Rules of
Snells Beach Ratepayers and Residents Association Incorporated
1.0 The Society Name
1.1 The name of the society is Snells Beach Ratepayers and Residents Association Incorporated.
1.2 The Society is constituted by first Incorporation 14th April 2004
1.3 Incorporation Number 1504200.
2.0 Registered Office
2.1 The Registered Office of the Society is that of the Secretary elected at the AGM each year. Any change shall be notified by the new secretary to the Registrar of Incorporated Societies subsequent to the AGM.
3.0 Purposes of Society
3.1 The purposes of the Society are:
- To promote, protect and focus attention on the interests of the community of Snells Beach and the wider Mahurangi.
- To propose, plan, or undertake any work or initiative that is deemed appropriate. To maintain or expand the facilities, amenities or enjoyment of the Community including protecting and enhancing the local environment.
- To actively seek opportunities to work with or alongside other agencies and associations, groups or individuals with similar aims in ways which benefit the community, including financial and other assistance to, community projects.
- To seek to grow and maintain an active membership.
- To establish and maintain effective relationships with elected representatives of local government, territorial authorities and their employees, agents or assignee.
- To adopt all necessary powers to undertake the work of the Society including purchase or lease any real or personal property.
MANAGEMENT OF THE SOCIETY
- Managing Committee
- The Society shall elect a managing committee (“the Committee”), comprising the following persons :
- The Chair/President;
- The Secretary;
- The Treasurer;
- Such other Members as the Society elects at the AGM.
- The positions of Secretary and Treasurer may be held by one person, concurrently.
- Only Members of the Society may be Committee Members.
- There shall be a minimum of three Committee Members, in addition to the Officers and a maximum total of seven including the officers.
- The term of the Officers and Committee shall be the period between Annual General Meetings.
5.0 Appointment of Committee Membership
5.1 At the AGM of the Society, the Members shall by majority vote, elect the officers and committee as prescribed in 4.0.
- Cessation of Committee membership
6.1Persons cease to be Committee Members when
- They resign by giving written notice to the Committee.
- They are removed by majority vote of the Society at a Society Meeting
- 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 Society documents and property.
7.0 Nomination of Committee Members
7.1 Nominations for members of the Committee shall be called at the Annual General Meeting. Each candidate shall be proposed and seconded by Members. All retiring members of the Committee shall be eligible for re-election.
7.2 If the position of any Officer becomes vacant between Annual General Meetings, the Committee may appoint another Committee Member to fill that vacancy until the next Annual General Meeting.
7.3 If the position of any Committee Member becomes vacant between Annual General
Meetings, the Committee may appoint another Society Member to fill that vacancy until the next Annual General Meeting.
7.4 If any Committee Member is absent from three consecutive meetings without leave of absence, the Chair/President may declare that person’s position to be vacant.
8.0 Role of the Committee
8.1 Subject to the rules of the Society (“The Rules”), the role of the Committee is to
- Administer, manage, and control the Society;
b, Carry out the purposes of the Society, and use money or other assets to do that;
- Manage the Society’s financial affairs, including approving the Annual Financial Statements for presentation to the Members at the Annual General Meetings;
- Set accounting policies in line with generally accepted accounting practice
- Delegate responsibility and co-opt members to the Committee where necessary
- Ensure that all Members follow the Rules;
g . Decide the times and dates for meetings, and set the agenda for meetings;
- Decide the procedures for dealing with complaints;
8.2 The Committee has all of the powers of the Society, unless the Committee’s power is limited by these Rules, or by a majority decision of the Society.
8.3 All decisions of the Committee shall be by a majority vote. In the event of an equal vote, the Chair/President shall have a casting vote, that is, a second vote.
8.4 Decisions of the Committee bind the Society, unless the Committee’s power is limited by these Rules or by a majority decision of the Society.
8.5 The committee has the power to appoint special purpose sub-committees as it sees fit, including co-opting people with skills best suited to that committee, provided the committee is; constituted of a majority of Society members and presided over by a member of the Society and accountable to the Managing Committee.
9.0 Roles of Committee Members
9.1 The Chair/President is responsible for:
- Ensuring that the Rules are followed;
- Convening Meetings and establishing whether or not a quorum (half of the Committee) is present; c; Chairing Meetings, deciding who may speak and when;
- Overseeing the operation of the Society;
- Providing a report on the operations of the Society at each Annual General Meeting.
9.2 The Secretary is responsible for:
- Recording the minutes of Meetings;
- Keeping the Register of Members;
- Holding the Society’s records, documents, and books except those required for the Treasurer’s function;
- Receiving and replying to correspondence as required by the Committee; e, Forwarding the annual financial statements for the Society to the Registrar of Incorporated Societies upon their approval by the Members at an Annual General Meeting.
- Advising the Registrar of Incorporated Societies of any rule or address changes;
- Giving notice of meetings to members, either general or committee members as set out and required by these Rules;
- h, Ensuring the booking of a suitable venue for meetings.
9.3 The Treasurer is responsible for:
- Keeping proper accounting records of the Society’s financial transactions to allow the Society’s financial position to be readily ascertained;
- Preparing annual financial statements for presentation at each Annual General Meeting
These statements should be prepared in accordance with the Societies’ accounting policies (see 8.1.d).
- Liaising with the auditor appointed by the AGM and supplying all necessary information to allow that appointee to carry out the audit of the Society’s annual accounts prepared by the treasurer.
- Providing a financial report at each meeting of the Society called by the chairman;
- Providing financial information to the Committee as the Committee determines.
10.0 Committee Meetings
10.1 Committee meetings may be held via video or telephone conference, or other formats as the Committee may decide;
10.2 No Committee Meeting may be held unless half or more of the Committee Members attend;
10.3 The Chair/President shall chair Committee Meetings, or if the Chair/President is absent, the Committee shall elect a Committee Member to chair that meeting;
10.4 Decisions of the Committee shall be by majority vote;
10.5 When/if a vote is tied the Chair/President or person acting as Chair/President has a casting vote, that is, a second vote.
10.6 Only Committee Members present at a Committee Meeting may vote at that Committee Meeting.
10.7 Subject to these Rules, the Committee may regulate its own practices;
10.8 The Chair/President or his nominee shall adjourn the meeting if necessary.
10.9 Adjourned Meetings: If within half an hour after the time appointed for a meeting a quorum is not present the meeting, if convened upon requisition of members, shall be dissolved; in any other case it shall stand adjourned to a day, time and place determined by the Chair/President/ of the Society, and if at such adjourned meeting a quorum is not present, the meeting shall be dissolved without further adjournments, The Chair/President may with the consent of any Society Meeting adjourn the same from time to time and from place to place but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
Society membership
11.1 Eligibility
11.1 Membership of The Society shall be open to any ratepayer or resident living, or owning property, within the confines of the greater community of Snells Beach.
11.2 The committee may grant membership eligibility to individuals not eligible under 11.1 if, in their opinion, it is in the best interests of the Society to do so. That eligibility can be reviewed and revoked at the committee’s discretion.
11.3 Membership of The Society shall be granted to any household, trust or corporate Body qualifying as eligible as above) upon payment of the annual subscription fee of the Society.
11.4 The annual subscription fee of the Society is due immediately following the Annual General Meeting.
11.5 Failure to renew membership by payment of the annual subscription within three months of the Annual General Meeting will be recognized as resignation from the society.
11.6 Any member who resigns membership from the society during the financial year shall not receive reimbursement of the subscription or any part thereof.
11.7 The Annual General Meeting may bestow Life membership in recognition of outstanding Community Service and long term membership of The Society. There shall be a maximum of three Life Members at any one time.
12.0 The Register of Members
12.1 The Secretary shall keep a register of Members (“the Register”), which shall contain the names, the postal and email addresses and telephone numbers of all Members, and the dates at which they became Members.
12.2 If a Member’s contact details change, that Member shall give the new postal or email address or telephone number to the Secretary.
12.3 Each Member shall provide such other details as the Committee requires.
12.4 Members shall have reasonable access to the Register of Members.
13.0 Cessation of Membership
13.1 Any Member may resign by giving written notice to the Secretary.
13.2 Membership may be terminated in the following way:
- 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 Society, the Committee may give written notice of this to the Member (“the Committee’s Notice”). The Committee’s Notice must:
Explain how the Member is breaching the Rules or acting in a manner inconsistent with the purposes of the Society; 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 Member’s Membership.
- State that if, within 14 days of the Member receiving the Committee’s Notice, the Committee is not satisfied, the Committee may in its absolute discretion immediately terminate the Member’s Membership.
- State that if the Committee terminates the Member’s Membership, the Member may appeal to the Society.
b Fourteen days after the Member received the Committee’s Notice, the Committee may in its absolute discretion, by majority vote, terminate the Member’s Membership by giving the Member written notice (“Termination Notice”), which takes immediate effect. The Termination Notice must state that the Member may appeal to the Society at the next Meeting by giving written notice to the Secretary (“Member’s Notice”) within 14 days of the Member’s receipt of the Termination Notice.
- If the Member gives the Member’s Notice to the Secretary, the Member will have the right to be fairly heard at a Society Meeting held within the following 28 days. If the Member chooses, the Member may provide the Secretary with a written explanation of the events as the Member sees them (“the Member’s Explanation”), and the Member may require the Secretary to give the Member’s Explanation to every other Member within 7 days of the Secretary receiving the Member’s Explanation. If the Member is not satisfied that the other Society Members have had sufficient time to consider the Member’s Explanation, the Member may defer his or her right to be heard until the following Society Meeting.
- When the Member is heard at a Society Meeting, the Society may question the Member and the Committee Members.
- The Society shall then by majority vote decide whether to let the termination stand, or whether to reinstate the Member. The Society’s decision will be final.
14.0 Obligations of Members
14.1 All Members (and Committee Members) shall promote the purposes of the Society and shall do nothing to bring the Society into disrepute.
Money and other Assets of the Society
15.0 Use of Money and Other Assets
15.1 The Society may only use money and other assets if:
- It is for a purpose of the Society;
- It is not for the sole personal or individual benefit of any Member; and
- That use has been approved by either the Committee or by majority vote of the Society
16.0 Fees, Subscriptions and Levies
16.1 If any Member does not pay the Subscription by the due date, the Secretary will give written notice that, unless the arrears are paid by a nominated date, the Membership will be terminated. After that date, the Member shall have no Membership rights and shall not be entitled to participate in any Society activity
17.0 Additional Powers
17.1 The Society may:
Employ people for the purposes of the Society;
- Exercise any power a trustee might exercise;
- Invest in any investment that a trustee might invest in;
- Borrow money and provide security for that if authorised by majority vote at an Annual General or Special General Meeting of the Society.
18.0 Financial Year
18.1 The financial year of the Society begins on first day of April of every year and ends on. thirty first day of March of the next year.
19.0 Assurance on the Financial Statements
19.1 The Society shall appoint an Auditor to audit the annual financial statements of the Society. The Auditor shall report on whether the financial statements are prepared in all material respects in accordance with the Society’s accounting policies, The Auditor must be a suitably qualified person and preferably be a current or retired member of the New Zealand Institute of Chartered Accountants, and must not be a member of the Committee, or an employee of the Society. If the Society appoints an Auditor who is unable to act for some reason, the Committee shall appoint another Auditor as a replacement. The Committee is responsible to provide the auditor with:
- Access to all information of which the Committee is aware that is relevant to the preparation of the financial statements such as records, documentation and other matters
- Additional information that the auditor may request from the Committee for the purpose of the audit; and
- Reasonable access to persons within the Society from whom the auditor determines it necessary to obtain evidence.
Conduct of meetings
20.0 Society Meetings
20.1 A Society Meeting is either an Annual General Meeting or a Special General Meeting. The committee may also call monthly or bi-monthly meetings of all members to encourage interest and involvement in the activities of the Society.
20.2 The Annual General Meeting shall be held once every year no later than three months after the Society’s balance date. The Committee shall determine when and where the Society shall meet within those dates,
20.3 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 10% of the Members.
20.4.1 The Secretary shall:
- Give all Members at least 14 days Written Notice of the business to be conducted at any Annual General or Special General Meeting of the Society. This shall be served by email or standard mail in addition to a public notice in a local paper and public notice board.
- Additionally, the Secretary will provide:
A copy of the Chair/President’s Report on the Society’s operations and of the Audited
Annual Financial Statements as approved by the Committee, ii. Notice of any motions and the Committee’s recommendations about those motions. iii. If the Secretary has sent a 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.
20.4.2 Monthly or bi-monthly meetings of the Society should be notified by the Secretary no less than 7 days prior. The notification should be by suitable mail (electronic or otherwise), notice on public notice board and include any special business to be addressed.
20.5.1 All Members may attend and vote at Society Meetings.
20.5.2 Each household membership is limited to two votes.
20.5.3 Members of the public are invited to and may attend Society meetings
20.6 No Society Meeting may be held unless at least 10 eligible Members attend. (This will constitute a quorum.)
20.7 Proxy voting is permitted. Proxies must be in writing, name the person assigned to exercise the voting rights of the assignor of the proxy, the date and place of the meeting for which that proxy is given. It shall be signed and contain the name of the member assigning the proxy. The assignee must be a current member of The Society. The written, signed proxy must be in the hands of the Secretary no less than 24hours prior to the stated start time of the meeting. Any valid proxies will be tabled and noted by the Secretary at the start of the meeting. The member assigning that proxy is deemed to be present for the sake of a quorum.
20.8 All Society Meetings shall be chaired by the Chair/President. If the Chair/President is absent, the Society shall elect another Committee Member to Chair that meeting. Any person chairing a Society Meeting has a casting vote.
20.9 On any given motion at a Society Meeting, the Chair/President shall in good faith determine whether to vote by:
- Voices;
- Show of hands; or
- 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 Chair/President will have a casting, that is, second vote to break a tied vote.
20.10 The business of an Annual General Meeting shall be:
- Receiving any minutes of the previous Society’s Annual General Meeting;
- The Chair/President’s report on the business of the Society;
- The Treasurer’s report on the finances of the Society, and the Audited Annual Financial Statements;
- Election of Officers and Committee Members;
- Appointment of an Auditor
- Set the annual membership subscription
- Notified Motions to be considered;
- General business.
- The Chair/President or his nominee shall adjourn the meeting if necessary.
- Adjourned Meetings: If within half an hour after the time appointed for a meeting a quorum is not present the meeting, if convened upon requisition of members, shall be dissolved; in any other case it shall stand adjourned to a day, time and place determined by the Chair/President of the Society.
- Motions at Society meetings
- Any Member may request that a motion be voted on (“Member’s Motion”) at a particular Society 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 (“Member’s Information”). The Committee may in its absolute discretion decide whether or not the Society will vote on the motion. However, if the Member’s Motion is signed by at ‘east 7 eligible Members:
- It must be voted on at the Society Meeting chosen by the Member; and
- The Secretary must give the Member’s Information to all Members at least 14 days before the Society 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 Society Meeting.
21.2 The Committee may also decide to put forward motions for the Society to vote on (“Committee Motions”) which Shall be suitably notified.
Common seal
- Common seal
- The Committee shall provide a common seal for the Society and may from time to time replace it with a new one.
- The Secretary shall have custody of the common seal, which shall only be used by the authority of the Committee. Every document to which the common seal is affixed shall be signed by the President and countersigned by the Secretary or a member of the Committee.
Altering the rules
- Altering the Rules
- The Society may alter or replace these Rules at a Society General Meeting by a resolution passed by a two-thirds majority of those Members present (in person or by proxy) and voting.
- Any proposed motion to amend or replace these Rules shall be signed by at least five eligible Members and given in writing to the Secretary at least 28 days before the Society Meeting at which the motion is to be considered, and accompanied by a written explanation of the reasons for the proposal.
- 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.
- When a Rule change is approved by a General Meeting no Rule change shall take effect until the Secretary has filed the changes with the Registrar of Incorporated Societies
Bylaws
- Bylaws to Govern the Society
- The Committee may from time-to-time make, alter or rescind bylaws for the general management of the society, so long as these are not repugnant to these rules or to the provisions of law. All such bylaws shall be binding on members of the Society. A copy of the bylaws for the time being, shall be available for inspection by any member on request to the Secretary.
Winding up
- Winding up
- If the Society is wound up
- The Society may be wound up by a majority vote at a duly constituted Annual General Meeting or Special General Meeting. A winding up resolution must however be confirmed at a subsequent Special General Meeting held not earlier than 30 days after the date of the passage of the aforesaid winding up resolution.
- Upon winding up or dissolution, all its debts, costs and liabilities shall be paid.
- Any remaining funds or property whatsoever shall not be paid to, or distributed among, the members of the organization but shall be given or transferred to some other charitable organization or body having objects similar to the objects of the Society winding up, or for some other charitable purpose within the Mahurangi area.
- On winding up, the Society resolves to follow all statutory procedures for voluntary winding up (as set out by section 27 of the Incorporated Societies Act 1908 or as set out in succeeding legislation)