Pumanawa Netball Club - Rules and Constitution

Rules of Pumanawa Netball Club Incorporated

1.0 Society name; Pumanawa Netball Club Incorporated.

1.1 The name of the society is “Pumanawa Netball Club Incorporated” commonly known as Pumanawa Netball Club (PNC).

1.2 Pumanawa in Maori means natural talent and gifts from God. Pumanawa was chosen as our club name because we want to support and grow the natural talent in our community. Whether that be talent in netball, administration, being a supporter of the club. A range of talents is required to manage the day to day needs of our netball club. With our underlying values we want to grow in a way that makes netball fun and fair for all.

1.3 PNC is constituted by resolution dated 11 August 2019.

2.0 Registered Office

2.1 The Registered Office of PNC is 6 Lomax place, Islington, Christchurch 8042.

3.0 Purposes of PNC

3.1 To uphold the values of PNC, values include:

(a) Manaakitanga: Being hospitable and kind to all members. Creating a team culture that demonstrates respect and support of each other and the ranges of abilities and skills.

(b) Akonga: The reciprocal relationship of learning and teaching. All players and members to understand we are at different stages of learning and respect the qualities in others we can learn from.

(c) Whakapau kaha: Give it your all, try your best. We are strong community filled with lots of grit and passion. Let’s role model a positive way to focus that energy in netball.

3.2 Foster, promote and develop the game of netball as governed by the Christchurch and New Zealand Netball associations.

3.3 Pecuniary gain is not a purpose of PNC.

MANAGEMENT OF PNC

4.0 Managing Committee

4.1 PNC shall have a managing committee (“the Committee”), comprising the following persons:

The Chair/President;
The Secretary;
The Treasurer; and
Such other Members as PNC shall decide.

4.2 Only Members of PNC may nominated to become Committee Members.

4.3 There shall be a minimum of three Committee Members, in addition to the Officers.

4.4 A Committee member can hold the position for a period of 3 years. At that stage, they must stand down and can be re-elected or a new committee member instated.

5.0 Cessation of Committee Membership

5.1 Persons cease to be Committee Members when:

They resign by giving written notice to the Committee.
They are removed by majority vote of PNC at General meeting.
Their Term expires after 3 years.

5.2 If a person ceases to be a Committee Member, that person must within one month give to the Committee all Society documents and property.

6.0 Appointment and nomination of the Executive Committee Members

6.1 PNC executive committee will stand down every 3 years. The previous PNC executive committee can be re-elected by nomination process.

6.2 An executive member may voluntarily stand down from their role, before the 3 year term is complete. In this case, the club members will be made aware so they make nominations for the open role.

6.3 A new executive committee member can be appointed at AGM or SGM. Nominations for members of the executive committee shall be called for at least 28 days before an AGM or SGM. 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. All retiring members of the Committee shall be eligible for re-election.

6.4 Each club member present at a PNC meeting can vote for nominees. Once a nominee receives a majority of votes, they are the appointed new executive committee member for the following 3 years.

6.6 No individual shall act as a nominee for more than one executive committee role at the same

6.7 No individual committee member may hold a two roles in the executive committee.

6.8 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.

6.9 If the position of any executive 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.

6.10 If any Committee Member or executive committee member is absent from three consecutive meetings without leave of absence the Chair/President may declare that person’s position to be vacant.

7.0 Role of the Committee and Executive committee

7.1 Subject to the rules of PNC the role of the executive Committee is to make decisions in the following:

Administer, manage, and control PNC;
Carry out the purposes of the PNC, and Use Money or Other Assets to do that;
Manage PNC’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 where necessary
Ensure that all Members follow the Rules;
Decide how a person becomes a Member, and how a person stops being a Member;
Decide the times and dates for Meetings, and set the agenda for Meetings;
Decide the procedures for dealing with complaints;
Set Membership fees, including subscriptions and levies;
Make regulations.
Manage and support all health and safety of PNC

7.2 All decisions of the executive 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.

7.3 The general committee consists of any club member or parent who wants to support the functioning of the club. They support the executive committee in discussions and outworking any plans made by executive committee.

7.4 Every committee member (executive and general commitee) has the responsibility to support the wider club by meeting parents, supporting teams and generally being known to the PNC community.

8.0 Roles of Committee Members

8.1 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;
Chairing Meetings, deciding who may speak and when;
Overseeing the operation of PNC;
Providing a report on the operations of PNC at each Annual General Meeting.
To be a supportive leader for all Executive Members and provide an induction to new Executive members.
To approve applications for funding and/or sponsorship for designated items or projects to improve PNC. The President shall have the Casting Vote in addition to her deliberate vote.

The President and Executive committee shall have power to delegate any of its powers to a subcommittee, to deal with any particular matter or matters and upon such terms as the Committee may think fit.

Am responsible alongside executive community for the finances of PNC.

8.2 The Secretary is responsible for:

Recording the minutes of Meetings, send minutes out to general committee within a week of meeting.
Keeping the Register of Members;
Holding PNC's records, documents, and books except those required for the Treasurer’s function;
Receiving and replying to correspondence as required by the Committee;
Forwarding the annual financial statements for PNC 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 changes;
Prepare the agenda for PNC meetings (AGM, SGM and General meetings) in consultation with the Chairperson. Make arrangements including venue, date, times and hospitality for club meetings. Give relevant members notice of meetings (10 business days).
AGM administration including but not limited to collating annual report and gathering nominations for new executive committee.
Set up and manage sporty website for registrations. Committee will meet to allocate teams once registrations are complete. Liaise with CNC to register PNC teams. Communicate with CNC about registration and general club correspondence.
Read, reply, file and manage correspondence promptly. Maintain files of legal documents such as constitutions.
General administration of executive committee.

8.3 The Treasurer is responsible for:

Keeping proper accounting records of PNC’s financial transactions to allow PNC’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).
Providing a financial report at each Annual General Meeting;
Providing financial information to the Committee as the Committee determines.
Invoice members for registrations. Invoice all groups/members for, Representative Tournament fees etc.
Ensure all money received is receipted and banked promptly (within 3 days). Maintain accurate records of income and expenditure
Be the signatory on bank account - with at least one other person(as deemed appropriate by the Executive Committee)
Ensure all appropriate annual returns are filed with the Registrar of Incorporated Societies or any other required regulatory body
Assist the Secretary by responding to incoming correspondence requiring financial reporting
Liaise with CNC administrator and secretary with sponsorship, funding applications and fundraising
You cannot and should not operate in isolation. All other executive committee members must have input into the formation of the PNC finances

9.0 General Committee Meetings

9.1 General meetings are held on a regular basis, at least monthly (however can be sooner if determined by the executive committee).

9.2 General meetings discuss the day to day functioning of the club including registrations, subs, fundraising, funding applications etc.

9.3 Committee meetings may be held via video or telephone conference, or other formats as the Committee may decide;

9.2 No Committee Meeting may be held unless more than half of the Committee Members attend;

9.3 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;

9.4 Decisions of the Committee shall be by majority vote;

9.5 The Chair/President or person acting as Chair/President has a casting vote, that is, a second vote;

9.6 Only Committee Members present at a Committee Meeting may vote at that Committee Meeting.

9.7 Subject to these Rules, the Committee may regulate its own practices;

9.8 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 PNC, 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.

9.10 Committee meetings consist of Executive committee and general committee.

PNC membership

10.0 Types of Members

10.1 To become an Ordinary member, a person must;

(a) complete a registration form

(b) Provide any additional information requested by the Executive committee

10.2 An ordinary member can become a life member if;

(a) The executive committee recommends that PNC should appoint the ordinary member as a Life member; and

(b) PNC club passes the resolution appointing the Ordinary member as a life member by two-thirds majority of those members present and voting.

10.3 A person who’s membership had been terminated, can have their membership re-instated if the Executive committee agree so and set guidelines in place to avoid further breach of PNC rules, constitution and values.

11.0 Cessation of Membership

11.0 Cessation of membership:

11.1 An Individual Member may withdraw his/her membership of PNC by giving notice in writing to the PNC Executive committee. Upon payment of any debts or outstanding fees to PNC that Member's membership of PNC will automatically cease.

11.2 A membership may be terminated if the member acts outside of the values, rules and or constitution of PNC. The executive committee to agree on the best way forward for the membership termination or other possible resolution.

12.0 Obligations of Members

12.1 Obligations of members

(a) All members (ordinary, executive, committee, life) shall promote the purpose of PNC, abide by these rules and shall do nothing to bring PNC into disrepute.

12.2 Record of membership shall be within the role of secretary and shall

(a) maintain a Register in which shall be entered the full name, address, association with the club, their occupation, the date of birth of each Member and any other information that the PNC Executive committee determines is appropriate.

(b) All Individual Members shall provide written notice of any change to the details within 14 days of the change.

( c) The PNC shall, in collecting personal information for the Register seek the consent of the individual concerned and at all times comply with the Privacy Act 1993.

(d) Any entry on the Register shall be available for inspection by Members and Board Members upon reasonable request and in compliance with the Privacy Act 1993.

Money and other assets of PNC

13.0 Use of Money and Other Assets

13.1 PNC may only use money and other assets if:

(a) it is for the purpose of PNC

(b) it is not for the sole personal and individual benefit of any member; and

( c) The use has been approved by either the executive committee or majority vote of PNC.

14.0 Fees and subscriptions

14.1 PNC shall decide in a committee meeting what a member must pay to join PNC

14.2 If any member does not pay a subscription or levy by set date, the committee will create a plan best support this member to make payment. If the member breaks the plan made then the member shall have no membership rights or participate in club activity, until all arrears are paid.

15.0 Additional Powers

15.1 PNC may:

Employ people for the purposes of PNC;
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 any Society Meeting.

16.0 Financial Year

16.1 The financial year of PNC begins on 31 March of every year and ends on 1 April of the next year.

17.0 Assurance on the Financial Statements

17.1 PNC shall appoint an accountant to review the annual financial statements of PNC (“the Reviewer”). The Reviewer shall conduct an examination with the objective of providing a report that nothing has come to the Reviewer’s attention to cause the Reviewer to believe that the financial information is not presented in accordance with PNC’s accounting policies. The Reviewer must be a suitably qualified person, preferably a member of the New Zealand Institute of Chartered Accountants, and must not be a member of the Committee, or an employee of PNC. If PNC appoints a Reviewer who is unable to act for some reason, the Committee shall appoint another Reviewer as a replacement.

The Committee is responsible to provide the Reviewer 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 reviewer may request from the Committee for the purpose of the review; and
Reasonable access to persons within PNC from whom the reviewer determines it necessary to obtain evidence.

Conduct of meetings

18.0 PNC Meetings – Annual General Meetings and Special General Meetings

18.1 A PNC Annual General Meeting (AGM) shall be held once a year before 31st October. The committee shall determine when and where the meeting shall be. All members of PNC to be notified in writing of the date and time.

18.2 Special General meetings (SGM) may be called by the Committee. If the secretary were to receive a written enquiry requiring a meeting that is signed by majority PNC members a meeting has to be arranged within a fortnight.

18.3 The secretary to give members at least 20 days notice of AGM or SGM.

18.4 All members may attend any PNC meeting will have one vote each.

18.5 A PNC SGM or AGM must have 15 or more members attend to be held.

18.6 An AGM and SGM to be chaired by the club President. If the president is not present, PNC shall elect another committee member to chair the meeting. Whomever chairs the meeting has the casting vote.

18.7 On any given motion at PNC meeting, the chairperson shall in good faith determine whether to vote by:

(a) voices

(b) show of hands

( c) secret ballot

18.8 Business of the AGM shall be to

(a) confirm any minutes of previous meetings

(b) Receive any reports on the business of PNC

(c ) Election of officers and committee members

(d) motions to consider

19.0 Motions at Society Meetings

19.1 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 PNC will vote on the motion. However, if the Member’s Motion is signed by at least 25% of eligible Members:

It must be voted on at PNC Meeting chosen by the Member; and
The Secretary must give the Member’s Information to all Members at least 14 days before PNC 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.

19.2 The Committee may also decide to put forward motions for PNC to vote on (“Committee Motions”) which shall be suitably notified.

Common seal

20.0 PNC shall have a common seal. The PNC common seal will be used in all legal documents and contracts that PNC enters. A document shall be executed on behalf of PNC if:

(a) the common seal is attached to document

(b) the document is witnessed by any on fo the president, secretary or treasurer and countersigned by one other member of the committee.

Altering the rules

21.0 Altering the Rules

21.1 PNC may alter or replace these Rules at PNC meeting by a resolution passed by a two-thirds majority of those Members present and voting.

21.2 Any proposed motion to amend or replace these Rules shall be signed by at least [number] % of eligible Members and given in writing to the Secretary at least 10 business days before PNC Meeting at which the motion is to be considered, and accompanied by a written explanation of the reasons for the proposal.

21.3 At least 10 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.

21.4 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

22.0 Bylaws to govern PNC

22.1 The Committee may from time-to-time make, alter or rescind bylaws for the general management of PNC, 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 PNC. A copy of the bylaws for the time being, shall be available for inspection by any member on request to the Secretary.

Winding up

23.0 Winding up

26.1 If PNC is wound up:

PNC’s debts, costs and liabilities shall be paid;
Surplus Money and Other Assets of PNC may be disposed of to some charitable organisation or body having similar objects
No distribution may be made to any Member;

Definitions

24.0 Definitions and Miscellaneous matters

24.1 In these Rules:

“Majority vote” 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.
“Money or Other Assets” means any real or personal property or any interest therein, owned or controlled to any extent by PNC.
“Society Meeting” means any Annual General Meeting, or any Special General Meeting, but not a Committee Meeting.
“Use Money or Other Assets” means to use, handle, invest, transfer, give, apply, expend, dispose of, or in any other way deal with, Money or Other Assets.
“Written Notice” means communication by post, electronic means (including email, and website posting), or advertisement in periodicals, or a combination of these methods.
‘PNC meeting’ refers to Annual general meeting, Special general meeting or General meeting.
It is assumed that
1. Where a masculine is used, the feminine is included
2. Where the singular is used, plural forms of the noun are also inferred
3. Headings are a matter of reference and not a part of the rules
Matters not covered in these rules shall be decided upon by the Committee.