Constitution of Tai Tapu Netball Club Incorporated
Effective from Oct 2025
1. Name
The name of the society is Tai Tapu Netball Club Incorporated ("the Club").
2. Purpose
The Club is established to:
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Promote and foster the sport of netball in the Tai Tapu area;
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Provide opportunities for participation, training, competition, and development at all levels;
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Encourage community engagement and sportsmanship through netball;
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Operate as a non-profit for the benefit of its members and the wider community;
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At all times to act on behalf of, and in the interests of, the club members and netball
3. Registered Office
3.1 The registered office of the Club is at the Tennis Pavilion, Rhodes Park Domain, Old Tai Tapu Road, Tai Tapu.
3.2 Changes to the registered office shall be notified to the Registrar of Incorporated Societies—
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at least 5 working days before the change of address for the registered office is due to take effect, and
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in a form and as required by the Act.
4. Membership
4.1 Classes of Members:
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Full Members (players, coaches, volunteers) - (under 18 – non-voting);
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Life Members (appointed for outstanding service – voting);
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Associate Members (supporters, sponsors – non-voting).
4.1a Life Members
The distinction of Life Membership may be conferred for special services to the Club e.g. minimum 10 years as committee and/or coach. Nomination must be submitted to the committee for consideration.
4.2 Admission:
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Members must agree to comply with this Constitution and any policies or codes of conduct.
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An applicant for membership must complete and sign any application form and supply any information as may be reasonably required by the Committee regarding an application for membership and will become a Member on acceptance of that application by the Committee.
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The Committee may accept or decline an application for membership at its sole discretion. The Committee must advise the applicant of its decision.
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The application of every Member to become a Society Member shall be retained in the Society’s membership records.
4.3 Cessation:
Membership for Full Members and Associate Members ceases at the end of each netball season or earlier if a member resigns, dies, or is removed by resolution of the Committee for good cause, including misconduct.
5. Rights and Obligations of Members
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Members must act in the best interests of the Club.
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Full Members (aged 18 and over) and Life Members are entitled to vote at general meetings.
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All members must comply with the Club’s Constitution and policies.
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To wear the uniform of the Club in a neat and tidy manner and to care for such uniform, returning it at the end of the season in a clean and undamaged condition.
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To behave in a responsible and sporting manner.
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To pay fees and bond as set by the Club and within the required timeframe.
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After 3 years of not playing for the Club, if the bond has not been reclaimed it will be retained by the Club to support the activities of the Club and for the purposes of benefitting the Club.
6. Governance
6.1 The Committee:
The Club shall be governed by a Committee of not fewer than 5 members.
6.2 Rule of the Selwyn Netball Centre Inc
The rulings of the Selwyn Netball Centre Inc and official decision shall govern the decisions of this Club.
6.2 Powers:
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The Committee may manage the affairs of the Club, including financial decisions, strategy, and policies;
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To appoint sub-committees who shall report to the officers and committee
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To fill any vacancies that may occur except that in the absence or resignation of the President, a Chairperson shall be appointed to convene the meeting;
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To decide any matter not herein provided for;
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The Officers and Committee have the power to decide any disciplinary measures that may be necessary.
6.3 Duties:
Committee members must:
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Act in good faith and in the Club’s best interests;
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Exercise reasonable care and diligence;
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Avoid conflicts of interest;
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Comply with the Incorporated Societies Act 2022.
6.3a The President Shall
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Where possible, preside at all annual and ordinary meetings;
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Be an ex-officio member of all sub-committees
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Present an annual report to the AGM
6.3b The Secretary Shall
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Act with the President
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Give notice of all meetings
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Take and keep minutes of all meetings
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Conduct all general correspondence under the direction of the club and keep copies thereof
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Keep such other records as required
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Keep register of all club members
6.3c The Treasurer Shall
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Receive all monies and pay all accounts
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Bank all monies in account or accounts approved by the officers and committee
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Kep proper books and receipts of all monies paid out
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Keep an account of the finances of the club and given an up to date report of same when requested by officers and committee
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Prepare the Annual Statement of Accounts of audit and presentation to the AGM
6.4 Election and Term:
Committee members shall be elected at the Annual General Meeting (AGM) and serve a one-year term, re-elected.
6.5 Officers:
The Committee shall elect a President, Secretary, and Treasurer from among its members.
6.6 Contact Person
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The Society shall have at least 1 but no more than 3 contact person(s) whom the Registrar can contact when needed.
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The Society’s contact person must be:
a)
At least 18 years of age, and
b)
Ordinarily resident in New Zealand.
c)
A contact person can be appointed by the Committee or elected by the Members at a General Meeting.
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Each contact person’s name must be provided to the Registrar of Incorporated Societies, along with their contact details, including:
a)
a physical address or an electronic address, and
b)
a telephone number.
c)
Any change in that contact person or that person’s name or contact details shall be advised to the Registrar of Incorporated Societies within 20 Working Days of that change occurring, or the Society becoming aware of the change.
7. General Meetings
7.1 Annual General Meeting (AGM):
Held within 6 months of the end of each financial year. The business includes:
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Presentation of financial statements and reports;
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Election of Committee members;
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Appointment of reviewer or auditor (if required);
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Any other business;
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At least fourteen (14) days notice in writing shall be given of any AGM or Special meeting
7.2 Special General Meetings:
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May be called by the Committee or at the written request of at least 10% of voting members.
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At least fourteen (14) days notice in writing shall be given of any AGM or Special meeting
7.3 Quorum:
A quorum will be a minimum of 5 voting members, including at least 3 Committee members.
7.4 Voting:
Decisions are made by majority vote of those present and eligible to vote.
8. Conflict of Interest
Any Committee member with a conflict must disclose it and not participate in decisions related to the matter.
9. Financial Matters
9.1 Control:
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The Club shall maintain proper financial records and operate a bank account;
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The funds of the Club shall come from club fees, which shall be decided annually, as well as grants, levies, donations etc;
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The bank accounts shall be in the name of the Tai Tapu Netball Club Inc.;
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A minimum of two (2) Trustees to be appointed at the AGM
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An auditor shall be appointed at the AGM
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Subs shall be paid in advance and due by the first competition game of the season
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No refunds except at the discretion of the Committee
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Discounts may be considered by the Committee
9.2 Use of Funds:
Funds shall only be used for the Club’s purposes. No member may receive financial gain from the Club (except for reimbursements for purchases made on behalf of the Club).
9.3 Reviewer:
A financial reviewer or auditor shall be appointed if required by the Act or a resolution of members.
9.4 Financial Year:
The financial year ends on 31 October.
10. Alteration of Constitution
Changes may be made by resolution of a two-thirds majority of voting members at a general meeting, provided at least 14 days’ notice of the proposed change is given.
11. Disputes Resolution
11.1 How complaint is made
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A member or an officer may make a complaint by giving to the committee (or a complaints subcommittee) a notice in writing that —
a.
states that the member or officer is starting a procedure for resolving a dispute in accordance with the society’s constitution; and
b.
sets out the allegation to which the dispute relates and whom the allegation is against; and
c.
sets out any other information reasonably required by the society.
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The society may make a complaint involving an allegation against a member or an officer by giving to the member or officer a notice in writing that —
a.
states that the society is starting a procedure for resolving a dispute in accordance with the society’s constitution; and
b.
sets out the allegation to which the dispute relates.
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The information given must be enough to ensure that a person against whom an allegation is made is fairly advised of the allegation concerning them, with sufficient details given to enable them to prepare a response.
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A complaint may be made in any other reasonable manner permitted by the society’s constitution.
11.2 Person who makes complaint has right to be heard
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A member or an officer who makes a complaint has a right to be heard before the complaint is resolved or any outcome is determined.
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If the society makes a complaint —
a.
the society has a right to be heard before the complaint is resolved or any outcome is determined; and
b.
an officer may exercise that right on behalf of the society.
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Without limiting the manner in which the member, officer, or society may be given the right to be heard, they must be taken to have been given the right if —
a.
they have a reasonable opportunity to be heard in writing or at an oral hearing (if one is held); and
b.
an oral hearing is held if the decision maker considers that an oral hearing is needed to ensure an adequate hearing; and
c.
an oral hearing (if any) is held before the decision maker; and
d.
the member’s, officer’s, or society’s written statement or submissions (if any) are considered by the decision maker.
11.3 Person who is subject of complaint has right to be heard
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This clause applies if a complaint involves an allegation that a member, an officer, or the society (the respondent) —
a.
has engaged in misconduct; or
b.
has breached, or is likely to breach, a duty under the society’s constitution or bylaws or the Incorporated Societies Act 2022; or
c.
has damaged the rights or interests of a member or the rights or interests of members generally.
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The respondent has a right to be heard before the complaint is resolved or any outcome is determined.
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If the respondent is the society, an officer may exercise the right on behalf of the society.
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Without limiting the manner in which a respondent may be given a right to be heard, a respondent must be taken to have been given the right if —
a.
the respondent is fairly advised of all allegations concerning the respondent, with sufficient details and time given to enable the respondent to prepare a response; and
b.
the respondent has a reasonable opportunity to be heard in writing or at an oral hearing (if one is held); and
c.
an oral hearing is held if the decision maker considers that an oral hearing is needed to ensure an adequate hearing; and
d.
an oral hearing (if any) is held before the decision maker; and
e.
the respondent’s written statement or submissions (if any) are considered by the decision maker.
11.4 Investigating and determining dispute
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The society must, as soon as is reasonably practicable after receiving or becoming aware of a complaint made in accordance with its constitution, ensure that the dispute is investigated and determined.
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Disputes must be dealt with under the constitution in a fair, efficient, and effective manner.
11.5 Society may decide not to proceed further with complaint
Despite the clause 'Investigating and determining dispute' above, the society may decide not to proceed further with a complaint if —
a.
the complaint is trivial; or
b.
the complaint does not appear to disclose or involve any allegation of the following kind:
i.
that a member or an officer has engaged in material misconduct:
ii.
that a member, an officer, or the society has materially breached, or is likely to materially breach, a duty under the society’s constitution or bylaws or the Incorporated Societies Act 2022:
iii.
that a member’s rights or interests or members’ rights or interests generally have been materially damaged:
c.
the complaint appears to be without foundation or there is no apparent evidence to support it; or
d.
the person who makes the complaint has an insignificant interest in the matter; or
e.
the conduct, incident, event, or issue giving rise to the complaint has already been investigated and dealt with under the constitution; or
f.
there has been an undue delay in making the complaint.
11.6 Society may refer complaint
1.
The society may refer a complaint to —
a.
a subcommittee or an external person to investigate and report; or
b.
a subcommittee, an arbitral tribunal, or an external person to investigate and make a decision.
2.
The society may, with the consent of all parties to a complaint, refer the complaint to any type of consensual dispute resolution (for example, mediation, facilitation, or a tikanga-based practice).
11.7 Decision makers
A person may not act as a decision maker in relation to a complaint if 2 or more members of the committee or a complaints subcommittee consider that there are reasonable grounds to believe that the person may not be —
a.
impartial; or
b.
able to consider the matter without a predetermined view.
12. Winding Up
12.1 In the event of winding up:
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Surplus assets must be distributed to a similar non-profit organisation;
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No distribution may be made to members.
12.2 The Society may be removed from the Register of Incorporated Societies in accordance with the provisions of Part 5 of the Act.
12.3 The Committee shall give twenty (20) Working Days written Notice to all Members of the proposed resolution to remove the Society from the Register of Incorporated Societies.
12.4 The Committee shall also give written Notice to all Members of the General Meeting at which any such proposed resolution is to be considered. The Notice shall include all information as required by section 228(4) of the Act.
12.5 Any resolution to remove the Society from the Register of Incorporated Societies must be passed by a majority of all Members present and voting.
13. Compliance
13.1 This Constitution complies with the Incorporated Societies Act 2022. Any matter not covered will be governed by the provisions of the Act.
13.2 Act and Regulations: Nothing in this Constitution authorises the Society to do anything which contravenes or is inconsistent with the Act, any regulations made under the Act, or any other legislation.
14. Indemnity of Officers
No officers of The Club shall be liable for the acts, receipts, neglects or defaults of any officer of The Club. Nor for any loss occasioned by any error of judgement or oversight on their part. Nor for any loss, damage or misfortune whatever shall happen in the execution of the duties of their office, or in relation thereof, unless the same happens through their on wilful default or dishonesty.