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New Zealand
Petanque Association Incorporated
(Incorporated at
Auckland on 1 June 1994 under Number AK620810)
1. Name
The organisation shall be called
the “New Zealand Petanque Association
Incorporated” commonly referred to as Petanque
New Zealand (hereinafter Petanque NZ).
2.
Interpretation
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2.1. In
this Constitution and in any by-laws
or regulations made hereunder,
unless the context otherwise
requires:
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“Act” means the Incorporated
Societies Act 1908;
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“Affiliated Club” means each
club that is an Affiliated Club
under clause 5.1;
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“AGM” means the Annual General
Meeting to be held each year
under clause 12.1;
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“Area” means a geographical area
of New Zealand as defined in
by-laws made pursuant to clause
10;
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“Area Representative” means a
person appointed as such under
Clause 10.3;
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“Associate Member” means any
person who is an Associate
Member under clause 6.2;
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“Board” means the ruling body of
Petanque NZ as described under
clause 7;
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“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;
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“Financial Statements” means the
financial statements of Petanque
NZ within the meaning of clause
17.2;
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“Financial Year” means the
period specified under clause
17.1;
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“FIPJP” means the Federation
Internationale de Petanque et
Jeu Provencale;
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“General Meeting” means any
meeting provided for under
clause 12;
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“Honorary Member” means any
person who is an Honorary Member
under clause 6.5;
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"Life Member" means any person
who is a Life Member under
clause 6.3;
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“Members’ Register” means the
register maintained by the Board
under clause 6.6;
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“Member” means any person or
organisation who or which is an
Affiliated Club, Ordinary
Member, Associate Member, Life
Member or Honorary Member under
clause 6 and “Membership” has a
corresponding meaning;
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“Objects” means the objects of
Petanque NZ set out in clause 3;
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“Officer” means each person
appointed as an Officer of the
Board under clause 9;
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“Ordinary Member” means any
person who is an Ordinary Member
under clause 6.1;
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“President” means a person
elected as such under clause
7.3;
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“Secretary” means a person
appointed as such by the Board
under clause 9.1.
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“Special Resolution” means a
resolution passed by 75 percent
or more of the votes of members
entitled to vote and voting on
the resolution;
2.2.
All headings in this Constitution
are inserted for convenience only
and shall not affect the
interpretation of this Constitution.
2.3. In
the event of any dispute or
disagreement about the meaning or
interpretation of this Constitution,
the matter shall be resolved by the
Board, whose decision shall be final
and binding.
2.4.
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.
2.5.
Any statute, statutory regulations
or any other statutory instrument
include the statute, statutory
regulations or instrument as
amended, re-enacted or substituted.
2.6.
The words “written” and “writing”
include facsimile communications and
any other means of communication
resulting in permanent visible
reproduction.
2.7.
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.
2.8.
The singular includes the plural and
vice versa and one gender includes
the other genders. |
3.
Objects
The objects of
Petanque NZ are to:
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3.1.
Promote and foster the development,
playing and knowledge of the amateur
game of petanque in New Zealand.
3.2.
Represent Petanque NZ and its
members at the FIPJP and other
international meetings.
3.3.
Constitute an authoritative body for
the final determination in New
Zealand of all questions and matters
that may arise in the playing 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.
Powers
Subject to this
Constitution Petanque NZ shall have the power
to:
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4.1.
Promote Petanque NZ and its
activities;
4.2.
Organise, control, approve, and
assist in the organisation of
petanque competitions in New
Zealand;
4.3.
Develop, organise, deliver and
participate in programmes of
education and training In relation
to the game of petanque;
4.4.
Select and manage New Zealand
representative teams of petanque
players;
4.5.
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;
4.6.
Establish and implement disciplinary
procedures in relation to and impose
sanctions and penalties on Members;
4.7.
Establish tribunals, conduct
hearings, and hear appeals on
matters relating to Members;
4.8.
Develop and adopt drug testing and
other associated policies and
associated disciplinary procedures;
4.9.
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;
4.10.
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;
4.11.
Raise funds by way of subscriptions,
levies, donations, sponsorship or
any other legal means;
4.12.
Incur liabilities;
4.13.
Apply funds to purposes in
accordance with the Objects;
4.14.
Enter into and/or terminate
contracts with Members, sponsors,
media and any other persons,
agencies and organisations;
4.15.
Delegate duties, co-opt or appoint
sub-committees or individuals;
4.16.
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;
4.17.
Join, subscribe to, affiliate with
and co-operate with kindred or other
organisations;
4.18.
Do all such other things as are
incidental or conducive to the
attainment of the Objects. |
5.
Affiliated Clubs
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5.1.
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
12.2(e), and are accepted by the
Board as Affiliated Clubs.
5.2.
The Board shall determine the Area,
if any, to which each Affiliated
Club shall be assigned. |
6.
Membership
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6.1.1. Subject to
clause 6.9, the Ordinary Members are
those persons who are members of any
Affiliated Club, pay such fees as
may be determined in accordance with
clause 12.2(e), and are accepted as
Ordinary Members by the Board.
6.1.2. Each
Ordinary Member has the right to:
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receive
notice of and attend any General
Meeting but not to vote; and
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stand for
election as a Board member, or
serve as an Officer or serve in
a co-opted role.
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6.2.1.
Subject to clause 6.9, Associate
Members will be each person or
organisation who or which applies
for Associate Membership in such
form as the Board may determine and
is accepted as an Associate Member
on such terms and conditions as from
time to time determined by the
Board.
6.2.2.
Each Associate Member has the right
to receive notice of and attend any
General Meeting as an observer, but
has no voting rights. |
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6.3.1.
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.
6.3.2.
Election as a Life Member shall be
at the discretion of the Board,
subject to any direction by the
Board.
6.3.3.
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 6.7. |
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6.4.1.
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.
6.4.2.
Election as an Honorary Member shall
be at the discretion of the Board,
subject to any direction by the
Board.
6.4.3.
Each Honorary Member has the right
to receive notice of and attend any
General Meeting as an observer, but
has no voting rights. |
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6.5.
Members who are not individuals |
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6.5.1.
A Member which is not an individual
shall nominate a person to act as
its representative, and that person
shall have the right to:
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receive all notices and
correspondence;
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attend meetings; and
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exercise all rights of
Membership on behalf of the body
corporate.
6.5.2.
The appointment of a representative
under Rule 6.5.1 shall be in writing
addressed to the Board and may be
revoked by the Member or by the
representative in writing at any
time. |
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6.6.1. The Board
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.
6.6.2. Every
person and
organisation who or which is a
Member under clause 6.1 to 6.5 shall
be entitled to have their name and
address entered into the Members’
Register.
6.6.3. The name
of each Member whose Membership
ceases under clause 6.8 or 6.9 shall
be removed from the Members’
Register.
6.6.4.
Entry into the Register of
Membership under clauses 6.6.1. to
6.6.3. or of cessation of Membership
pursuant to clause 6.8. to 6.9. or
any other matter required to be
recorded in it by an Board Member or
any other person authorised by the
Board is to be conclusive evidence
of that matter, with effect from the
date of entry. |
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6.7.1. 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 12.2(e).
6.7.2. The
Membership fees shall be paid at
such time and in such manner as the
Board from time to time determines.
6.7.3. Any
Ordinary Member or Associate Member
who has not, within three months of
a date determined under clause
6.7.2, paid in full the Membership
fees due from that Member under this
clause 6.7, shall cease to be an
Ordinary Member or an Associate
Member (as the case may be).
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6.8. Resignation of Membership
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6.8.1. 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.
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6.9. Suspension or termination of
Membership
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6.9.1. The Board
may suspend or terminate the
Membership of a Member if the
Member:
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fails
to comply with any provision of this
Constitution;
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wilfully or recklessly damages or
illegally takes any property of
Petanque NZ;
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acts
in a manner determined by the Board
(following a full and fair
investigation and hearing by the
Board) to be injurious or
prejudicial to the character or
interests of Petanque NZ or the game
of petanque;
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being
an associate member, ceases to
satisfy the criteria for Membership
under Rule 6.2.1; or
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dies.
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6.10. Appeal
against suspension or termination of
Membership
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6.10.1. A Member whose
Membership has been suspended or
terminated under clause 6.9 may,
within one month of receiving
written notification thereof, lodge
with the Secretary written notice of
intention to appeal against the
decision of the Board.
6.10.2. Within 14 days of
receipt of notification of intention
to appeal under clause 6.10.1, the
Secretary shall request the Board 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.
6.10.3. The appeal shall
be determined, in closed session, by
the majority vote of the Tribunal
members present at such meeting.
6.10.4. The appellant
must be notified of the
determination of the appeal under
clause 6.10.3 within 7 days of that
determination.
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7.
Board
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Subject
to this Constitution, the Board
shall be responsible for the
management of the property and
affairs of Petanque NZ, 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 |
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7.2. Membership
of the Board |
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7.2.1.
The Board of Petanque NZ shall
comprise the following:
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President
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Vice President
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3
other members
7.2.2.
Board members must be Financial
Members
7.2.3.
Board members shall be elected by
the AGM under Rule 7.3 (Election of
the Board). |
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7.3.
Election of the Board |
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7.3.1.
Members of the Board shall be
elected as follows: |
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7.3.1.1. Nominations for Board
members may be made by any Financial
Member and shall be in the approved
form and received at the registered
office of Petanque NZ not less than
6 weeks before the date set for the
AGM.
7.3.1.2. The Board members shall be
elected by a majority of members
entitled to vote at an AGM.
7.3.1.3. The Secretary shall forward
a list of nominations to all
Affiliated Clubs not less than one
month before the date set for the
AGM. |
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7.4.
Term of Office of Board Members |
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7.4.1.
Subject to clause 7.4.2 and 7.4.4,
Board members shall be elected for
and serve a two-year term, such term
expiring on conclusion of the
relevant AGM. Any Board member
shall be eligible for re-election at
the end of their term.
7.4.2.
Two Board Members shall retire in
rotation each year to ensure
continuity of some Board Members on
the Board. At the 2010 AGM, the
President and Vice-President shall
not retire. The two of the three
other Board members to retire shall
be determined by lot. In the
following year, the third Board
member and either the President or
Vice President shall retire, the
latter to be decided by lot. In each
succeeding year the members to
retire shall be those who have been
longest in office.
7.4.3.
A Board member shall cease to hold
office as a Board member if the
Board member:
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resigns from office by notice in
writing to Petanque NZ;
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completes his or her term of
office;
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refuses to act;
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fails to attend three
consecutive General Meetings
without leave of absence or
apology and the other Board
members so decide;
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ceases to be a Financial Member;
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is
convicted of an indictable
offence;
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dies, or becomes mentally or
physically incapacitated to the
extent that in the opinion of
the other Board members, he or
she is unable to perform the
duties of a Board member
properly.
7.4.4.
In the event of a Board member not
completing their term, the other
Board members may appoint a
replacement. Such replacement will
hold office until the next AGM. |
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7.5.
Board Meetings and Duties of Board
Members |
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7.5.1.
The duty of each Board member is to
pursue the objects of Petanque NZ
and to exercise the powers of
Petanque NZ for fulfilment of the
objects and in so doing a Board
Member must:
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Regularly attend Board meetings
and General Meetings of Petanque
NZ:
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Provide good governance for
Petanque NZ;
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Regularly monitor and review the
performance for Petanque NZ;
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Act
in the best interests of
Petanque NZ at all times;
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Formulate such by-laws,
regulations, policies and
procedures as are appropriate
for Petanque NZ;
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Where appropriate, engage in
activities to promote, market,
represent and fundraise for
Petanque NZ;
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Do
such other things within these
rules as the Board agrees to
promote the objects of Petanque
NZ.
7.5.2.
The Board shall meet at least three
times in each Financial Year.
7.5.3.
A meeting of the Board may be held
by a number of Board members who
comprise a quorum, being assembled
either:
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together at the place, date and
time appointed for such meeting;
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by
means of audio, or audio and
visual communication by which
all the members participating
and constituting a quorum can
simultaneously hear each other
throughout the meeting;
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by
means of electronic
communication, in such manner as
the Board may determine.
7.5.4.
The President or three Board members
may convene a meeting of the Board.
At least 14 days’ notice of a
meeting of the Board (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 Board member and Area
Representative.
7.5.5.
An irregularity in a notice of
meeting of the Board is waived if
all the Board members entitled to
receive notice of the meeting attend
or participate in the meeting
without protest as to irregularity,
or if all Board members entitled to
receive notice of the meeting agree
to the waiver.
7.5.6.
The quorum for a meeting of the
Board is three Members.
7.5.7.
The Board may act notwithstanding
any vacancy in their body.
7.5.8.
The President will be the
chairperson of the Board. If at any
meeting the chairperson is not
present within five minutes after
the time appointed for the
commencement of the meeting, the
other Board members present may
appoint one of their number to act
as chairperson of that meeting.
7.5.9.
Each Board Member is to have one
vote. In the case of an equality of
votes, the chairperson may exercise
a casting vote. A resolution of the
Board is passed if it is agreed to
without dissent by all Board Members
present, or if a majority of the
votes cast on it are in favour of
it. A Board Member present at a
meeting of the Board is presumed to
have agreed to, and have voted in
favour of, a resolution of the Board
unless that Board Member expressly
dissents or expressly abstains from
voting on, or voting against, the
resolution.
7.5.10.
A resolution in writing, signed or
assented to by all Board Members
entitled to receive notice of a
meeting of the Board is as valid and
effective as if it had been passed
at a meeting of the Board 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
Board Members. A copy of any such
resolution must be entered in or
kept with the records of the Board’s
proceedings.
7.5.11.
The Board shall ensure that minutes
are kept of all proceedings at
meetings of the Board.
7.5.12. All acts done by any meeting
of the Board or by any person acting
as a Board member are valid
notwithstanding:
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any
defect in the appointment of any
Board Member or person acting as
a Board Member;
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that any Board Member was
disqualified;
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any
irregularity in a notice of
meeting.
7.5.13.
Except as set out in this clause 7,
the Board may regulate its own
procedure. |
8.
Disciplinary Powers of the Board
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8.1.
Without limiting the powers of the
Board under clause 6.9.1, where a
Member has been judged by the Board
to have satisfied any of the grounds
set out in Rule 6.9.1, the Board
may:
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reprimand, in writing, the
Member concerned;
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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;
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prohibit the Member concerned
from participating in any or all
Petanque NZ controlled or open
tournaments for any period not
exceeding twelve months.
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9.
Officers
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9.1.
The following Officers shall be
appointed by the Board
9.2.
Subject to clause 9.6, the Board 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 Board may determine.
9.3.
Except as otherwise provided in this
Constitution, each Officer shall
have such powers and will perform
such duties as the Board may from
time to time delegate to them.
9.4.
Officers shall attend all Board
meetings.
9.5.
Officers shall attend any General
Meeting and be eligible to make
and/or speak to resolutions, but may
not vote unless the Officer is an
authorised Club representative.
9.6.
Vacation of office |
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An
Officer shall cease to hold office
as an Officer if the Officer:
9.6.1.
becomes bankrupt or makes an
arrangement or compromise with his
or her creditors generally;
9.6.2.
resigns from office by notice in
writing to the Board ;
9.6.3.
completes his or her term of office;
9.6.4.
refuses to act;
9.6.5.
fails to attend two consecutive
meetings of the Board without leave
of absence or apology and the Board
so decides;
9.6.6.
is convicted of an indictable
offence;
9.6.7.
dies or becomes physically or
mentally incapacitated to the extent
that in the opinion of the Board or
the unanimous opinion of the other
Officers, he or she is unable to
perform the respective duties of
that Officer properly. |
10.
Areas and Ares Representatives
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10.1.
Petanque NZ may from time to time
designate areas as being
representative petanque communities
of interest.
10.2.
Petanque NZ may recognise regional
petanque associations as
representing the area to which they
apply.
10.3.
The Affiliated Clubs within each
designated Area may appoint a
Representative (who shall be a
person who satisfies the
requirements of clause 10.4).
10.4. A
person designated as Area
Representative must be a financial
member of an Affiliated Club.
10.5.
The Area is to advise the Secretary
of the name of the Representative
within seven days of the date of
their appointment.
10.6.
Area Representatives have the right
to attend and speak at Board
meetings, but not to vote. |
11.
Chief Executive
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11.1.
The Board may appoint a Chief
Executive of Petanque NZ for such
term and on such conditions as the
Board may determine.
11.2.
If so appointed, the Chief Executive
shall be under the direction of the
Board and shall be responsible for
the day-to-day management of the
affairs of Petanque NZ in accordance
with the Rules, regulations,
by-laws, policies and procedures of
Petanque NZ and within such
constraints as may be imposed by the
Board.
11.3.
The Chief Executive may attend Board
meetings as and when required by the
Board but will have no voting
rights. |
12. Meetings of Petanque New Zealand
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12.1.
Annual General Meetings
An
annual general meeting of Petanque
NZ shall be held no later than 4
months after the end of each
Financial Year
12.2.
Business of an Annual General
Meeting (AGM)
The
business to be transacted at every
AGM shall include:
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approval of the minutes of the
previous AGM;
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the
receiving of a report from the
Board in respect of the
preceding Financial Year and the
Financial Statements for the
preceding Financial Year;
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the
election of Board members for
the ensuing year;
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the
approval of Membership fees;
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decisions on notices of motions
and remits.
12.3.
Special General Meetings |
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12.3.1. All meetings of
Petanque NZ other than AGMs are
Special General Meetings.
A Special
General Meeting:
-
may be called by the
Board at any time; and
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is to be called by the
Board if requested in writing by
such Members as are entitled
to one-third of the voting rights in
Petanque NZ as determined under
clause 12.6.2. Any such request shall state the
purpose of the meeting proposed to
be called and
shall be addressed to the Secretary.
12.3.2. A Special General
Meeting requested under clause
12.3.1(b) shall be held within 60
days of receipt of the request by the
Secretary. |
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12.4.
Notice of General Meetings |
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12.4.1.
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 Board member.
12.4.2.
The manner by which notice shall be
given under clause 12.4.1 shall be
determined by the Board from time to
time.
12.4.3.
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.
12.4.4.
An irregularity in a notice of a
General Meeting is waived if all
Club representatives attending the
meeting do so without protest as to
the irregularity, or if all Club
representatives 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. |
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12.5.
Quorum for General Meetings |
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12.5.1.
The quorum for a General Meeting
necessary for the transaction of
business is the presence of those
persons who are entitled to exercise
half of the voting rights in
Petanque NZ as determined under
clause 12.6.2.
12.5.2.
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. |
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12.6.
Voting at General Meetings |
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12.6.1.
The voting at General Meetings shall
be by poll of Affiliated Clubs.
12.6.2.
Each Club shall have one vote for
the first 25 Ordinary Members and
Life Members belonging to it (or
part thereof) and one vote for each
additional 25 such Members (or part
thereof). The applicable date for
the membership count is as at the
end of the financial year prior to
the General Meeting.
12.6.3.
Board members attending any General
Meeting are eligible to make and/or
speak to resolutions, but may not
vote unless the Board member is an
authorised Club representative.
12.6.4.
Votes for the election of Board
members may be cast in person,
electronically, or by post.
12.6.5.
Except in respect of the election of
Board members, a Club representative
may cast a vote on behalf of another
Club, providing that they have the
written authority of the Club in
question do so and this authority
has been lodged with the Secretary
before the start of the meeting.
12.6.6.
In the case of electronic or postal
votes, votes must be received by the
Secretary no later than 5pm on the
day prior to the General Meeting.
12.6.7.
Electronic votes must be sent from
the email address of the Secretary
of the Affiliated Club, and copied
to one other authorised Club person
as previously notified to the
Secretary.
12.6.8.
Postal votes must be signed by two
authorised signatories of the
Affiliated Club.
12.6.9.
In the case of an equality of votes,
the chairperson may exercise a
casting vote. Except that in respect
of the election of Board members, in
the event of a tie, the Chairman
shall not exercise a casting vote
but the result of the election shall
be decided by lot.
12.6.10. A resolution is passed if a
majority of the votes cast on it are
in favour of it. |
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12.7.
Proceedings of General Meetings |
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12.7.1.
At every General Meeting, the
chairperson shall be the President,
or, in the President’s absence, such
other person as the Board members
present at the meeting shall
appoint.
12.7.2.
The Board shall ensure that minutes
are kept of all proceedings at a
General Meeting. |
13. Notices
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13.1. 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.
13.2 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. |
14. By-Laws
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Subject to this Constitution, the
Board may make,
amend or repeal by-laws and regulations not
inconsistent with this Constitution, for the
internal management of Petanque NZ.
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15. Anti-Doping Policy
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15.1. 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.
15.2. Petanque NZ ‘s
anti-doping policy, disciplinary and
appeal procedures will be contained
in bylaws made under Rule 14. |
16. Alteration of the Constitution
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16.1. Subject to clause
16.3, this Constitution may be
amended or rescinded or added to
from time to time by Special
Resolution at an AGM or at a General
Meeting convened for the purpose.
16.2. Notice of a
resolution proposed to be passed
under clause 16.1 shall be
circulated to all Members not less
than 30 days before the meeting at
which the resolution will be
proposed.
16.3. Provided that no
addition to or alteration of the
rules shall be permitted if it
affects the amateur sports promotion
objects, pecuniary gain clause or
the dissolution clause without the
approval of the Inland Revenue. The
provisions and effects of this
clause shall not be removed from
this document and shall be included
and implied into any document
replacing this document. |
17. Finances
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17.1. Financial Year
The financial year of
Petanque NZ shall commence on the
first day of January in each year,
or such other date as fixed by the
Board from time to time.
17.2. The Board must cause accounting
records to be kept that:
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17.2.1. correctly record and
explain the transactions of Petanque
NZ;
17.2.2. will, at any time,
enable the financial position of
Petanque NZ to be determined with
reasonable accuracy;
17.2.3. will enable
the Board to ensure that the
Financial Statements comply with the
Financial Reporting Act 1993, as if
Petanque NZ were a “reporting
entity” for the purposes of that
Act;
17.2.4. will enable the
Financial Statements to be readily
and properly audited; and
17.2.5. must be kept in
written form and in English.
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17.3. Accounts
As soon as
practicable after the end of each
Financial Year the Treasurer shall
cause financial statements to be
prepared, detailing the income and
expenditure of Petanque NZ for the
previous Financial Year, a balance
sheet of the assets and liabilities
of Petanque NZ and a list detailing
all of the property of Petanque NZ
and its location.
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17.4.1. An auditor shall be
appointed by the Board to audit the Financial
Statements of Petanque NZ.
17.4.2. The auditor shall be
a member of the Institute of
Chartered Accountants and shall not
be a Board member or Officer. |
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17.5.
Receipts and disbursements
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17.5.1 All monies received
by Petanque NZ shall be handed
forthwith to the Treasurer, or such
other person as authorised from time
to time by the Executive, for
deposit into Petanque NZ’s account
with its bankers.
17.5.2. Cheques or orders
drawn on its bankers shall be signed
by two of the Officers or Board
Members as the Board shall
from time to time direct. Other
payments or withdrawals from its
accounts shall be authorised by two
of the Officers or Board Members as
the Board shall from time to
time direct.
17.5.3. Subject to clause
17.7, the Board may pay, in whole or
in part, the actual and reasonable
costs incurred by Members in respect
of any Petanque NZ business,
provided that the Member’s
undertaking of that business was
approved or deemed necessary by the
Board.
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17.6. Investments
The surplus funds of
Petanque NZ may from time to time be
invested by the Executive in such
manner and upon such securities as
may be approved by the Board. All
such investments shall be made in
the name of Petanque NZ or in the
name or names of a trustee or
trustees for Petanque NZ appointed
by the Board.
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17.7.
Pecuniary Advantage
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17.7.1. No Member shall
derive any pecuniary advantage from
any of Petanque NZ’s properties or
activities. For the purposes of this
Rule “pecuniary advantage” does not
include the winning of prizes or
trophies.
17.7.2. The provisions and
effect of this clause 17.7 shall not
be removed from this document and
shall be included and implied into
any document replacing this
document. |
18. Common Seal
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18.1. Petanque NZ
shall adopt a Common Seal and such
Seal shall be kept in the custody of
the Secretary or such other Office
holder as determined by the Board.
18.2. The Common Seal must
not be affixed to any document or
instrument except as authorised by a
resolution of the Board, in the
presence of the President or vice
President and one other
Officer. |
19. Dissolution / Winding Up
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Petanque NZ may be wound up in
accordance with the Incorporated Societies Act
1908. Any surplus assets remaining after the
payment of all costs and liabilities shall be
applied as the members may decide, but subject
always to the objects of Petanque NZ.
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Petanque New
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