CONSTITUTION OF THE HURUNUI NETBALL CENTRE
1 Name Page 2
2 Resigtered Office Page 2
3 Objects Page 2
4 Powers and Duties Page 2
5 Duties of Management Committee Page 3
6 Members Page 4
7 Life Members & Service Awards Page 5
8 Officers of the Centre Page 5
9 Meetings of the Centre Page 6
10 Policies Page 7
11 Alteration of the Constitution Page 7
12 Indemnity Clause Page 7
13 Finances Page 8
14 Winding Up Page 8
15 Colours Page 8
16 Affiliation Page 8
17 Misconduct Page 8
18 Protests Page 8
Constitution of the HURUNUI NETBALL CENTRE
1 NAME
The organisation shall be called the Hurunui Netball Centre hereafter referred to as the Centre.
2 REGISTERED OFFICE
The registered office of the Hurunui Neball Centre is C/o PO Box 12, Waikari, North Canterbury.
3 OBJECTS
The objects of the Centre are too:
(a) be a body within the region for the administration, promotion and development of netball
(b) promote netball as an amateur game in the region for the recreation and entertainment of all New Zealanders.
(c) Be members of Netball Mainland Entity and Netball New Zealand and as such enforce the rules and regulations of Netball Mainland, Netball New Zealand and International federation of Netball Association.
(d) encourage participation and achievement in netball in the region.
(e) establish, promote and stage netball competitions and matches locally and to determine the rules of such competitions and matches.
(f) promote the health and safety of all participants in netball
(g) encourage and promote netball as a sport to be played in a manner which upholds the principles of fair play and is free from performance enhancing drugs.
(h) give and seek where appropriate recognition for members to obtain awards or public recognition for netball or other services to the community.
(I) seek and obtain improved facilities for the enjoyment of netball
(j) provide information, assistance and resources to its members.
(k) develop and train players, officials and other personnel involved in netball.
(l) at all times to act on behalf of, and in the interest of, members and netball.
4 POWERS AND DUTIES
The powers of the Management Committee and where appropriate after consultation with members is too:
(a) make or alter rules, regulations and policies may be attached as a separate document appended to this constitution.
(b) make or adopt the rules of the game or competition rules as notified by Netball New Zealand on or by the commencement of the competition season.
(c) organise and control competitions
(d) develop, organise, deliver and participate in programmes of education and training
(e) withdraw, suspend or terminate membership
(f) implement disciplinary procedures and impose sanctions and penalties
(g) establish tribunals, conduct hearings and hear appeals.
(h) develop drug testing and other policies and associated disciplinary procedures
(I) insure property
(j) enter into and or terminate contracts with athletes, staff, members, sponsors, media and other persons, agencies or organisations
(k) develop job descriptions and appoint and terminate the appointment of staff (casual, contract, other)
(l) delegate duties, co-opt or appoint sub committees or individuals.
(m) disseminate private or other information about members with their consent, via written declaration, and subject to the purpose-being in accordance with the Objects of the organisation.
(n) purchase, lease, license, hire or otherwise acquire and hold real and personal property, rights and privileges.
(o) control and raise money, including to borrow, invest or advance monies and to secure the payment of such by way of mortgage, charge over all of part of any of its real and personal property.
(p) sell, lease, mortgage, charge, surrender any lease or otherwise dispose of any property of the Centre and to grant such rights and privileges of such property as it considers appropriate
(q) determine, raise and receive money by subscriptions, fees, levies, gate charges, donations, grants, advertisers, sponsors, concessionaires or otherwise and to grant rights or privileges to subscribers, sponsors, promoters, concessionaires or fundraisers.
(r) determine who are its members and to determine, implement and enforce disciplinary procedures for its members including imposing sanctions
(s) to award, grant or otherwise honour achievement and services to the Centre and to netball generally
(t) select netball teams and squads to represent the Centre
(u) establish, maintain and have an interest in corporate or other entities to carry on and conduct all or any part of the affairs of the Centre and for that purpose to utilise any of the assets of or held on behalf of the Centre
(v) print and publish any newspapers, periodicals, books or leaflets and develop and implement any computer systems or software packages that the Centre may consider desirable for the promotion of its objects and which are consistent with those developed and implemented by the Netball Mainland or Netball New Zealand.
(w) purchase or otherwise acquire all or any part of the property, assets and liabilities of anyone or more companies, institutions, incorporates societies or organisations whose activities of objects are similar to those of the Centre, or with which the Centre is authorised to amalgamate or generally for any purpose designed to benefit the Centre.
(x) able to further the objects of the above powers which shall not limit the rights and powers of the Centre as an incorporate society under the Act.
5 DUTIES OF MANAGEMENT COMMITTEE
(a) To arrange, regulate and control the conduce of all officials and players of affiliated Clubs so far as it is connected with the Centre or its objects.
(b) Five (5) voting members shall constitute a quorum
(c) To appoint a selector and coach or selection committee for representative teams. The said coach to appoint captains.
(d) To make such valid by-laws as may from time to time be thought necessary for the governing of the various competitions or for any other object not provided for by these rules.
(e) To appoint an Executive Committee for any purpose relating to the affairs of the Association and to prescribe the duties and powers of any such Centre Committee
(f) To fix the closing date of registrations and impose an appropriate fine
(g) To manage and control the finances of the Association.
6 MEMBERS
(a) The members of the Hurunui Netball shall be Life Members, Service Award Members, Elected Officers of Hurunui Netball, Registered Players, Umpires and Members of all affiliated Bodies.
(b) Every member of a Club affiliated to Hurunui Netball shall be deemed to be a member of Hurunui Netball. The Constitution/By-Laws of Hurunui Netball will be binding on all Members.
(c) Members Rights and Obligations
Members acknowledge and agree that the Constitution constitutes a contract between each of them and Netball New Zealand (NNZ), Netball Mainland and Hurunui Netball. They shall comply with and observe the NNZ Constitution and Regulations, Netball Mainland Constitution and Regulations and this Hurunui Netball Constitution and By-laws and any determination, resolution or policy which may be made or passed by the NNZ Board, Netball Mainland Board or the Hurunui Netball Management Committee.
(d) Membership Fees
(I) The membership fees for each class of membership shall be an amount determined at any Annual General Meeting so determine. The fees shall be payable at such time that the Executive determine.
(ii) Membership shall lapse of the annual subscription is not paid by due date.
(e) Withdrawal, Suspension or Termination of Membership
(I) A membership shall be withdrawn, suspended or terminated if the member:
1. Fails to comply with any of the provisions of these Rules
2. Acts in a manner considered to be injurious or prejudicial to the character or interests of the Centre.
(ii) At the meeting of the disciplinary committee the alleged offender shall be entitled to be present and be accompanied by 1 support person.
(f) Reinstatement of Membership
A member may apply to have membership restored at the end of period defined at the discretion of the Executive.
(g) Appeal against Withdrawal, Suspension or Termination of Membership
(I) A person whose membership has been withdrawn suspended or terminated may within 14 days of receiving written notification, lodge with the Secretary written notice of intention to appeal against the decision of the Executive.
(ii) Upon receipt of notification of appeal the Secretary shall within 7 days convene a Special General Meeting of the Centre.
(h) Register of Members
The Executive shall keep a register in which the full name, birth date, telephone number and club of all people admitted to membership of the Centre and shall keep and maintain the register in accordance with the provisions of the Privacy Act 1993.
7 LIFE MEMBERS & SERVICE AWARDS
Notice must be given 6 weeks prior to the AGM of any Life Member or Service Awards then at an Annual General Meeting shall have the power, subject to recommendation from the Management Committee, to elect to Life Membership of the Association, persona who have performed significant service to the Association (and privileges regarding Life Membership of the Executive already granted shall be continued). Nominations for Life Memberships shall be forwarded to the Secretary of the Association who shall submit these to the Management Committee for consideration.
8 OFFICERS OF THE CENTRE
(a) The Officers of the Centre shall be:
President
Vice President Senior
Vice President Junior
Secretary
Treasurer
Immediate Past President
These shall be appointed at the Annual General Meeting
(b) The Management Committee of the Centre shall comprise the Officers and 4 convenors
(c) The election of Officers and other members of the Management committee shall take place in the following manner:
(I) The nomination to be in writing shall be signed by the member, proposer and seconder and to be lodged with the Secretary at least 20 days before the Annual General Meeting
(ii) a list of the candidates names in alphabetical order shall be circulated to Clubs at lease 14 days preceding the Annual General Meeting
(iii) if necessary, balloting lists shall be prepared containing the names of the candidates in alphabetical order and each 2 club delegates present at the Annual General Meeting shall be entitled to vote for any candidates not exceeding the number of vacancies
(iv) at the commencement of the meeting nominations may be taken from the floor of the meeting
(v) Appointment for Convenor positions are to be forwarded and signed by applicant to the Secretary by the date stated. These will be considered and decided by the Officers of the Centre.
(e) President and Secretary of the Centre are paid an amount as agreed annually for cost of attending meetings of Hurunui and Netball Mainland meetings (maximum of 10 meetings). Mileage to Netball Mainland meetings be paid at an amount to be fixed annually and all tolls, stamps, stationery and relevant costs incurred shall be reimbursed.
(f) Any delegate going to a Netball Mainland meeting in place of the President or Secretary shall be paid for doing so in the same manner that the President or Secretary is usually paid.
9 MEETINGS OF THE CENTRE
(a) General Meetings
(I) the Secretary shall convene all General meetings of the Centre by giving not less than 14 days of any such meeting to the members of the Centre
(ii) the President shall preside at all meetings. If the President is unavailable the Senior Vice President shall preside. If the Senior Vice President is unavailable the Junior Vice President shall preside, or a member shall elect one of their members.
(iii) the President shall maintain order and conduct the meeting in a proper and orderly manner.
(b) Voting at Centre Meetings
(I) At any Annual/Special/General Meeting of Hurunui Netball, members of the Management Committee and Delegates from affiliated Clubs shall be entitled to vote
(ii) No delegate shall represent more than one Club.
(iii) A Management Committee member is not entitled to be a Club representative.
(iv) Every club present at an Annual/Special/General Meeting shall have two (2) voting delegates. Delegates shall be entitled to one (1) vote each. The mode of voting shall be by open voting or by ballot if desired by any member present. In the case of equality of voting the Chairperson shall have the casting vote, with the exception of the election of Officers and Management Committee.
(c) Quorum for Executive meetings
(I) at any Executive meeting 5 members shall constitute a quorum
(ii) no business shall be transacted at any Executive meeting unless a quorum is present. For the purpose of the rule “member” includes all proxies and if within held an hour a quorum is not present reset the date.
(d) Business of Annual General Meeting
(I) the Annual General Meeting shall be open to all financial members.
(ii) the business to be transacted at every Annual General Meeting shall be:
1. Approval of the minutes of previous AGM
2. The receiving of the Presidents report and the financial statement and statement of income and expenditure of the Centre
3. The receiving of the Auditors report
4. The election of Officers
5. The appointment of an Auditor
6. Approval of annual subscription and other fees
7. Travel reimbursement per kilometre to be set
8. Set protest fee
9. Amendments of these rules
(e) Special General Meetings. The Secretary shall convene a Special General meeting.
(I) when directed to do so by the President
(ii) on the requisition in writing by not less than 2 Club Secretaries
Such requisition shall clearly state the reasons why such a meeting is being convened and the nature of the business
(iii) on being given notice in writing of an intention to appeal against a decision of the Executive
(iv) such meetings shall be called 14 days on receipt of requisition
(v) President, voting and quorum shall be as defined in the rules for general meetings
(vi) the business of a Special General meeting shall be as stated in the requisition notice and no other business may be transacted
10 POLICIES
The Management Committee may from time to time make, amend or repeal policies inconsistent with these rules for the internal management of the Centre and any policy may be set aside by a general meeting of members.
11 ALTERATION OF THE CONSTITUTION
(a) Subject to the provisions of the Incorporated Societies Act 1908 these rules may be amended, rescinded or added to from time to time by a special resolution carried by two thirds majority at an Annual General Meeting.
(b) Notice of such resolution shall be circulated to clubs not less than 14 days prior to the meting.
12 IMDEMNITY CLAUSE
The Executive and other officers of the Centre shall be indemnified by the Centre against all losses and expenses incurred in or about the discharge of their duties, except as happen by their own wilful act, neglect or default. No member of the Executive shall be responsible for any other member of the Executive or for any officer, clerk, or servant of the Centre by the insufficiency or deficiency of value of, or title to of any property or security acquired or taken on behalf of the Centre or by the bankruptcy or any tortuous act of any customer or debtor of the Centre or by anything done in the execution of the duties of their office in relation to or otherwise than their own wilful act of default.
13 FINANCES
Reviewed Accounts
(a) as soon as practicable after the end of each financial year the Treasurer shall prepare a statement containing particulars of:
(I) the income and expenditure for the financial year ended
(ii) the assets and liabilities and of all mortgages, charges and securities affecting the property of the Centre at the close of the financial year
(b) all such statements shall be examined by the auditor who shall present a report upon such audit to the Secretary prior to the holding of the Annual General Meeting
(c) the financial year of the Centre shall ended on 31st October of each year
(d) if fees are outstanding by 31st May, teams may be suspended by the Management committee
(e) all funds of the Association shall be paid into a bank or banks to the credit of the Association
(f) There shall be three Trustees:
President, Secretary, Treasurer and one other appointed by the Management Committee, any two of whom shall be required to sign the withdrawal forms.
14 WINDING UP
If upon the winding up or dissolution of the Centre there remains, after the satisfaction of all its debts and liabilities, any property whatsoever the same shall not be paid to or distributed among the Cubs but shall be given or transferred to some other charitable organisation or body having objects of the Centre, or for some other charitable purpose within New Zealand.
The Centre may be wound up if:
(a) cannot pay its debts
(b) has ceased to operate
15 COLOURS
(a) the colours of the Centre shall be red and white
(b) Registration of Uniforms
Each Club on registration shall register the uniform to be worn by their team(s) which shall then be approved by the Management Committee and thereafter shall not be worn by any other club. Any Club wishing to change the colour of their uniform must obtain the consent of the Management Committee.
16 AFFILIATION
Any Club wishing to become affiliated with the Association shall be received on acceptance of such application by the Management Committee.
17 MISCONDUCT
In all cases of misconduct any player, Club or official, an enquiry shall be held by the Management Committee within ten (10) days from the date when such alleged misconduct has been brought under notice of the Management Committee. All parties involved will be given the opportunity to present their point of view.
18 PROTESTS
All protests shall be made in writing, within four (4) days of the occurrence of the incident, regarding which the protest is made and such protest shall be accompanied by a fee, which is set at each AGM, which shall be forfeited if such protest be deemed frivolous. The umpires and the players concerned shall have the right to attend the meeting of the Protest Committee for the purpose of stating their case.