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Ko Te Okitu - 'Tis the place of rest
Tihei Mauriora - 'Tis the breath of life
Rules of Wainui/Okitu Residents and Ratepayers Association Incorporated
The Association 1.0 Name 1.1 The name of the Association is Wainui/Okitu Residents and Ratepayers Association Incorporated ("the Association"). 1.2 The Association is constituted by vote of the Members at the meeting held on 13 September 2009.
2.0 Registered Office 2.1 The Association shall keep and maintain a registered office, the location of which shall be determined by resolution of the committee, or failing any such resolution being passed then at the residence of the Chairperson for the time being.
3.0 Purposes of Association 3.1 The purposes of the Association are to: (a) To promote and represent the views of the Associationıs members concerning all issues affecting Wainui Beach and the community of Wainui/Okitu: their unique characteristics, wellbeing, environment, sustainability and future development; (b) To protect and enhance the unique nature of the ecological, geographical and social environments of Wainui Beach and Wainui/Okitu; (c) To provide a forum within which the Wainui/Okitu community can identify, discuss and deal with local issues and concerns; (d) To support and co-operate, in ways that may assist the Association in meeting the Associationıs purposes, with the Gisborne District Council and other organisations, individuals and/or projects that may affect Wainui Beach and/or Wainui/Okitu; (e) To provide an informed and united voice to represent the Members to local and regional bodies and to ensure that their views are reflected in the development of policies, which affect Wainui Beach and Wainui/Okitu; (f) To ensure that a portion of the rates paid by Wainui/Okitu ratepayers is used by the appropriate body within the district for the benefit of Wainui/Okitu Residents, Ratepayers and visitors; (g) To foster community spirit within Wainui/Okitu by organising and providing community activities open to all Residents, Ratepayers and visitors of Wainui/Okitu; (h) To carry out such other actions as are incidental or conducive to attaining any or all of the above purposes. 3.2 Pecuniary gain is not a purpose of the Association.
MANAGEMENT OF THE ASSOCIATION 4.0 Managing Committee 4.1 The Association shall have a managing committee (³the Committee²), comprising the following persons: (a) The Chairperson; (b) The Secretary; (c) The Treasurer; and (d) Other Members as the Association shall decide. 4.2 Only Members of the Association may be Committee Members. 4.3 There shall be a minimum of six, but not more than eight, Committee Members. 4.4 The Committee shall have the power to co-opt Committee Members.
5.0 Appointment of Committee Members 5.1 At an Association Meeting, the Members may decide by majority vote: (a) How large the Committee will be; (b) Who shall have the title of Chairperson, Secretary, and Treasurer; (c) Whether any Committee Member may have more than one title; (d) How long each person will be a Committee Member (the Termı).
6.0 Cessation of Committee Membership 6.1 Persons cease to be Committee Members when: (a) They resign by giving written notice to the Committee. (b) They are removed by majority vote of the Association at a Association Meeting. (c) Their Term expires. 6.2 If a person ceases to be a Committee Member, that person must within one month give to the Committee all Association documents and property.
7.0 Nomination of Committee Members 7.1 Nominations for members of the Committee shall be called for at least 14 days before a General Meeting. Each candidate shall be proposed and seconded in writing by Members and the completed nomination delivered to the Secretary. Nominations shall close at 5pm on the fifth day before the Annual General Meeting. The Secretary shall post all nominations on the wainuibeach.org.nz website at least two days before the Annual General Meeting. All retiring members of the Committee shall be eligible for re-election. 7.2 If the position of any Committee Member becomes vacant between Association Meetings, the Committee shall appoint another Committee Member to fill that vacancy until the next Association Meeting. 7.3 If any Committee Member is absent from three consecutive meetings without leave of absence the Chairperson may declare that personıs position to be vacant.
8.0 Role of the Committee 8.1 Subject to the rules of the Association (³The Rules²), the role of the Committee is to: (a) Administer, manage, and control the Association; (b) Carry out the purposes of the Association, and Use Money or Other Assets to do that; (c) Manage the Associationıs bank accounts; (d) Ensure that all Members follow the Rules; (e) Decide how a person becomes a Member, and how a person stops being a Member; (f) Decide the times and dates for Meetings, and set the agenda for Meetings; (g) Decide the procedures for dealing with complaints; (h) Set Membership fees, including subscriptions and levies; (i) Make regulations. 8.2 The Committee has all of the powers of the Association, unless the Committeeıs power is limited by these Rules, or by a majority decision of the Association. 8.3 Decisions of the Committee bind the Association, unless the Committeeıs power is limited by these Rules or by a majority decision of the Association.
9.0 Roles of Committee Members 9.1 The Chairpersonıs role is to: (a) Ensure that the Rules are followed; (b) Convene Meetings; (c) Chair Meetings, deciding who may speak and when; (d) Oversee the operation of the Association; (e) Give a report on the operation of the Association at each Annual General Meeting; (f) Advise the Registrar of Incorporated Societies of any rule changes; (g) Advise the Registrar of Incorporated Societies of any alteration to the Rules. 9.2 The Secretaryıs role is to: (a) Record the minutes of Meetings; (b) Keep the Register of Members; (c) Hold the Association's records, documents, and books; (d) Receive and reply to correspondence as required by the Committee; (e) Retain the common seal of the Association if the Association has a common seal. 9.3 The Treasurerıs role is to: (a) Collect and receive all payments made to the Association. These payments must be banked within seven days after the Treasurer receives them; (b) Keep a true and accurate record in the Associationıs account book, so that the Associationıs financial situation can be clearly understood at any point in time; (c) Give a financial report and statement of accounts (including an Income and Expenditure Account and Balance Sheet) at each Annual General Meeting, and more often if either the Committee or a majority of the Association decides this in a Meeting. (d) Forward the annual financial statements for the Association to the Registrar of Incorporated Societies upon approval by the Members at an Annual General Meeting.
Association membership 10.0 Types of Members 10.1 A Member is either an Ordinary Member, an Associate Member or a Life Member, but not an Honorary Member. 10.2 An Ordinary Member has the rights and responsibilities set out in these Rules. 10.3 An Associate Member is a person who does not meet the membership requirements of an Ordinary Member (is not a Resident or Ratepayer of Wainui/Okitu), but has an interest in Wainui Beach and/or Wainui/Okitu. An Associate Member has all the rights and responsibilities set out in these Rules, except the right to vote. 10.4 A Life Member is a person who is acknowledged as a longstanding Member of the Association. A Life Member has all the rights and responsibilities of an Ordinary Member (including the right to vote), but does not have to pay fees, subscriptions, or levies. 10.5 An Honorary Member is a person who is acknowledged as providing or having provided important services to the Association. An Honorary Member has none of the rights or privileges of a Member.
11.0 Admission of Members 11.1 To become an Ordinary Member, a person (³the Applicant²) must: (a) Complete an application form, if the Committee requires this; and (b) Must be a Resident of Wainui/Okitu and/or an Owner/Ratepayer of property in Wainui/Okitu; and (c) Supply any other information the Committee requires. 11.2 To become an Associate Member, a person (³the Applicant²) must: (a) Complete an application form, if the Committee requires this; and (b) Supply any other information the Committee requires. 11.3 The Committee may interview the Applicant when it considers Membership applications. 11.4 The Committee shall have complete discretion when it decides whether or not to let the Applicant become an Ordinary Member. The Committee shall advise the Applicant of its decision, and that decision shall be final. 11.5 An Ordinary Member may become a Life Member only if: (a) The Committee recommends that the Association should appoint the Ordinary Member as a Life Member; and (b) The Association passes a resolution at an Annual General Meeting appointing the Ordinary Member as a Life Member by a two-thirds majority of those Members present and voting. 11.6 A person may become an Honorary Member only if: (a) The Committee recommends that the Association should appoint the person as an Honorary Member; and (b) The Association passes a resolution at an Annual General Meeting appointing the person as an Honorary Member by a three-quarters majority of those Members present and voting.
12.0 The Register of Members 12.1 The Secretary shall keep a register of Members (³the Register²), which shall contain the names, the addresses, the email addressed and the telephone numbers of all Members, and the dates at which they became Members. 12.2 If a Memberıs address or telephone number or email address changes, that Member shall give the new address or telephone number or email address to the Secretary. 12.3 Each Member shall provide such other details as the Committee requires.
13.0 Cessation of Membership 13.1 Any Member may resign by giving written notice to the Secretary. 13.2 A Member may have his or her Membership terminated in the following way: (a) If, for any reason whatsoever, the Committee is of the view that a Member is breaching the Rules or acting in a manner inconsistent with the purposes of the Association, the Committee may give written notice of this to the Member (³the Committeeıs Notice²). The Committeeıs Notice must: (i) Explain how the Member is breaching the Rules or acting in a manner inconsistent with the purposes of the Association; (ii) State what the Member must do in order to remedy the situation; or state that the Member must write to the Committee giving reasons why the Committee should not terminate the Memberıs Membership. (iii) State that if, within 14 days of the Member receiving the Committeeıs Notice, the Committee is not satisfied, the Committee may in its absolute discretion immediately terminate the Memberıs Membership. (iv) State that if the Committee terminates the Memberıs Membership, the Member may appeal to the Association. (b) 14 days after the Member received the Committeeıs Notice, the Committee may in its absolute discretion by majority vote terminate the Memberıs Membership by giving the Member written notice (³Termination Notice²), which takes immediate effect. The Termination Notice must state that the Member may appeal to the Association at the next Meeting by giving written notice to the Secretary (³Memberıs Notice²) within 14 days of the Memberıs receipt of the Termination Notice. (c) If the Member gives the Memberıs Notice to the Secretary, the Member will have the right to be fairly heard at the next Association Meeting. If the Member chooses, the Member may provide the Secretary with a written explanation of the events as the Member sees them (³the Memberıs Explanation²), and the Member may require the Secretary to give the Memberıs Explanation to every other Member within 7 days of the Secretary receiving the Memberıs Explanation. If the Member is not satisfied that the other Association Members have had sufficient time to consider the Memberıs Explanation, the Member may defer his or her right to be heard until the following Association Meeting. (d) When the Member is heard at a Association Meeting, the Association may question the Member and the Committee Members. (e) The Association shall then by majority vote decide whether to let the termination stand, or whether to reinstate the Member. The Associationıs decision will be final.
14.0 Re-admission of former Members 14.1 Any former Member who has resigned may apply for re-admission in the same way as a new applicant. However, if the former Member's membership was terminated by the Committee or the Association, the Applicant shall not be readmitted without the approval of the Committee by majority vote.
15.0 Obligations of Members: 15.1 All Members (and Committee Members) shall promote the purposes of the Association and shall do nothing to bring the Association into disrepute.
Money and other assets of the Association 16.0 Use of Money and Other Assets 16.1 The Association may only Use Money and Other Assets if: (a) It is for a purpose of the Association; (b) It is not for the sole personal or individual benefit of any Member; and (c) That Use has been approved by either the Committee or by majority vote of the Association.
17.0 Joining Fees, Subscriptions and Levies 17.1 The Association shall decide by majority vote at an Association Meeting: (a) What a Member must pay to join the Association (³Joining Fee²); and (b) What a Member must pay in order to stay a Member (³Subscription²) and how often this must be paid. 17.2 The Committee may by majority vote impose a levy or levies on Members up to a maximum total of $20.00 in any one financial year. 17.3 If any Member does not pay a Subscription or levy by the date set by the Committee or the Association, that Member shall have a further period of seven days to pay the Subscription or levy. After the seven day period, the Member shall (without being released from the obligation of payment) have no Membership rights and shall not be entitled to participate in any Association activity until all the arrears are paid, and the Memberıs Membership shall be suspended until all arrears are paid in full.
18.0 Additional Powers 18.1 The Association may: (a) Employ people for the purposes of the Association; (b) Exercise any power a trustee might exercise; (c) Invest in any investment that a trustee might invest in; (d) Borrow money and provide security for that if authorised by Majority vote at any Association Meeting.
19.0 Financial Year 19.1 The financial year of the Association begins on 1 July of every year and ends on 30 June of the next year.
20.0 Cheques 20.1 Any Payment made by the Association above a value of twenty dollars must be by Cheque or electronic deposit. 20.2 All Cheques must be signed by the Chairperson, and countersigned by Treasurer.
21.0 Appointing an Auditor 21.1 At an Annual General Meeting, the Association may by majority vote appoint someone to audit the Association (³the Auditor²). The Auditor shall audit the Associationıs accounts, and shall certify that they are correct. The Auditor must be a member of the New Zealand Institute of Chartered Accountants, and must not be a member of the Association. If the Association appoints an Auditor who is unable to act for some reason, the Committee shall appoint another Auditor as a replacement.
Conduct of meetings 22.0 Association Meetings 22.1 An Association Meeting is either an Annual General Meeting or a Special General Meeting. 22.2 The Annual General Meeting shall be held once every year between 1 September and 30 September. The Committee shall determine when and where the Association shall meet within those dates. 22.3 Special General Meetings may be called by the Committee. The Committee must call a Special General Meeting if the Secretary receives a written request signed by at least a quarter of the Members. 22.4 The Secretary shall give all Members at least 14 days written notice of: (a) The business to be conducted at any Association Meeting; (b) A copy of the Annual Report and Statement of Accounts, if the Association Meeting is an Annual General Meeting; (c) A list of Nominees for the Committee, and information about those Nominees if it has been provided. (The Secretary must not provide Members with information exceeding one side of an A4 sheet of paper per Nominee). (d) Notice of any motions and the Committeeıs recommendations about those motions. If the Secretary has sent notice to all Members in good faith, the Meeting and its business will not be invalidated simply because one or more Members do not receive the notice. 22.5 All Members may attend and vote at Association Meetings. 22.6 No Association Meeting may be held unless at least 15 Members or at least 20% of the total number of Members (whichever is the least) attend. 22.7 All Association Meetings shall be chaired by the Chairperson. If the Chairperson is absent, the Secretary shall chair the Association Meeting. If the Secretary is also absent, the Association shall elect another Committee Member to chair that meeting. Any person chairing an Association Meeting has a casting vote. 22.8 On any given motion at an Association Meeting, the Chairperson shall in good faith determine whether to vote by: (a) Voices; (b) Show of hands; or (c) Secret ballot. However, if any Member demands a secret ballot before a vote by voices or show of hands has begun, voting must be by secret ballot. If a secret ballot is held, the Chairperson will have a casting vote. 22.9 The business of an Annual General Meeting shall be: (a) Any minutes of the previous Meeting(s); (b) The Chairpersonıs report on the business of the Association; (c) The Treasurerıs report on the finances of the Association, and the Statement of Accounts; (d) Election of Committee Members; (e) Motions to be considered; (f) General business; and (g) Approval of plans for the balance of the current and next calendar years.
23.0 Motions at Association Meetings 23.1 Any Member may request that a motion be voted on (³Memberıs Motion²) at a particular Association Meeting, by giving written notice to the Secretary at least 28 days before that meeting. The Member may also provide information in support of the motion (³Memberıs Information²). The Committee may in its absolute discretion decide whether or not the Association will vote on the motion. However, if the Memberıs Motion is signed by at least a quarter of all Members: (a) It must be voted on at the Association Meeting chosen by the Member; and (b) The Secretary must give the Memberıs Information to all Members at least 14 days before the Association Meeting chosen by the Member; or If the Secretary fails to do this, the Member has the right to raise the motion at the following Association Meeting. 23.2 The Committee may also decide to put forward motions for the Association to vote on (³Committee Motions²). 23.3 Any given motion at an Association Meeting is deemed to have passed if a Majority of those Members present and voting vote in favour of that motion.
24.0 Committee Meetings 24.1 No Committee Meeting may be held unless more than half of the Committee Members attend. 24.2 The Chairperson shall chair Committee Meetings, or if the Chairperson is absent, the Secretary shall chair the Committee Meeting. If the Secretary is also absent, the Committee shall elect a Committee Member to chair that meeting. 24.3 Decisions of the Committee shall be by majority vote. 24.4 The Chairperson or person acting as Chairperson has a casting vote. 24.5 Only Committee Members present at a Committee Meeting may vote at that Committee Meeting. 24.6 Subject to these Rules, the Committee may regulate its own practices.
Signing of documents 25.0 Signing of Documents 25.1 The Association shall have a common seal. A document shall be executed on behalf of the Association if: (a) The common seal is attached to the document; and (b) The document is witnessed by any one of the Chairperson, Secretary, or Treasurer, and countersigned by one other member of the Committee. Altering the rules 26.0 Altering the Rules 26.1 The Association may alter or replace these Rules at an Association Meeting by a resolution passed by a two-thirds majority of those Members present and voting. 26.2 Any proposed motion to amend or replace these Rules shall be signed by at least 15 Members and given in writing to the Secretary at least 28 days before the Association Meeting at which the motion is to be considered, and accompanied by a written explanation of the reasons for the proposal. 26.3 At least 14 days before the General Meeting at which any Rule change is to be considered the Secretary shall give to all Members written notice of the proposed motion, the reasons for the proposal, and any recommendations the Committee has. 26.4 When a Rule change is approved by a General Meeting the Managing Committee shall cause to be filed with the Registrar of Incorporated Societies advice of the Rule changes in the required form. No Rule change shall take effect until this is done.
Winding up 27.0 Winding up 27.1 If the Association is wound up: (a) The Associationıs debts, costs and liabilities shall be paid; (b) Surplus Money and Other Assets of the Association may be disposed of: (i) By resolution at a General Meeting; or (ii) According to the provisions in the Incorporated Societies Act 1908; but (c) No distribution may be made to any Member; (d) The surplus Money and Other Assets shall be distributed to such other incorporated body or bodies operating in the Wainui/Okitu district.
28.0 Indemnity 28.1 The Committee Members in accordance with these Rules, shall be indemnified by the Association in respect of all losses and expenses incurred by them in or about the discharge of their respective duties except such as happen from their own respective default.
28.2 No Committee Member shall be liable for the act or omission of any other Committee Member in respect of any loss or expense happening to the Association unless the same happened from his/her own default.
29.0 Definitions 29.1 In these Rules: (a) ³Cheque² means a personal cheque or a bank cheque. (b) ³Committee² means the Committee of the Association. (c) ³Committee Meeting² means a meeting of the Committee. (d) ³Committee Member² means any Member who is on the Committee. (e) ³Majority vote² means a vote made by more than half of the Members who are present at a Meeting and who are entitled to vote and voting at that Meeting upon a resolution put to that Meeting. (f) ³Meeting² means any Annual General Meeting, any Special General Meeting, and any Committee Meeting. (g) ³Money or Other Assets² means any real or personal property or any interest therein, owned or controlled to any extent by the Association. (h) ³Payment² means any transfer of legal tender by cash, electronic transfer, bank cheque, or any other means of paying legal tender, and includes payment by personal cheque. (i) ³Rules² means these rules, being the rules of the Association. (j) ³Association Meeting² means any Annual General Meeting, or any Special General Meeting, but not a Committee Meeting. (k) ³Use Money or Other Assets² means to use, handle, invest, transfer, give, apply, expend, dispose of, or in any other way deal with, Money or Other Assets. (l) ³Written Notice² means hand-written, printed or electronic communication of words or a combination of these methods. (m) ³Wainui/Okitu² means the community historically defined and recognised as Wainui Beach and Okitu in the Tairawhiti/Gisborne district.
(n) ³Wainui Beach² means the beach, foreshore and dunes of Wainui/Okitu, bordered on the south by Tuahine Point and on the north by Makarori Headlands.
(o) ³Ratepayer² means any person who owns and pays rates on a property in Wainui/Okitu.
(p) ³Resident² means any person who resides in Wainui/Okitu. | ||
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