JET BOATING NEW ZEALAND [INC] CONSTITUTION

1. NAME:
The name of the society shall be "THE NEW ZEALAND JET BOAT ASSOCIATION INCORPORATED" HEREINAFTER CALLED "the Association"
2. REGISTERED OFFICE:
The registered office of the Association shall be at the Secretary's address, and notice of any change in the situation of the registered office shall be given to the Registrar of Incorporated Societies.
3. OBJECT:
The objects of the Association are -
[a] To control jet boating in New Zealand on a National basis
[b] To establish, further, and protect the rights of jet boaters.
[c] The encouragement of jet boating generally, concerned with the welfare and development of the Association.
[d] To promote harmonious relations between members and kindred and other relevant organisations, water users and sportsmen generally.
4. MEMBERSHIP:
Composition:
Any jet boat owner present at the inaugural meeting of the Association who agrees to pay the subscription determined by the meeting. Thereafter open to any interested person, male or female, over the age of sixteen [16] years or as a family member under that age.
5. ADMISSION OF MEMBERS:
Every applicant for membership shall be proposed by one and seconded by another member. Such proposals shall be in writing on the form provided and forwarded to the Secretary. The election of members shall be by the vote of the Committee, the Chairman to have the casting vote. Any such proposal may be declined and in such case the Committee shall not be required to state the reason for its decision. No member newly elected shall vote or participate in any of the privileges of the Association until he/she has paid his/her joining fee and/or subscription. If any member of the Committee present should require the voting on the proposal to be by way of ballot then such voting shall be by ballot in the ordinary way.
6. SPECIAL PROVISIONS:
1. Honorary Membership: Honorary Membership may be conferred by the Committee on any person who in the opinion of the committee is deserving of such honour. The honorary member shall not be required to pay a subscription during honorary membership but shall enjoy full membership rights and privileges including the right to vote. Such membership to be for the duration of the current financial year and to be reviewed at the final meeting of the retiring committee who will make recommendations to the incoming Committee as to the renewal of any such Memberships.
2. Honorary Life Membership: A Branch Committee may nominate a candidate and recommend to national executive, the award of Honary life membership of the association to a member in recognition of exemplary or long service in administration or in the filed which has substantially contributed toward the betterment of the Association. This recommendation, if approved, will be confirmed by a majority secret ballot at the AGM of the Association following recommendation by the National executive. This award is intented to be the highest bestowed by the association. it should not be awarded to lightly or to frequently. Holders of some years of Branch Service awards should be considered primary candidates for this honour. Such election shall be by a majority by ballot.
3. Branch service award: May be conferred by a branch of the Association, as a result of a secret ballot, on any person who, in the opinion of the Branch committee, is deserving of such an honour. The Branch Service award is intended to recognise person(s) who give extraordinary service by assistance to the affairs of the branch, whether those person(s) be members of the Association or not. The Branch Service Award would be recorded on a suitable certificate, would not carry any pecuniary advantage - save suggesting Branch may request National executive to wave the Assiciation subscription in the first year of the award. This award would be permanent.
4. Family Membership: Family membership shall be available to -
[a] the wife [or husband] of a member,
[b] any member's child under 21 years of age.
The subscription of a "Family Member" shall be guaranteed by the full member concerned, and except that mailings shall not be made to the "Family Member" and family members under the age of 16 years shall not be entitled to vote they shall receive the full privileges of the Association. On reaching the 21st birthday he/she must transfer to full membership to maintain privilege of membership. No subscription adjustment is necessary until the next subscription year.
Paid-up Membership
[a] Any member or intending member may become a paid-up member of the Association on payment of a fee to be fixed from time to time at Special or Annual General Meetings.
[b] Any member or intending member may also obtain paid-up family membership for his/her whole family on payment of an additional fee to be fixed from time to time at Special or Annual General Meetings.
[c] Payment of the above fees will guarantee paid-up membership for life and will cover all branch levies. Normal rules covering age limitations for family membership will however apply.
[d] In the event of expulsion from the Association for any reason under Rule 9 all such fees will be forfeit.
[e] The fees for paid-up memberships until altered pursuant to subclause 6.4.[a] and/or 6.4.[b] above shall be as follows -
Paid-up membership $930.00
Paid-up family membership $55.00
For members who have had 10 consecutive years or more of full membership the fees payable under this subclause may be reduced by 10%.
7. SUBSCRIPTIONS:
[a] The annual subscription shall be payable in advance on the first day of July in each year and shall be such amounts as shall be fixed from time to time by a General Meeting, provided that in fixing subscriptions as aforesaid provision may be made for the amounts so fixed to be reduced to lower amounts if the subscription is paid on or before a specified date.
[b] The Association shall by a General Meeting fix a administration fee to be paid by each new member. Such fee when fixed shall remain applicable until varied by the Association at a General Meeting. On the election of a new member he/she shall pay such joining fee to the Association and shall thereupon receive full membership rights and privileges. The new member shall also on election pay a subscription on a pro-rata basis for the current subscription year and thereafter the normal full subscription.
[c] If any member fails to pay his/her subscription within six [6] months after the due date, the Committee may erase his/her name from the list of members, and he/she shall upon such erasure cease to be a member; but the Committee shall have power within the then current year to reinstate the name of any such person on his/her submitting sufficient explanation, and paying the amount due.
[d] If a proposed member fails to pay his/her administration fee and/or annual subscription within six months after his/her election, his/her election shall be void, unless he/she shall justify the delay to the satisfaction of the Committee and shall pay his/her subscription he/she shall not be deemed to be a member.
[e] No member shall be competent to vote at any meeting of members, or exercise the functions of a member of the committee, or participate in any Association event, or enjoy any of the privileges of a member while his/her administration fee or subscription for the current year is unpaid, but this rule shall not operate until thirty [30] days after demand for the subscription has been made of him/her.
[f] The Committee may in such cases as it deems fit and proper waive payment of the subscription due by any member.
8. TERMINATION:
The membership of any member of the Association shall terminate on the happening of any of the following events, that is to say -
[a] by death, or
[b] by resignation in writing under the hand of the member and on payment of all subscriptions and other moneys owing to the Association by the member tendering the same and upon the return of all Association property to the Secretary and upon such resignation being accepted by resolution of the committee PROVIDED that any member failing to resign prior to the Annual General Meeting shall be liable for the subscription for the ensuing year unless the Committee shall decide otherwise, or
[c] by erasure of his/her name from the list of members under the provisions of paragraph [c] of Rule 7.
[d] By expulsion under the provision of Rule 9.
9. EXPULSION:
[a] The membership of any member may be suspended or terminated by the committee on the grounds that the member has been guilty of:
(i) Misconduct, or acting in a way detrimental to the interests of the Association or its members, or in any way that brings the Association into disrepute, or wilfully causes it to suffer financial loss; or
(ii) Non-compliance with any of the rules of the Association; or
(iii) Misappropriation of any funds or property of the Association; or
(iv) Divulging or making known the Association's business or affairs to persons not entitled to the same.
[b] The period of suspension may be such a period as the committee shall think fit, taking into account all the circumstances of the offence and the member concerned.
[c] Any member whose membership has been suspended or terminated under this rule shall have the right of appeal to any Annual or Special General Meeting whose decision by a majority vote shall be final.
10. MEETINGS:
[a] The Annual General Meeting of the Association shall be held during the months of June or July in each year at such time and place as the Committee may appoint, or failing that, as the President may direct.
[b] Other General Meetings may be called at such time and place as the Committee may appoint, or failing that, as the President may direct.
[c] A Special General Meeting may be called by notice in writing to the Secretary, signed by not less than twenty (20) financial members of the Association; such notice to state the nature of the special business to be dealt with, and the meeting shall be held within twenty-one (21) days of receiving such notice.
[d] The Secretary shall notify in writing all members of the Association of each Annual or General Meeting and shall similarly notify all Officers and Committee-men of each General Meeting; such notices to state any special business and to be posted not less than fourteen [14] days prior to the Meeting.
[e] At all General Meetings twenty (20) shall form a quorum.
[f] At all meetings the chair shall be taken by the President, or in his/her absence by the Vice-President, or in the absence of both Officers, the meetings shall elect a Chairman.
[g] At all General Meetings of the Association except Annual General Meetings pursuant to subclause 10[a] above and Special General Meetings pursuant to subclause 10[c] above all motions shall be decided by voice, but should any member so request, the Chairman shall require that the motion shall be decided by a show of hands, or by ballot. All votes pursuant to this subclause shall be given personally and not by proxy.
[h] At the Annual General Meeting in each year and at any Special General Meetings of the Association the voting on the Election of Officers, Notices of Motion, Remits, and all other matters specifically advertised in the notice of meeting as prescribed in subclause 10[d] above shall be decided by the vote of members on the prescribed form received by post or presented personally at the meeting. No votes shall be by proxy. Remits/ Notices of motion from individuals or branches must be submitted to the National Secretary by 20th January in anyone year.
[i] Subject to these rules the Committee may decide the procedure for requesting and receiving postal votes provided that when such votes are received by the secretary, they shall remain sealed and shall be opened only at the meeting at which the matter being considered is voted upon.
[j] The members entitled to attend and vote at any General Meeting of the Association shall be those members who are financial up to the date of that General Meeting.
11. OFFICERS
[a] The Officers of the Association shall consist of a Patron, a President, a Vice President, a Secretary, and Assistant Secretary, a Treasurer and the Chairman of each branch of the Association [or his/her duly appointed deputy] and such other officers as shall be provided for in Regulations or By-laws made pursuant to these rules or by resolutions of a General Meeting. The offices of Secretary and Treasurer or of Assistant Secretary or Treasurer may be held by the same person.
[b] The retiring President, with his/her consent but without election may assume the office of Immediate Past President for the ensuing year, and shall then retire from that office provided that a President who shall resign or otherwise cease to be President before the expiration of his/her term of office shall not thereby become Immediate Past President. An Immediate Past President shall be an Officer of the Association by virtue of his/her office.
[c] The President shall not hold office for more than two [2] years consecutively.
12. COMMITTEE:
[a] The affairs of the Association (subject to any directions made by a General meeting) shall be governed by a committee which shall consist of the following members:
1. Officer Members: The officers of the Association holding office under the provisions of Rule 11, and
2. Other Members: Six (6) other members or such number thereof as from time to time may be prescribed by a General Meeting. In the event the meeting decides to increase the size of the committee to the highest polling unsuccessful candidate(s) will become the additional member(s).
3. The President for the time being of the New Zealand Jet Boat River Racing Association Incorporated.
[b] A person shall not be eligible to be an Officer of the Association or other member of the Committee who is not financial or whose membership of the Association has been suspended for a period which has not yet expired or who otherwise is not eligible pursuant to the Rules of the Association.
[c] The Committee shall have the management of the affairs and general business of the Association and generally to act for the general comfort and accommodation of members, and subject to the provisions of the Rules of the Association and of other resolutions of General Meetings, all orders given by the Committee shall be binding on every member of the Association until set aside by a General Meeting.
[d] The Committee shall have power in the corporate name of the Association to enter into any agreement it shall think necessary in the management of the affairs of the Association and any such agreement shall bear the common seal of the Association, which shall be affixed in accordance with these rules.
[e] The Committee shall have power to appoint and discharge Sub-committees [the members of which shall not necessarily be members of the Committee] from time to time and may delegate any of its powers to any Sub-committee. All Sub-committees shall be subordinate to the Committee and shall carry out all directions, general or special, made by the Committee to the Sub-committee in relation to its affairs. The President shall be an ex officio member of all Sub-committees.
[f] The Committee shall make an annual report to every Annual General Meeting on the state of the Association generally and its operations during the preceding financial year and shall report on any matters to a General Meeting as shall be required by that Meeting.
[g] Should any Officer of the Association [other than the Patron] or other member of the Committee be absent himself from three [3] consecutive meetings of the Committee without leave of absence from or the acceptance of an apology by the Committee or such other excuse as to the Committee shall be sufficient, his/her office or seat on the Committee may be declared vacant, but only pursuant to a resolution of the Committee.
[h] The Committee shall meet at such times and places as it may by its own resolution appoint and generally may regulate its own proceedings and those of Sub-committees and shall be empowered from time to time to make, alter, amend or revoke Standing Orders [not repugnant to the provisions of these rules or of Regulations or By-Laws made pursuant to these Rules] for any purpose as may be deemed necessary or expedient for the better management of the affairs and proceedings of the Committee and Sub-committees and the delegations of the powers thereof.
[i] At all meetings of the Committee, five [5] members thereof shall form a quorum.
[j] The President has power to call at short notice a Special Committee Meeting for urgent business.
[k] The Committee shall have the power to adopt any minutes of the Annual, General or Special Meetings.
13. ELECTIONS:
[a] The officers of the Association, other than the Immediate Past President, the Secretary, and the Chairman of any branch of the Association (and Branch Chairman's deputy if any), who hold office under the provisions of Rule 11 and the other members of the committee shall be elected at each Annual General Meeting together with any other office-bearers required by any of the Rules of the Association to be so elected and all of them shall continue in office until their successors are elected.
[b] If the number of candidates proposed and seconded for any office to be filled by election at an Annual General Meeting shall be in excess of the number to be elected, a ballot shall be taken.
[c] Nominations for officers and Committee shall be received by the Secretary no later than the 20th day of April preceeding the date of the Annual General Meeting. Such nomination shall be in writing proposed and seconded by two [2] members who must sign the nomination which shall also be signed by the nominee accepting nomination. The nomination form shall be accompanied by a brief citation in support of the nominee.
[d] If sufficient nominations are received for the committee the nominations so received shall be deemed to be elected. If there are still vacancies then such vacancies may be filled by the members present by a show of hands or by ballot at the Chairman's option. Resort to this procedure shall in no way derogate from the requirement to observe the procedure set out in sub-clause 13[c] and 10[h] as the preferred method of electing Officers.
[e] The Committee shall have power to co-opt any member to fill any vacancy on the committee from time to time caused through there being insufficient nominations for the committee or from death resignation or otherwise.
[f] No member shall be eligible to be nominated for office at an Annual General Meeting unless he/she is eligible to vote at the meeting and unless he/she signifies his/her willingness to accept the nomination verbally at the meeting or in writing to the Secretary, provided that if he/she is nominated that shall be deemed to be sufficient evidence of his/her willingness to accept the nomination, unless the contrary can be shown.
[g] The positions of Secretary/Treasurer or Auditor of the Association shall be filled by way of appointment made by the remaining members of the committee at each Annual General Meeting. Such appointment shall be for a period of one (1) year commencing on the day immediately following the date of the Annual General Meeting in the following year. These positions Secretary/Treasurer may be held by the same person.
14. DUTIES:
1. General: The President, the Vice-President, the Secretary, the Treasurer and other officers and officials of the Association shall perform such duties as may be prescribed from time to time for each of them respectively by the Incorporated Societies Act, by the Rules of the Association and by a General Meeting or the Committee.
2. President: The President, if present, shall preside at all General Meetings and meetings of the Committee. He/she shall present or have presented at each Annual General Meeting of the Association a report on the condition of the Association and its financial position. He/she shall call or cause to be called Annual and other Regular General Meetings and any Special General Meetings. The President shall have general direction of the business and affairs of the Assocation. He/she is authorised to sign all contracts and agreements approved by the General Meetings or by the Committee in the name of the Association. He/she shall see that proper records are kept. He/she shall enforce the Rules of the Association and perform all the duties incidental to his/her position and office or which are required by law.
3. Vice-President: The Vice-President, if present, shall preside at General Meetings and meetings of the Committee in the absence of the President. During the absence or inability of the President to render or perform his/her duties or exercise his/her powers, the Vice-President may act in his/her stead on any occasion or for any period of time. The Vice-President, when acting instead of the President, shall have all the powers and be subject to all the responsibilites of the President under the Rules of the Association.
4. Secretary: The Secretary shall be responsible for keeping the minutes of all General Meetings and meetings of the Committee in appropriate books and shall produce them at all such meetings. He/she shall keep at the back of the minute book a record of all title deeds and other documents belonging to the Association, which are to be deposited at the bank. The Secretary shall be responsible for the custody of the records of the Association, and shall keep a register of the members of the Association and their addresses. He/she shall be responsible for serving all notices of the Association subject to the provisions of Rule 10. He/she shall under the direction of the President or the Committee advise members of the business transacted as soon as possible after each meeting.
5. Treasurer: All moneys shall be paid to the Treasurer, and his/her receipt shall be a sufficient discharge. The Treasurer shall be empowered to open a banking account and shall have the official care and custody of and be responsible for all funds of the Association and the depositing thereof in the name of the Association in such bank or banks as the Committee may decide from time to time. All operations on the bank accounts of the Association shall be signed by the Treasurer and by the President, or, in the event of the incapacity of the President, by such other member of the Committee as the Committee may authorise from time to time. The Treasurer shall render or cause to be rendered a statement of the finances of the Association at each meeting of the Committee and at such other times as shall be required of him/her and he/she shall make or cause to be made a full financial report including an account of income and expenditure and statement of assets and liabilities of the Association as at the last day of the preceding financial year to each Annual General Meeting, and the same shall have been audited by an Auditor elected by members in General Meeting. The Treasurer shall keep or cause to be kept correct books of account as the Committee may require and he/she shall do and perform all duties pertaining to the office of Treasurer.
15. FINANCE:
[a] The income and property of the Association, from whatever source derived, shall be applied solely towards the promotion of the objects of the Association, and no portion of the funds shall be applied to other purposes without the sanction of the Committee.
[b] The financial year of the Association shall commence on the first day of March in every year and shall conclude on the last day of February in the following year.
[c] The Committee shall be empowered to fix all fees and charges payable by persons or organisations whether members of the Association or not and which are not provided for in the Rules of the Association, and the Committee shall be empowered from time to time to vary such fees and charges, and in such cases as it deems fit and proper to waive payment of the same or any part thereof.
16. LIABILITY AND DISCIPLINING:
[a] No member shall remove any property of the Association except by authority of the Committee.
[b] Members shall pay the full cost of replacing any Association property lost, damaged or destroyed by them.
[c] The Association shall not be deemed liable for any personal injury, damage to or loss of property on any of the Association's premises.
[d] The New Zealand Jet Boat Association Incorporated shall accept no responsibility in respect of accident or damage caused by competitors, their representatives or their boats at any organised activities controlled by the Association, and a competitor, and/or his/her assigns waive all right of action against the New Zealand Jet Boat Association Incorporated.
[e] The Association shall have the power to discipline any member guilty of dangerous or inconsiderate driving or action considered injurious to the welfare of the sport or the good name of the Association.
17. ACTIONS:
The Association may take or defend any actions at law as it sees fit and may undertake the legal actions provided that the Committee considers it to be in the interest of the Association, and of the purpose for which the Association was formed, so to do, and provided also that the Association may impose such conditions as it deems fit as to costs and expenses as a condition precedent to undertaking any legal action.
18. COMMON SEAL:
The Common Seal of the Association shall be in the custody of the Secretary and shall be fixed to all deeds and important documents executed on behalf of the Association and attested by at least three [3] members of the Committee, of whom one shall be an officer of the Association.
19. BRANCHES OF THE ASSOCIATION:
1. Formation: A branch may be formed in any geographical area or district that, in the opinion of the committee, is compatible with the objects of the Association and where in the opinion of the committee there are sufficient members in touch with one another to make a branch desirable.
2. Membership Where such a Branch exists any member of the Association may join the branch on application. No person may be a member of a branch who is not a member of the Association.
3. Officers The Officers shall consist of: Chairman, Vice Chairman, Secretary and/or Treasurer, and a Committee of not less than two [2], who shall be elected at the Annual General Meeting of the Branch.
4. Representation The elected Chairman of each Branch shall be an Officer of the Association pursuant to Rule 11[a] above. In the event of the Branch Chairman not being able to attend a meeting of the Committee he/she may appoint a deputy who may attend the Committee meeting in his/her place and stead and such deputy shall have the same rights including voting rights as the Branch Chairman for whom he/she is deputy.
5. Meetings: Each Branch shall hold an Annual General Meeting during the months of February, March or April in each year. Nominations supported by a seconder for officers and committee may be received by the branch secreatry in advance or presented at the meetings. Voting shall be decided by voice, or should any member so request, the Chairman shall require that the motion shall be decided by a show of hands or ballot. Voting shall be given personally and not by proxy. Any Branch may hold such other meetings as may be considered necessary, and voting shall be as above.
6. By-Laws Branches shall have the power to pass by-laws for their own governance, but such by-laws shall not be contrary to, or in substitution for, the constitution, and should be submitted to the Association Committee for approval, and shall not have force or effect until so approved and in the event of a conflict between any By-Laws and this Constitution the Constitution shall prevail.
7. Finance
[a] The Branch Committee shall have power to levy a further subscription from its members provided that such subscription shall not exceed the current annual subscription to the Association.
[b] All monies received by the Association or by any branch shall belong to the Association but unless specifically directed otherwise by the Committee of the Association each branch may retain and manage such monies as it may receive for the benefit of that branch. No branch may incur any debt or liability on behalf of the Association that has not received the prior written approval of the Committee of the Association.
8. Branch Selection Any person on becoming a member of the Association shall automatically be deemed to be a member of the geographical branch whose territory extends to include that person's place of residence provided that a member may specifically elect to belong to any other branch that he/she may nominate in which event his/her election shall be valid unless the committee for special reasons decides otherwise in which case its decision shall be final.
20. WINDING UP:
By vote of a majority by ballot of the members of the Association at a Special General Meeting called for that purpose and confirmed at a subsequent General Meeting called together for that purpose and held not earlier than thirty [30] days after the date on which the resolution so to be confirmed was passed, the Association may be wound up, and in that event the assets and surplus funds of the Association shall be donated to such kindred organisations as such Special General Meeting may decide, provided that no member shall receive any personal gain.
21. RULES:
[a] No addition to, alteration, amendment or revision of these Rules shall be made except at Annual or Special General Meetings of the Association, and by a majority of three fourths of the votes received. Notice of any such proposed alteration, amendment or revision shall be given to all members in the circulars convening the meeting. No rule is valid unless passed by such meeting and duly registered with the Registrar of Incorporated Societies.
[b] In addition to, but not contrary to or in substitution for, these General Rules, the Committee may from time to time make and pass By-Laws, Regulations and Conditions, or resolutions as it may deem advisable for the good government of the Association's members, the protection of the interests and the furtherance of the objects of the Association.
22. INDEMNITY:
[a] The officers and other members of the committee shall be indemnified by the Association for all losses and expenses incurred by them in or about the discharge of their respective duties except such as shall result from their own respective wilful default.
[b] No officer nor other member of the committe shall be liable for the acts or defaults of any other officer nor member of the committee, or for any loss or expenses happening to the Association unless the same happens from his or her own wilful default.