CONSTITUTION OF AKARANA CARAVAN CLUB INCORPORATED
The name of the club shall be AKARANA CARAVAN CLUB INCORPORATED.
In these rules, unless the context otherwise requires -
(a) "The club" or “The Society” shall mean Akarana Caravan Club Incorporated.
(b) "Caravan" shall mean any motorised or towed vehicle fitted with living accommodation.
(c) "The Committee" shall mean the executive committee appointed in accordance with rule 12.
(d) "Secretary" shall mean the secretary appointed in accordance with rule 11.
(e) "Treasurer" shall mean the treasurer appointed in accordance with rule 11.
(f) "President" shall mean the president of the club appointed in accordance with rule 11.
(g) “Vice President” shall mean the vice president of the Club in accordance with rule 11.
(h) "Members" shall mean those members of The Akarana Caravan Club Incorporated who are entitled to vote at general meetings in accordance with rule 18.
(i) Where "In Writing" appears, this may be either by letter or email.
(j) “Address” shall mean usual postal and email address
(k) “The Act” means the Incorporated Societies Act 2022
The Club is established for the purpose of promoting caravanning and social and recreational activities for its members.
The Club does not have the purpose of making a profit for the proprietor, member, or shareholder. The distribution of property in any form to a member, proprietor, or shareholder is prohibited; and has a constitution that prohibits a distribution of property in any form to a member, proprietor or shareholder
For the purposes of attaining its objects, the Club shall have the power to take such action as the members in general meeting may decide, provided that such action is lawful and within the bounds of these rules.
(a) Any adult person of good repute and having an interest in caravanning shall be eligible to apply for membership of the Club.
(b) Classes of membership -
i) Caravanning members shall be those members who have the use of a caravan or tent and who attend such minimum number of rallies in a calendar year as the members in general meeting may decide.
ii) Associate members shall be those members who, although interested in caravanning, do not fulfil the requirements of (i) above; provided that associate members may attend one rally per year and, by invitation, such special rallies as the committee may decide.
iii) Honorary Members shall be persons who are not members of the club but who, having rendered notable service to the club, have been elected to honorary membership by the members in general meeting. Such honorary membership is to be for whatever period of time the members may decide.
iv) Life Members shall be members who, having rendered notable service to the club, have been elected to Life Membership after the following process has been completed;
(1) Nominations may be made by any financial member of the Club, must be seconded by another member and shall be forwarded to the Committee.
(2) The Committee shall, after due consideration, either recommend such a nomination to the members or reject it. The Committee shall not be required to give reasons for rejecting any such nomination.
(3) If the Committee resolves to recommend the nomination, a motion to confirm the recommendation shall be put to Members who will be invited to vote electronically.
(4) Prospective Life Members will not be advised of their nomination and will not be invited to participate in the voting process.
(5) The motion will be carried if two thirds of those eligible to vote and voting, vote in favour.
(6) Life members shall not be required to pay an annual subscription but shall be regarded as financial members and shall have the same voting rights as caravanning members.
(c) The club may, by resolution at a general meeting, limit the number of persons who may be caravanning members of the Club.
(a) Persons wishing to become members of the Club shall apply to the secretary in writing giving such particulars as the Secretary may require.
(b) All applications for membership shall be either supported in writing by two sponsors who shall be Members from separate caravans or tents and who have personal knowledge of the applicants and can vouch for their suitability for membership, or where applicants for membership are not personally known to any Members the committee members themselves shall take particular care to ensure that the applicants are suitable for membership.
(c) The lodging of a membership application signed by the applicant shall be taken to mean that the applicant has given their permission to become a member.
(d) The Secretary shall place the applications before the Committee at its next meeting and the Committee shall by a majority vote of at least two-thirds of its members present and voting decide whether the application be:
i) Approved, or
ii) Deferred for such time as the committee may decide, or
iii) Rejected.
(e) The Committee shall not be required to give reasons for declining to approve any application for membership.
(f) The Secretary shall not accept any application for membership until the prospective member concerned has attended by invitation of a Member, such number of rallies as the Members in general meeting shall decide.
(a) By resignation.
i) Any Member of whatever class of membership may resign from the club by letter to that effect addressed to the Secretary and by paying all subscriptions owing at the date of such letter of resignation.
ii) A financial member who resigns from the Club shall be deemed to have resigned as at the end of the financial year for statistical and voting purposes, unless they request otherwise.
(b) By non-payment of subscription.
i) Any Member whose annual subscription is still in arrears twenty-eight days after the annual general meeting may be deemed to have forfeited membership and by resolution of the Committee shall be so advised in writing by the Secretary. (But see rule 9(b)).
(c) By expulsion.
i) The Committee shall have the power to call on any member for an explanation of any charge of misconduct made in writing against the member by a member or members and if in the opinion of the Committee the charge or charges are proven the Committee may expel or suspend that Member from membership for such period of time as the Committee considers justified.
ii) Any Member so expelled or suspended shall have a right of appeal to a tribunal
comprising two Members appointed by the appellant and two Members appointed by the committee who shall in turn appoint a fifth Member to be chairman, and failing such an appointment the Committee shall appoint a chairman and the tribunal so appointed shall hear the appeal.
iii) Notice of intention to appeal shall be given in writing to the Secretary within twenty-eight days of the notice of expulsion or suspension having been sent to the Member expelled or suspended.
iv) The tribunal may dismiss or allow the appeal or may vary the decision of the Committee as it sees fit, including the imposition of a shorter or longer period of suspension than that imposed by the Committee.
v) The decision of the tribunal shall be final and the tribunal shall not be required to give reasons therefor.
(a) The Club shall have the power to levy Members for such fees and subscriptions as may be decided by the Members in general meeting.
(b) The Committee shall have the power to waive in whole or in part, subscriptions or arrears thereof due from any Member or class of members and any such member or class of members shall thereupon be deemed to be financial members for the purposes of rule 13.
Every Member shall advise the Secretary in writing of any change in the Member's address and all notices posted to the last notified address shall be valid and deemed to have been given on the day following the day of posting.
(a) The Officers of the club shall comprise a President, one Vice-president, a Secretary and a Treasurer, all of whom shall be elected in accordance with rule 13.
(b) If one or more of the Officer positions is unable to be elected at the AGM or if a vacancy occurs for one of the Officer positions during the term of office, the Committee shall have power to fill such vacancies for the term of office or for the duration of the unexpired term of office either from within the Committee or by co-opting such Members of the club as it considers suitable for the purpose.
(c) Officers must act in good faith and in what the Officer believes to be the best interests of the Society and must exercise their power for proper purposes.
(a) The management and control of the Club, except those matters which are required by these rules to be dealt with by the Members in general meeting, shall be vested in an executive committee comprising
i) The President who shall be chairman,
ii) The Vice-President,
iii) The Secretary,
iv) The Treasurer,
(b) The immediate Past-President for a term of one year only. One Member (not being an "Officer" appointed in accordance with rule 11 or the immediate Past-President) for every twenty Members or part thereof, with a maximum of six, and elected in accordance with rule 13.The Committee may appoint sub-committees for particular purposes connected with the business of the Club..
(c) Any member of the Committee shall vacate office if that Member -
i) Resigns office in writing addressed to the Secretary, or
ii) Ceases to be a Member of the Club, or
iii) Is absent from three consecutive Committee meetings without satisfactory reason, or
iv) Is removed from office under rule 12(d).
(d) All or any of the Members of the Committee may be removed from office by a resolution of at least two-thirds of the Members personally present and voting at a general meeting called for that purpose.
(e) If vacancies occur in its membership or, if insufficient nominations are received for election of Committee members at the AGM in accordance with rule 12 (a), the Committee shall have power to fill such vacancies for the term of office or for the duration of the unexpired term of office by co-opting such Members of the Club as it considers suitable for the purpose.
(a) All candidates for election as Officers and to the executive committee shall be financial members of the Club at the time of nomination and shall not be Associate Members or Honorary Members.
(b) Nomination for Officer of the Club or member of the executive committee shall be made either in writing to the Secretary not later than 24 hours prior to the annual general meeting, or by motion at that meeting.
(c) Every nomination for office shall be made by a minimum of two financial members and must be consented to by the nominee.
(d) The Secretary or other Committee member as the Committee shall decide shall keep an up-to-date register of Members of the club showing their names, addresses and the dates on which they became Members. In addition to the foregoing particulars the register shall indicate those Members who are financial members and those whose subscriptions are in arrears and the register shall be the only authority in deciding which Members are eligible to vote at meetings of the Club.
(e) Election of officers of the club and members to the executive committee shall be by secret ballot at “in-person” meetings or by such means as the meeting shall decide at on-line or virtual meetings.
(f) The term of office shall be for one year and each Officer and Member of the executive committee shall be eligible for re- election.
(g) The Treasurer shall be the “contact person” for the Society
(a) Annual general meeting
i) The annual general meeting of the Club shall be held not later than 31st July in each year at such time and place as the Committee shall decide.
ii) Not less than twenty-one days’ notice of such meeting, stating the nature of the business to be brought before the meeting, including any notices of motion, shall be given to members either personally, by post or email.
iii) The following information is to be presented at an annual general meeting:
(1) Annual report on the operation and affairs of the Club during the most recently completed financial year.
(2) Financial statements of the club for that period.
(3) Notices of disclosures or types of disclosures made under section 63 of the Act during that period
iv) General meetings may optionally be held either in-person or by virtual means using a readily-available, on-line video or audio conferencing computer application.
(b) Special general meetings.
i) All general meetings other than annual general meetings shall be special general meetings.
ii) The Committee may, whenever it thinks fit, and shall upon receipt of a requisition in writing signed by at least fifteen Members, convene a special general meeting.
iii) Any such requisition shall specify the objects of the requisitioned meeting and shall be lodged with the Secretary.
iv) At least seven days' notice of a special general meeting shall be given to Members either personally by post or email, and such notice shall state the place, date and time of the meeting and the nature of the business to be transacted including any notices of motion.
v) A special general meeting convened in response to a requisition may transact only the business specified in the requisition.
vi) If, after fourteen days have elapsed since receipt of a requisition for a special general meeting the Committee has failed to convene such a meeting the Members making
the requisition, or a majority of them, may themselves convene a meeting subject to compliance with rules 14(b)(iii), (iv) and (v) and 14 (c).
(c) Committee meetings.
i) The Committee shall meet (subject to rule 14(c)(ii) at least once each calendar month at such place and time as the Committee shall decide.
ii) The role of the Committee is to;
(1) administer, manage and control the Society ensuring compliance with the laws and regulations of NZ and with the rules and by-laws of the Club;
(2) carry out the purposes of the Society and use money or other assets to do that;
(3) manage the Society’s financial affairs;
(4) delegate responsibility and co-opt Members where necessary;
(5) ensure that all Members follow the rules;
(6) adjudicate as required in relation to the complaints process and in terms of disciplinary matters;
(7) decide on all membership matters;
(8) recommend membership fees to AGM;
(9) set and maintain the by-laws;
(10) decide on the time, date and Agenda of general meetings.
iii) If in the opinion of the Officers of the Club there is not sufficient business to justify a meeting of the Committee in any one month the meeting may be postponed for not longer than the following month.
iv) The chairman or any three members of the Committee may at any time convene a meeting of the Committee upon giving three days’ notice to the members of the Committee.
(d) A resolution may be passed in lieu of a meeting in accordance with section 89 of the Act. Such a resolution must be circulated to all Members who are entitled to vote. Members may record their vote by signing the resolution and returning it to the Secretary or by electronic means. The resolution is passed if two-thirds of the Members entitled to vote and voting record their approval.
The conduct of meetings of the Club shall be in conformity with the first schedule annexed to these rules.
The chairman of any meeting of the Club may with the consent of that meeting, adjourn the meeting from time to time and from place to place but no business shall be transacted at the adjourned meeting other than that left unfinished at the meeting from which the adjournment took place.
(a) The quorum for any general meeting shall be two-fifths of the membership entitled to vote at such meetings or twenty such Members, whichever is the lesser number.
(b) The quorum for any meeting of the Committee shall be five.
(c) No business shall be transacted at any meeting unless a quorum of Members is present.
(d) If within fifteen minutes from the time appointed for any meeting a quorum is not present the meeting shall stand adjourned to such later date and time as shall be decided by a majority of the Members present and the Members present at the adjourned meeting and entitled to vote may transact the business for which the original meeting was called as if they constituted a quorum.
(a) Associate Members and Honorary Members shall have the right to speak but shall not have the right to vote at general meetings.
(b) At any meeting of the Club every financial member present and any member whose current subscription has been waived under rule 8 shall be entitled to record one vote upon every motion put to the meeting, provided however, that should an equal number of votes be cast for and against a motion at a general meeting or at a meeting of the
Committee the chairman shall exercise a second or casting vote.
(c) A Member who has advised their intent to resign shall not be entitled to vote at any general meeting held after their resignation takes effect.
(d) Members who have not advised their resignation and have not yet paid their membership fees for the new financial year, will be deemed to be financial members until the expiry of 28 days after the date of the Annual General Meeting.
(e) Every motion submitted to any meeting shall in the first instance be decided on the voices and a declaration by the chairperson that a motion has been carried or lost, and an entry to that effect in the minute book of the club shall be conclusive evidence of the fact, provided however that any Member present and entitled to vote may demand a show of hands and shall declare the motion carried or lost in accordance with the votes indicated by the show of hands.
(f) Votes at any meeting of the Club or Committee shall be given personally and not by proxy.
(a) The Committee shall cause accurate records to be kept of;
i. the appointment of Officers and Committee members of the club, and
ii. the names of members of the Committee present, and the business transacted at every meeting of the Committee and
iii. the names of Members present at, and the resolutions and proceedings of general meetings of the Club.
(a) A dispute or complaint as defined in section 38 of the Act may be raised by a Member or an Officer of the Club.
(b) The matter may initially be raised informally with an officer of the Club. The Officer may then attempt to resolve the matter informally to the satisfaction of the complainant and any other party directly involved.
(c) Matters that are unable to be resolved in this manner should then be formalized and the complainant requested to submit written details of the matter to the Secretary for consideration by the Officers of the Club who shall comprise the complaints committee.
(d) The Secretary will respond within 5 working days to acknowledge receipt of the complaint.
(e) The complaints committee shall invite all relevant parties to respond to, or confirm any allegations that have been made and shall make such other investigations as are necessary.
(f) The complaints committee shall develop a proposed resolution of the complaint giving consideration to possible disciplinary action that may be justified.
(g) Disciplinary action may not be necessary when the complaint is of a minor nature, when the action that led to the complaint was an unwitting action on the part of the complainee or where the complainant has expressed a request that disciplinary action is not included as part of an acceptable resolution.
(h) Where disciplinary action is not considered necessary, the complaints committee will put the proposal to the parties seeking their acceptance.
(i) The complaints committee may make amendments to the proposal based on feedback received and then finalise the matter advising the parties concerned.
(j) Where disciplinary action is thought to be justified, the matter is to be brought to a meeting of the full executive committee for further discussion and decision.
(k) The decision of the executive committee will then be advised to the parties concerned.
(l) Parties affected have the right to appeal to the Committee for reconsideration and in where a Member’s membership is terminated, that Member will have the specific right of appeal in a manner similar to that described in rule 8 (c) (ii) – (iv).
(m) The complaints committee and the executive committee, as appropriate, shall use their best endeavours to resolve the matter, consistent with the principles of natural justice, within 20 working days of receipt of the formal complaint.
(n) Any Officer or Committee member who is the subject of a complaint must be recused from participation in the complaints process other than to respond to any allegations that have been made or to invoke the appeals process.
(o) Complaints are to be handled in accordance with the principles of Natural Justice and the Privacy Act 2020.
(a) The Treasurer shall keep true accounts of all money received and expended by the Club and of matters to which such receipts and expenditure relate.
(b) The financial year of the Club shall begin on the first day of June in each year and shall end on the last day in May in the next following year.
(c) The books of account shall be kept at such place as the Committee shall decide and they shall be open to the inspection of Members at such reasonable times and places as the Committee shall decide.
(d) All money received, after being entered in the books of account of the Club as having been received shall, as soon as is practicable thereafter, be paid into a bank appointed by the Committee.
(e) All accounts shall be reported to the Committee for;
i) Confirmation of routine payments, and
ii) Authorisation of all other payments.
(f) All payments shall be made by direct credit authorised by such Members as the Committee shall authorise, provided that nothing in this rule shall apply to petty cash payments made under an imprest system approved by the Committee.
(g) Money which the Committee considers to be surplus to the immediate requirements of the club may be invested by the Committee in such manner as it sees fit. All investments shall be made in the name of the Club or in the name or names of such trustees for the Club as the Committee may appoint, having regard to the provisions of the Trustees Act 1956 and its amendments.
(h) At every annual general meeting the Treasurer shall present an annual report and a reviewed balance sheet and income and expenditure account for the financial year immediately preceding the meeting.
(i) During the week immediately following an annual general meeting the Treasurer shall, on behalf of the Club, file the returns required by section 102 of the Act.
A reviewer, who shall be a suitably qualified person and who shall not be a member of the committee shall be appointed at each annual general meeting of the Club. The retiring reviewer shall be eligible for reappointment. If the office of reviewer falls vacant during the year the Committee may appoint a reviewer. The accounts of the Club shall be reviewed at least once during a financial year.
The Club in general meeting shall have the power to -
(a) Borrow money, and
(b) Give security therefor in such manner as the members may approve, and
(c) Repay such loans.
(a) The rules of the Club are detailed in the constitution and may be altered, added to or rescinded at any general meeting of the Club subject to compliance with sections 30 and 31 of The Act, provided that;
(b) No addition to or alteration of the objects, personal benefit clause or the winding up clause shall be made which affect the not-for-profit status. The provisions and effect of this clause shall not be removed from this document and shall be included and implied into any document replacing this document.
(c) Notice of motion to alter, add to or rescind the rules shall be in writing, signed by the proposer and seconder and must be in the hands of the Secretary at least twenty-one days before the date of such meeting.
(d) The Secretary shall notify Members in accordance with rule 14.
(e) If the meeting is attended by half or more of Members entitled to vote thereat, a resolution to alter or rescind a rule or rules shall be valid if passed by a simple majority of the Members present and voting.
(f) If the general meeting is attended by fewer than half of the Members entitled to vote thereat, no resolution passed at the meeting to alter, add to or rescind the rules shall be valid unless passed by a two-thirds majority of the Members present and voting.
(a) The Committee shall have power to make, amend or repeal bylaws for the regulation of the activities of Members at Club functions.
(b) Any such bylaws must not be in conflict with, or contrary to these rules.
Gifts and bequests made to the Club shall be applied to the fulfilment of the objects of the Club unless specifically directed otherwise by the donor or testator.
(a) Any decision to wind up the affairs of the Club shall be governed by the following procedures;
i) Notice of motion of the proposed winding-up shall be given in accordance with rule 14.
ii) Any resolution for such winding-up shall be confirmed by a further general meeting held not earlier than thirty days after the date on which the resolution so to be confirmed was passed.
(b) If upon winding up or dissolution of the Club there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid or distributed among the members of the Club but shall be given or transferred to some other organisation or body with similar objects to the Club or for some other charitable purpose, within New Zealand.
(c) On completion of the procedures for winding-up the Club the Committee shall notify the Registrar of Incorporated Societies accordingly and thereupon the Club shall cease to exist.
(a) The Club shall have a registered office to which all communications shall be addressed.
(b) Notice of any change of the situation of the registered office shall be reported promptly to the Registrar of Incorporated Societies.
…. ……………………………………. President
…………………………………………. Secretary
….................................................................................... Committee
1. Members will assemble at the time and place appointed or meet virtually.
2. The President shall preside at all meetings or in that Officer's absence the Vice-President. In the absence of both of these Officers the meeting shall appoint one of its number to be chairman.
3. The Secretary shall ensure that none but financial members take part in the business of the meeting.
4. The business of a meeting as notified to Members shall be taken in the form and order in which it appears on the order paper (agenda}, provided that the meeting by its own resolution may vary such form and order.
(a) A motion moved and seconded may be withdrawn only by leave of the meeting.
(b) A motion moved and not seconded shall not be debated and shall lapse forthwith and no entry thereof shall be made in the minutes.
(c) Any substantive motion that is before a meeting shall be disposed of before a further substantive motion is moved, but the following formal motions may be moved, received and put to the meeting -
(i) For permission to withdraw a motion or amendment.
(ii) That the question be now put (the closure), provided that:
a. The chairman may refuse to accept such motion, and
b. No person who has spoken to the substantive motion under debate may move the closure of such debate, and
c. If the closure motion is carried the mover of the substantive motion under debate shall have a right of reply before the question is put.
(iii) To proceed to the next business.
(iv) To defer consideration for a stated time.
(v) To amend the motion.
(vi) To extend the speaker's time when a limit has been imposed.
(vii) That the meeting adjourn because a quorum appears to be lacking.
(d) Minutes of meetings should include;
(i) the name of the mover and seconder of any motion,
(ii) whether or not the motion was passed,
(iii) whether there were any contrary votes or abstentions, and
(iv) the names of those members who voted against the motion or who abstained from voting where those members request their names to be noted
(a) Only one amendment at a time shall be considered.
(b) Each member may move one and only one amendment but may speak to all amendments.
(c) The mover of an amendment shall have no right of reply.
(d) The mover of the original motion
(e) Shall exercise the right of reply at the end of the debate on the first amendment.
(f) May not himself move an amendment, but
(g) May speak to all amendments.
(h) Amendments shall be taken in the order in which they affect the wording of the motion.
(i) No amendment shall be allowed to those parts of a motion which have already been decided.
(j) An amendment must be relevant to the substantive motion and may not be a negation of that motion.
(a) Every Member shall obey the rulings and instructions of the chairman. In the case of disorder arising the chairman shall have power to adjourn the meeting to a time and place the chairman shall decide on. On the chair being vacated the meeting shall terminate forthwith.
(b) If any member refuses or fails to obey such rulings or instructions that member may thereupon by resolution of the meeting be held to be guilty of contempt and may be prohibited from taking further part in the meeting.
(c) The chairman may place a time limit on speeches by Members but must ensure that sufficient members are allowed to speak to a motion so that it is fairly debated without tedious repetition.
(d) Those Members taking the affirmative view of a motion shall speak first and when in the opinion of the chairman sufficient speakers have presented that view the chairman shall call upon those Members taking the negative view to speak.
(e) Before a motion is put to a meeting the chairman may require it to be put in writing.
(f) The chairman shall have the right to speak in any debate but must first leave the chair and not resume it until the motion has been disposed of.
(g) It shall be the duty of the chairman to call to order a speaker who violates any rule of debate, and it shall be the right of any Member to raise a point of order.
(h) When more than one Member rises to speak the chairman shall decide who shall be heard.
(i) The chairman may call the attention of a meeting to continued irrelevance or tedious repetition on the part of a Member and may direct such Member to discontinue the speech. No debate shall be permitted on such a matter.
(j) If a Member raises a point of order during a debate the Member speaking shall forthwith cease and shall sit down. The Member raising the point of order shall state his reason and then the chairman, without further discussion, shall rule on the matter and, subject to such ruling, the speaker shall be allowed to proceed. The chairman's ruling shall be final unless challenged from the floor by a motion or dissent, in which case the chairman shall vacate the chair and call upon a deputy to take the chair. When the mover of the motion of dissent and the chairman, in that order, have stated their cases the acting chairman shall put to the vote the motion: "That the chairman's ruling by upheld".
(k) A Member speaking to a motion shall stand, address the chair and confine his or her remarks to the question under consideration, avoiding personalities and unbecoming language.
(I) When speaking a Member may not be interrupted except by the chairman or by a Member raising a point of order.
(m) A Member may speak once only on a motion, except that the mover shall have a right of reply in which no new matter may be introduced.
(n) A Member requesting information or wishing to ask a question shall do so only through the chairman.