Petanque

New Zealand

2.1.

2.2.

2.3.

2.4.

2.5.

2.6.

2.7.

2.8.

- In this Constitution and in any by-laws or regulations made hereunder, unless the context otherwise

  requires:

- “Act” means the Incorporated Societies Act 1908;

- “Affiliated Club” means each club that is an Affiliated Club under clause 5.1;

- “Associate Member” means any person who is an Associate Member under clause 5.3;

- “AGM” means the Annual General Meeting to be held each year under clause 10.1;

- “Executive” means the Executive as described in clause 8.1.

- “Financial Member” means a Life Member or an Ordinary Member who, at the date of the AGM, has

   paid all Membership fees and any other sums then due from that Member;

- “Financial Statements” means the financial statements of Petanque NZ within the meaning of

   clause 15.2;

- “Financial Year” means the period specified under clause 15.1;

- “FIPJP” means the Federation Internationale de Petanque et Jeu Provencale;

- “General Meeting” means any meeting provided for under clause 10;

- “Honorary Member” means any person who is an Honorary Member under clause 5.5;

- "Life Member" means any person who is a Life Member under clause 5.4;

- “Members’ Register” means the register maintained by the Executive under clause 5.7;

- “Member” means any person or organisation who or which is an Affiliated Club, Ordinary Member,

   Associate Member, Life Member or Honorary Member under clause 5 and “Membership” has a

   corresponding meaning;

- “National Council” means the ruling body of Petanque NZ, as described under clause 7;

- “Objects” means the objects of Petanque NZ set out in clause 3;

- “Officer” means each person appointed as an Officer of the Executive under clause 8;

- “Ordinary Member” means any person who is an Ordinary Member under clause 5.2;

- “President” means a person appointed as such by the National Council under clause 7.9;

- “Regions” means those geographical areas of New Zealand as defined in by-laws made pursuant to

   clause 12;

- “Regional Committee” means a committee described in clause 6;

- “Regional Committee Member” means a person appointed by an Affiliated Club under clause 6.2;

- “Regional Delegate” means each person elected as the one representative of a Region under

   clause 6.6;

- “Secretary” means a person appointed as such by the National Council under clause 8.2.

- “Special Resolution” means a resolution passed by 75 percent or more of the votes of Regional

   Delegates entitled to vote and voting on the resolution;

All headings in this Constitution are inserted for convenience only and shall not affect the interpretation of this Constitution.

In the event of any dispute or disagreement about the meaning or interpretation of this Constitution, the matter shall be resolved by the Executive, whose decision shall be final and binding.

Any reference to clauses in this Constitution is, in the absence of an express indication to the contrary, a reference to clauses of this Constitution.

Any statute, statutory regulations or any other statutory instrument include the statute, statutory regulations or instrument as amended, re-enacted or substituted.

The words “written” and “writing” include facsimile communications and any other means of communication resulting in permanent visible reproduction.

The word “person” includes any association of persons whether corporate or unincorporate, and any state or government or department or agency thereof, whether or not having separate legal personality.

The singular includes the plural and vice versa and one gender includes the other genders.

3.1.

3.2.

3.3.

Promote and foster the development, playing and knowledge of the amateur game of petanque in New Zealand. 

Represent Petanque NZ and its members at the FIPJP and other international meetings.

Constitute an authoritative body for the final determination in New Zealand of all questions and matters that may arise in the play of the game of petanque, and serve as the arbitrator of controversies amongst Members on all matters directly or indirectly pertaining to the game of petanque in New Zealand.

4.1.

4.2.

4.3.

4.4.

4.5.

4.6.

4.7.

4.8.

4.9.

4.10.

4.11.

4.12.

4.13.

4.14.

4.15.

4.16.

4.17.

4.18.

Promote Petanque NZ and its activities;

Organise, control, approve, and assist in the organisation of petanque competitions in New Zealand;

Develop, organise, deliver and participate in programmes of education and training In relation to the game of petanque;

Select and manage New Zealand representative teams of petanque players;

Make and alter competition rules to govern the playing of petanque in New Zealand by Members including changes necessary to reflect changes to competition rules notified by FIPJP;

Establish and implement disciplinary procedures in relation to and impose sanctions and penalties on Members;

Establish tribunals, conduct hearings, and hear appeals on matters relating to Members;

Develop and adopt drug testing and other associated policies  and associated disciplinary procedures;

Purchase, take on lease or in exchange or otherwise acquire any real or personal property, and any rights or privileges necessary or desirable for the purposes of Petanque NZ, and to sell, mortgage, exchange, lease or otherwise deal with such property, rights or privileges;

Lend, invest, borrow, raise or secure the payment of money, and give guarantees, provided that none of Petanque NZ’s funds may be invested in speculative shares or in any speculative venture;

Raise funds by way of subscriptions, levies, donations, sponsorship or any other legal means;

Incur liabilities;

Apply funds to purposes in accordance with the Objects;

Enter into and/or terminate contracts with Members, sponsors, media and any other persons, agencies and organisations;

Delegate duties, co-opt or appoint sub-committees or individuals;

Disseminate private or other information about Members with their written consent and subject to the purpose for which the information is to be used being in accordance with the objects;

Join, subscribe to, affiliate with and co-operate with kindred or other organisations;

Do all such other things as are incidental or conducive to the attainment of the Objects.

5.1.

5.1.1.

5.1.2.

5.2.

5.2.1.

5.2.2.

5.3.

5.3.1.

5.3.2.

5.4.

5.4.1.

5.4.2.

5.4.3.

5.5.

5.5.1.

5.5.2.

5.5.3.

5.6.

5.6.1.

5.6.2.

5.7.

5.7.1.

5.7.2.

5.7.3.

5.7.4.

5.8.

5.8.1.

5.8.2.

5.8.3.

5.9.

5.9.1.

5.10.

5.10.1.

5.11.

5.11.1.

5.11.2.

5.11.3.

5.11.4.

Affiliated Clubs

Affiliated Clubs will be those petanque clubs that apply to be Affiliated Clubs in such form and accompanied by such fees as are determined in accordance with clause 10.2.1(e), and are accepted by the Executive as Affiliated Clubs.

The Executive shall determine the Region to which each Affiliated Club shall be assigned.

Ordinary Members

Subject to clause 5.10, the Ordinary Members are those persons who are members of any Affiliated Club, pay such fees as may be determined in accordance with clause 10.2.1(e), and are accepted as Ordinary Members by the Executive.

Each Ordinary Member has the right to:

(a). receive notice of and attend any General Meeting but not to vote; and

(b). stand for election as a Regional Delegate, or serve as an Officer or serve in a co-opted role.

Associate Members

Subject to clauses 5.11, Associate Members will be each person or organisation who or which applies for Associate Membership in such form as the Executive may determine and is accepted as an Associate Member on such terms and conditions as from time to time determined by the Executive.

Each Associate Member has the right to receive notice of and attend any General Meeting as an observer, but has no voting rights.

Life Members

Any Member who has rendered outstanding service to Petanque NZ or the game of petanque in New Zealand over a period of not less than 5 years shall be eligible for election as a Life Member.

Election as a Life Member shall be at the discretion of the Executive, subject to any direction by the National Council.

Life Members have the same rights and obligations as Ordinary Members except that they are exempt from the obligation to pay Membership fees under clause 5.

Honorary Members

Any person who has rendered outstanding service to Petanque NZ or the game of petanque in New Zealand, or whose Membership of Petanque NZ would be of significant benefit to Petanque NZ or the game of petanque shall be eligible for election as an Honorary Member.

Election as an Honorary Member shall be at the discretion of the Executive, subject to any direction by the National Council.

Each Honorary Member has the right to receive notice of and attend any General Meeting as an observer, but has no voting rights.

Members who are not individuals

A Member which is not an individual shall nominate a person to act as its representative, and that person shall have the right to:

(a). receive all notices and correspondence;

(b). attend meetings; and

(c). exercise all rights of Membership on behalf of the body corporate.

The appointment of a representative under Rule 5.6.1 shall be in writing addressed to the Executive and may be revoked by the Member or by the representative in writing at any time.

Members’ Register

The Executive shall maintain a register in such form as it may determine, and in accordance with the requirements of the Privacy Act 1993, which records the name and address of each Member, plus in the case of Affiliated Clubs, the Region to which they are assigned.

Every person and organisation who or which is a Member under clause 5.1 to 5.5 shall be entitled to have their name and address entered into the Members’ Register.

The name of each Member whose Membership ceases under clause 5.9 or 5.10 shall be removed from the Members’ Register.

Entry into the Register of Membership under clauses 5.1. to 5.4. or of cessation of Membership pursuant to clause 5.9. or 5.10. or any other matter required to be recorded in it by an Executive Officer or any other person authorised by the Executive is to be conclusive evidence of that matter, with effect from the date of entry.

Membership fees

Ordinary Members and Associate Members shall pay to Petanque NZ Membership fees of such sum and for such period as may be determined at any General Meeting under clause 10.2.1(e).

The Membership fees shall be paid at such time and in such manner as the Executive from time to time determines.

Any Ordinary Member or Associate Member who has not, within three months of a date determined under clause 5.8.2, paid in full the Membership fees due from that Member under this clause 5.8, shall cease to be an Ordinary Member or an Associate Member (as the case may be).

Resignation of Membership

Any Member may resign by notifying the Secretary in writing or via electronic mail. The resignation shall be effective on receipt of that notice, or on any subsequent date stated in the notice.

Suspension or termination of Membership

The Executive may suspend or terminate the Membership of a Member if the Member:

(a). fails to comply with any provision of this Constitution;

(b). wilfully or recklessly damages or illegally takes any property of Petanque NZ;

(c). acts in a manner determined by the Executive (following a full and fair investigation and hearing

      by  the Executive) to be injurious or prejudicial to the character or interests of Petanque NZ or the

      game of petanque;

(d). being an associate member, ceases to satisfy the criteria for Membership under Rule 5.3.1; or

(e). dies.

Appeal against suspension or termination of Membership

A Member whose Membership has been suspended or terminated under clause 5.10 may, within one month of receiving written notification thereof, lodge with the Secretary written notice of intention to appeal against the decision of the Executive.

Within 14 days of receipt of notification of intention to appeal under clause 5.11.1, the Secretary shall request the National Council to convene a Tribunal to determine the appeal. At any such meeting the applicant shall be given a reasonable opportunity to present their case and the Tribunal shall have the opportunity to hear the opposing view.

The appeal shall be determined, in closed session, by the majority vote of the Tribunal members present at such meeting.

The appellant must be notified of the determination of the appeal under clause 5.11.3 within 7 days of that determination.

6.1.

6.2.

6.3.

6.4.

6.5.

6.6.

6.7.

There shall be one Regional Committee for each Region.  A Regional Committee shall consist of the Regional Committee Members.

Each Affiliated Club may appoint one Regional Committee Member to the Regional Committee for the Region to which the Affiliated Club belongs.

The National Council may deem any organisation with objects that are consistent with those of Petanque NZ to be a Regional Committee instead of establishing a Regional Committee under this clause 6.

Subject to this Constitution, each Regional Committee will regulate its own proceedings.

Each Regional Committee shall meet at least once each year, that meeting to be held on a date at least one month before the date of the AGM.  Each Regional Committee may also meet at such other times as the Regional Committee may determine.

Each Regional Committee shall elect the Regional Delegate (who shall be a person who satisfies the requirements of clause 7) for the Region to which the Regional Committee relates.  That election shall be held at a Regional Committee meeting on a date at least one month before the date of the AGM.

The Regional Committee is to advise the Secretary of the name of the Regional Delegate within seven days of the date of their election.

7.1.

7.2.

7.3.

7.4.

7.5.

7.6.

7.6.1.

7.6.2.

7.6.3.

7.6.4.

7.6.5.

7.6.6.

7.6.7.

7.7.

7.8.

7.9.

7.10.

7.11.

7.11.1.

7.11.2.

7.11.3.

7.11.4.

The ruling body of Petanque NZ shall be the National Council.

The National Council shall consist of the Regional Delegates.

The Regional Delegates shall be elected under clause 6.6.

Regional Delegates must be Financial Members who are resident within the Region they are appointed to represent.

Subject to clause 7.6, Regional Delegates shall be elected for and serve a two year term, such term commencing immediately on the termination of the first AGM following their election and ending on the termination of the first AGM following the election of a replacement Regional Delegate for the relevant Region under clause 6.6. Any person shall be eligible for re-election as a Regional Delegate at the end of their term.

A Regional Delegate shall cease to hold office as a Regional Delegate if the Regional Delegate:

resigns from office by notice in writing to Petanque NZ;

completes his or her term of office;

refuses to act;

fails to attend three consecutive General Meetings without leave of absence or apology and the other Regional Delegates so decide;

ceases to be a Financial Member;

is convicted of an indictable offence;

dies, or becomes mentally or physically incapacitated to the extent that in the opinion of the other Regional Delegates, he or she is unable to perform the duties of a Regional Delegate properly.

In the event of a Regional Delegate not completing their term, the other Regional Delegates, having consulted the Affiliated Clubs in the relevant Region, may appoint a replacement.

The National Council shall meet at least once a year.  The proceedings of the National Council shall be conducted in accordance with clause 10.

The National Council shall elect a President from amongst its members from time to time on such terms and conditions and for such term as the National Council may determine.

Officers shall attend any General Meeting and be eligible to make and/or speak to resolutions, but may not vote unless the Officer is a Regional Delegate.

Powers of the National Council

Except as provided in this Constitution, the National Council may exercise all such powers and do all such acts and things that Petanque NZ may do under this Constitution and by statute, including but not limited to:

appointing the Officers;

determining matters of major strategic consequence for Petanque NZ;

developing and implementing strategies, policies and procedures for the administration, promotion and development of Petanque NZ and the game of petanque in New Zealand; and

determining the powers to be delegated and the duties to be performed by the Executive and by each Officer and the timing form and required content of reports to be given by the Executive to the National Council from time to time.

8.1.

8.2.

8.2.1.

8.2.2.

8.2.3.

8.2.4

8.3.

8.3.1.

8.3.2.

8.3.3.

8.3.4.

8.3.5.

8.3.6.

8.3.7.

8.3.8.

8.4.

8.4.1.

8.4.2.

8.4.3.

8.4.4.

8.4.5.

8.4.6.

8.4.7.

8.4.8.

8.5.

8.6.

8.7.

8.7.1.

8.7.2.

8.7.3.

8.8.

8.9.

The Executive of Petanque NZ shall comprise the following Officers:

- Chief Executive;

- Deputy Chief Executive;

- Secretary;

- Treasurer.

Appointment of Officers

Officers must be Financial Members.

Subject to clause 8.2.4, the National Council may appoint any Officer from time to time on such terms and conditions as to remuneration and benefits (if any), for such term and otherwise as the National Council may determine.

Except as otherwise provided in this Constitution, the Executive and each Officer shall have such powers and will perform such duties as the National Council may from time to time delegate to it.

A person appointed as Chief Executive may not serve for more than six consecutive years.

Vacation of office

An Officer shall cease to hold office as an Officer if the Officer:

becomes bankrupt or makes an arrangement or compromise with his or her creditors generally;

resigns from office by notice in writing to the National Council;

completes his or her term of office;

refuses to act;

fails to attend three consecutive meetings of the Executive without leave of absense or apology and the National Council so decides.

ceases to be a Financial Member;

is convicted of an indictable offence;

dies or becomes physically or mentally incapacitated to the extent that in the opinion of the National Council or the unanimous opinion of the other Officers, he or she is unable to perform the respective duties of that Officer properly.

Meetings of the Executive

The Executive shall meet at least three times in each Financial Year.

A meeting of the Executive may be held by a number of Officers who comprise a quorum, being assembled either:

(a). together at the place, date and time appointed for such meeting;

(b). by means of audio, or audio and visual communication by which all the Officers participating and

      constituting a quorum can simultaneously hear each other throughout the meeting;

(c). by means of electronic communication, in such manner as the National Council may determine.

The Chief Executive or three Officers, may convene a meeting of the Executive.  At least 14 days’ notice of a meeting of the Executive (including the nature of the business to be transacted at, or the motion to be put to the meeting) is to be given to every Officer.

An irregularity in a notice of meeting of the Executive is waived if all the Officers entitled to receive notice of the meeting attend or participate in the meeting without protest as to irregularity, or if all Officers entitled to receive notice of the meeting agree to the waiver.

The quorum for a meeting of the Executive is three Officers.

The Executive may act notwithstanding any vacancy in their body.

The Chief Executive will be the chairperson of the Executive.  If at any meeting the chairperson is not present within five minutes after the time appointed for the commencement of the meeting, the Deputy Chief Executive may act as chairperson of that meeting.

Each Officer is to have one vote.  In the case of an equality of votes, the chairperson may exercise a casting vote.  A resolution of the Executive is passed if it is agreed to without dissent by all Officers present, or if a majority of the votes cast on it are in favour of it.  An Officer present at a meeting of the Executive is presumed to have agreed to, and have voted in favour of, a resolution of the Executive unless that Officer expressly dissents or expressly abstains from voting on, or voting against, the resolution.

A resolution in writing, signed or assented to by all Officers entitled to receive notice of a meeting of the Executive is as valid and effective as if it had been passed at a meeting of the Executive duly convened and held.  Any such resolution may consist of several documents (including facsimile, electronic or other similar means of communication) in like form, each signed or assented to by one or more Officers.  A copy of any such resolution must be entered in or kept with the records of the Executive’s proceedings.

The Executive shall ensure that minutes are kept of all proceedings at meetings of the Executive.

All acts done by any meeting of the Executive or by any person acting as an Officer are valid notwithstanding:

any defect in the appointment of any Officer or person acting as an Officer;

that any Officer was disqualified;

any irregularity in a notice of meeting.

Except as set out in this clause 8, the Executive may regulate its own procedure.

Subject to this Constitution, the Executive shall be responsible for the management of the property and affairs of Petanque NZ, subject to direction from the National Council, and may exercise all such powers of Petanque NZ as are not required by this Constitution or by the Act to be exercised by Petanque NZ in general meeting.

9.1.

Without limiting the powers of the Executive under clause 5.10.1, where a Member has been judged by the Executive to have satisfied any of the grounds set out in Rule 5.10.1, the Executive may:

(a). reprimand, in writing, the Member concerned; or

(b). direct the Member to pay all or part of the cost of replacement, restoration, or repair of any loss or

      damage to Petanque NZ property resulting from the Member’s action; or

(c). prohibit the Member concerned from participating in any or all Petanque NZ controlled or open

      tournaments for any period not exceeding twelve months.

10.1.

10.2.

10.2.1.

10.3.

10.3.1.

10.3.2.

10.4.

10.4.1.

10.4.2.

10.4.3.

10.4.4.

10.5.

10.5.1.

10.5.2.

10.6.

10.6.1.

10.6.2.

10.6.3.

10.6.4.

10.7.

10.8.

10.8.1.

10.8.2.

10.8.3.

10.9.

Annual General Meetings

An annual general meeting of Petanque NZ shall be held no later than 3 months after the end of each Financial Year.

Business of an Annual General Meeting (AGM)

The business to be transacted at every AGM shall include:

(a). approval of the minutes of the previous AGM;

(b). the receiving of a report from the Executive in respect of the preceding Financial Year and the

      Financial Statements for the preceding Financial Year;

(c). the appointment of Officers;

(d). the appointment of an auditor;

(e). the approval of Membership fees;

(f). notices of motions and remits.

Special General Meetings

All meetings of Petanque NZ other than AGMs are Special General Meetings.  A Special General Meeting:

(a). may be called by the Executive at any time; and

(b). is to be called by the Executive if requested in writing by two or more Regional Delegates.  Any

      such request shall state the purpose of the meeting proposed to be called and shall be addressed

      to the Secretary.

A Special General Meeting requested under clause 10.3.1(b) shall be held within 60 days of receipt of the request by the Secretary.

Notice of General Meetings

The Secretary shall convene each General Meeting by giving not less than one month’s notice of any such meeting to each Affiliated Club and each Regional Delegate.

The manner by which notice shall be given under clause 10.4.1 shall be determined by the Executive from time to time.

Notice of a General Meeting shall state the time, date and place of the meeting, and the nature of the business to be discussed thereat.

An irregularity in a notice of a General Meeting is waived if all Regional Delegates attend or participate in the meeting without protest as to the irregularity, or if all Regional Delegates agree to the waiver.  The accidental omission to give a notice of a General Meeting to, or the non-receipt of a notice of a meeting by, any person will not invalidate the proceedings at the meeting.

Quorum for General Meetings

The quorum for a General Meeting necessary for the transaction of business is a majority of Regional Delegates.

No business shall be transacted at any General Meeting unless a quorum is present in person at the time when the meeting proceeds to business.

Voting at General Meetings

At every General Meeting, the chairperson shall be the President, or, in the President’s absence, such other person as the Regional Delegates present at the meeting shall appoint.

The voting at General Meetings shall be by poll of Regional Delegates.

Each Regional Delegate shall have one vote for the first 100 Ordinary Members and Life Members belonging to the Affiliated Clubs within the Region represented by the Regional Delegate (or part thereof) and one vote for each additional 100 such Members (or part thereof).

In the case of an equality of votes, the chairperson may exercise a casting vote.

A resolution of the National Council is passed if it is agreed to by all Regional Delegates present without dissent, or if a majority of the votes cast on it are in favour of it.

The National Council shall ensure that minutes are kept of all proceedings at a General Meeting.

All acts done by the National Council at any General Meeting or by any person acting as a Regional Delegate are valid notwithstanding:

any defect in the appointment of any Regional Delegate or person acting as a Regional Delegate; or

that they or any of them were disqualified; or

any irregularity in a notice of a General Meeting

Except as otherwise provided by this clause 10, the National Council may regulate the procedure at any General Meeting.

11.1.

11.2.

Every notice to be given to Petanque NZ or an Officer under this Constitution shall be posted or delivered to the registered office of Petanque NZ.

Every notice to be given to any Member or Affiliated Club under this Constitution shall be posted or delivered to the address of the Member or Affiliated Club as recorded in the Membership Register.

13.1.

13.2.

Petanque NZ shall maintain an anti-doping policy which is consistent with the requirements of Sports and Recreation New Zealand and which recognises the procedures and requirements of the New Zealand Sports Drug Agency.

Petanque NZ ‘s anti-doping policy, disciplinary and appeal procedures will be contained in bylaws made under Rule 12.