises, shall be executed with the following attestation clause pursuant to a resolution of the Committee.
“The Common Seal of the New Plymouth Club (Incorporated) was hereto affixed by the Secretary in the present of two members of the Committee.”
22. DISPUTES
Every dispute between a member or persons claiming through a member under these Rules and the Club or an officer of the Club shall be decided by the committee and the decision shall be binding and conclusive on all parties without appeal.
23. BY-LAWS
The members in General Meeting shall have power to make Regulations and By-laws dealing with all matters within the jurisdiction of the Club and not provided for in these Rules.
Such Regulations or By-laws shall not be inconsistent or repugnant to the provisions of the Incorporated Societies Act, 1908 and its amendments or of these Rules.
24. INTERPRETATION
In the interpretation of these Rules, the decision of the Committee shall be final and binding.
25. REVISION OF RULES
These Rules may be revised or amended by a resolution passed by a majority of the members for the time being entitled to be present and to vote at any General Meeting of which notice specifying the intention to propose the resolution has been duly given according to the Rules and confirmed by a majority of the members for the time being entitled to vote at a subsequent General Meeting, held not less than fourteen (14) days or more than one month after the day of the meeting at which the resolution was first passed. (For the purpose of confirming resolutions already passed for the alteration of Rules, but not further or otherwise.) The Annual General Meetings shall be deemed to be Extraordinary General Meetings. Any such changes shall not be binding until the Secretary has registered the changes with the Registrar of Incorporated Societies.
The Committee may propose remits to amend theses rules either at an Annual General Meeting or at a purposely called Extraordinary General Meeting.
Any two (2) eligible Members may also propose remits to amend these rules provided the proposed amendments, in writing, stating the rules to be amended, the reasons for the amendments along with their legible names, membership numbers and signatures are in the hands of the Secretary no less than twenty-eight (28) days prior to the Annual General Meeting.
Notice of remits shall be posted on the Club’s notice board for fourteen (14) clear days prior to the General Meeting.
26. DISSOLUTION
The Club may be voluntarily dissolved as provided by Sec. 24 of the Incorporated Societies Act 1908 as amended in 1971. Should the Club be dissolved, any monies remaining after due settlement of all just debts and the affairs of the Club, shall be handed over to some charitable institution to be determined upon at the next meeting, or as otherwise set out in the instrument of dissolution.
27. GENERAL
All matters provided for in these Rules shall, at all times, be dealt with in accordance with the following “guiding principles”.
- that it be accepted that the Club is established primarily for the benefit and convenience of its members,
- that the admissions of non-members shall at all times be subordinated to the comfort, well-being and satisfaction of the Club’s members,
- that the admission of visitors should always be regarded as a privilege of the members, granted to enable them to dispense periodic hospitality to their casual guests and not as a means of augmenting the revenue of the Club.
- That at all times the provisions of the Club’s charter as laid down by the Licensing Control Commission are to be maintained and upheld.
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