Rules and Constitution

Te Anau Club (Incorporated) Rules

1. NAME

The name is the Te Anau Club (Incorporated), hereafter called The Club.

2. REGISTERED OFFICE

The registered office of The Club shall be at WHK Cook Adams, Chartered Accountants, Town Centre, Te Anau, or such other place as the Management committee of The Club shall from time to time decide.

3. OBJECTIVES

The objectives of the Club are:-
1. To conduct, administer, and maintain a Chartered Club for the benefit and welfare of its members, and for such other persons as are authorised from time to time, in accordance with the terms of any licence issued to The Club under the Sale of Liquor Act 1989, its amendments or any subsequent legislation.

2. To be a respected body in the community, providing its members and the community with amenities for recreation, entertainment, and cultural activities.

3. To provide a relaxed atmosphere where members can meet and enjoy each others company.

4. To promote sporting activities.

4. MEMBERSHIP

Membership of the club shall consist of:
1. Ordinary Members and Life Members. Membership shall be open to both men and women of a minimum age as may be authorized by the Sale of Liquor Act 1989 and its amendments or any subsequent legislation.

These members shall be entitled to the rights and privileges' as follows.

a) Entry into the club premises during such hours as may be defined by the committee. (See rule 25)
b) The right to hold office in accordance with the rules of the club.
c) The right to attend the Annual General meeting or Extraordinary General Meeting and to vote as an individual on all matters in accordance with rule 19.

2. Corporate Members as approved by the club committee upon receipt of a request from the corporate body along with details of the intended use of the club premises.
These members shall be entitled to the rights and privileges' as follows.
a) The use of the club premises and facilities at a designated time weekly or otherwise as agreed to for meeting or functions of the corporate body.
b) The right of all members of the corporate body to use the full club facilities during the meeting or function time. (Being a member of a corporate body that has membership of the club does not give that member any rights to the use of the club outside the designated meeting or function time except those under the rules as a visitor.)
c) The right to three votes on all matters at the Annual General Meeting or Extraordinary General Meeting. Members of the Corporate Body taking up this right must identify themselves and the body they are representing upon entering the meeting. (If they are also individual members of the club they are only entitled to ONE vote whether it is on their own behalf or on behalf of the Corporate Body.)

3. Youth members aged between 13 and 18 years.

a) Youth members shall have the same rights and privileges as an ordinary member with the following exceptions:
i. Youth members are not allowed to hold office.
ii. Youth members have no voting rights at the AGM or any special meeting.

b) Youth members are subject to the same rules and bylaws as ordinary members with regard to their conduct while on club premises.
c) Youth members are subject to all current legislatures e.g. those that cover the sale of liquor, consumption of liquor on licensed premises, and gaming machines.
d) Youth membership is automatically changed to full membership when the member reaches the current legal drinking age.

5. ADMISSION OF NEW MEMBERS

1. Each candidate for membership shall be nominated in writing by two financial members of The Club on a form provided for that purpose. The nomination form shall include the fore names, surname, age, and residential address of the candidate, and an undertaking that they will abide by the Rules of The Club. At the time of nomination, the candidate shall deposit, such sum as set at the AGM. The name of the candidate shall be posted on The Club notice board for at least fourteen (14) clear days before election.

2. While any nomination is so displayed, any financial member of The Club may, in writing to the Secretary, object to the nomination. Any objection so lodged during that period of posting shall be considered by the Committee. Election shall be by ballot at the first Committee meeting held after the expiration of the said fourteen (14) days.

3. Any candidate not accepted for membership shall have their deposit returned, and the committee shall not be required to give any explanation.

4. No person shall be eligible for membership who has been expelled from any Chartered Club during the past twelve (12) months, or is still under expulsion.

6. TERMINATION OF MEMBERSHIP

1. BY RESIGNATION. Any member may resign their membership by letter addressed to the Secretary Manager of The Club to that effect.

2. BY EXPULSION. Any individual member who is guilty of misconduct, or commits an offence under these rules or The Club By Laws, render themselves liable to expulsion on a majority decision of the Management Committee. Members shall have the right to appear at and be heard at any meeting considering a complaint against them.

3. APPEAL. Any member expelled shall have the right of appeal to a Board of Appeal. (see rule 28)

4. NON PAYMENT OF SUBS. Any member who has not paid their annual subscription by the last day of March.

7 SUBSCRIPTIONS

1. All subscriptions shall be paid in advance. The Annual subscription and nomination fee, are set at the Annual General Meeting ( AGM )

2. The subscription year of The Club shall commence on the first day of January each year and subscriptions shall become payable on that date. Members who allow their subscription to fall into arrears six (6) weeks will be notified and if subscription is not paid by the last day of March they will be deemed to have resigned their membership. The Committee may instruct the Secretary to strike such members name from the register. ( see rule 6 (4) )

3. The Committee may grant any member leave of absence if away from the district or becoming incapacitated through illness, accident, or distress. Upon application in writing to the Secretary, their subscription may be suspended, or remitted.

8 LIFE MEMBERS

1. The Club in Annual General Meeting, upon recommendation by the Committee, may grant Life Membership to any member for meritorious service rendered to or on behalf of The Club.

2. Notice of intention to recommend shall be posted on The Club notice board for at least fourteen (14) clear days prior to the Annual General Meeting. The number of Life Members shall not at any time exceed two (2) per cent of the total membership of The Club.

3. Life Members, and their partner, will not be liable for any subscription.

9 COMMITTEE OF MANAGEMENT

1. Decisions relating to the clubs finances, direction, overall management and members of The Club shall be made by a Committee comprising:-
a) President.
b) Vice President.
c) Seven (7) Committee Members

2. The Committee shall be elected in the following manner:
(a) Nomination for the Committee shall be made in writing on a form provided for the purpose and shall be deposited with the Secretary Manager at least fourteen (14) days prior to the Annual General Meeting of members. The nominee and their proposer and seconder shall, at the date of nomination be financial members of The Club. If any is not then the nomination is void.
(b) The election shall be by secret ballot at the AGM. Members present at the AGM along with written proxy and postal votes will be counted. ( See Rule 19 )
(c) Any vacancy on the Committee shall be filled by the Committee Co-opting a financial member. Unsuccessful candidate polling highest at last election shall automatically be elected to fill such a vacancy. Such person shall hold office until the next AGM.
(d) Employees, who are members of The Club shall not be eligible to serve on the Committee, but shall have all other membership rights.
(e) The candidates for the office of President, and Vice President, must have been on the Committee for at least a full year prior to election. The candidates for the office of Committee must have been a financial member of The Club for at least a full year prior to election.

3. A member of the Committee shall vacate their office if they:-
a) Are absent from three (3) consecutive meetings of the Committee without the leave of the Committee.
b) By notice in writing to the Committee resigning their office.
c) By notice in writing from the Committee if called upon to resign for any reason which the Committee deems expedient and they do not resign.

4. The President, Vice President, or Committee Member shall have the power to suspend a member from the privileges of The Club who shall, after being duly warned, persist in creating a disturbance in The Club. This action is to be advised to the Secretary as soon as possible. The Secretary will call a meeting of the disciplinary Committee. (See also Rule 28).

10 PRESIDENT AND VICE PRESIDENT

1. The President shall preside at all meetings of The Club and the Committee. If absent, the Vice President shall preside, and failing both the meeting shall elect a chairperson. The chairperson of any meeting shall have a deliberate and a casting vote.

2. The President and Vice President shall be ex-officio members of all sub-committees. The President and Vice President shall have the right of entry upon The Club premises or building at any time.

3. If both the President and Vice President are absent for a period of time and are not available to carry out their duties they shall delegate a committee member to act as chair at meetings and carry out any other administrative duties on their behalf. The delegation shall be given in the form of a letter with a copy kept with the committee meeting minutes.

11 TREASURER

The Treasurer shall be elected from within the Committee to ensure that the Secretary / Manager pays into the Bank for the credit of The Club all moneys received and shall furnish the Committee at each ordinary meeting with a detailed report of the previous month's receipts and payments.

12 AUDITOR

An Auditor who shall be a member of the Institute of Chartered Accountants of New Zealand shall be appointed to undertake an audit.  An audit will be undertaken bi-annually with an accounting review to be carried out in the intervening year.  The exception to this is the Gaming Audit must be undertaken annually and in the event that a Management Staff leaves then a full audit will be carried out irrespective of the year. The auditor shall not hold any other office in the Club. They shall have the right to attend any meeting of The Club at which The Club's financial affairs are under discussion.

13 MANAGER

The Club shall appoint a Manager whose conditions and responsibilities will be set out in an employment contract which will be agreed on and signed by both parties soon after their appointment.

In the first instance the manager will be responsible to the President and Vice president of the club and will liaise with them regarding decisions and management of the club.
Matters which committee members or any other member wishes to raise with the manager regarding the management of the club must go through the President or Vice President if the President is unavailable.

14 SECRETARY

The Club shall appoint a Secretary whose duties shall be to attend to the accounting and clerical duties of The Club, to take minutes of Committee and General Meetings and generally to carry out such duties as shall from time to time be required by the committee or manager. Nothing in this rule shall preclude the engaging of outside services by either the manager or committee in the performance of any of the above duties. The committee may if it wishes combine the role of secretary with that of the manager.

15 ANNUAL GENERAL MEETING

The Annual General Meeting of The Club shall be held within a 90 day period after the close of the financial year. At a time and place as shall be fixed by the Committee. At least fourteen (14) days notice of such AGM, stating the nature of the business to be brought before the meeting shall be given by notice posted on The Club notice board, a copy of such notice forwarded to each member fourteen (14) clear days prior to the meeting, and by an advertisement in the daily newspaper.

16 EXTRAORDINARY GENERAL MEETING

An Extraordinary General Meeting shall be convened within fourteen (14) days of a request to the Secretary by the President, a requisition in writing by the majority of the Committee, or of twenty five (25) members. The object of any such requisition shall be specified in writing and shall be signed by the members making the requisition and shall be deposited with the Secretary. The meeting must be convened for the purpose specified in the requisition, and if convened otherwise than by the President or Committee, for that purpose only. Seven (7) clear days notice specifying the place, the day and hour of such Extraordinary General Meeting and the purpose for which it is to be held shall be posted on The Club notice board, and by an advertisement in the daily newspaper.

17 COMMITTEE MEETINGS

The Committee shall meet regularly and at least once in each calendar month at a time and place to be determined by the Committee.

Committee meetings are open to general members. Individual members may be invited to attend committee meetings by the committee on such occasions as it is felt their specific expertise may assist the committee. A member wishing to present any matter to the committee or speak to the committee regarding any matter at a committee meeting must first put their concerns in writing and pass these on to the Manager or President. It is then up to the chair to invite the said person along to a committee meeting. The member will be given a time frame to speak on the issue they have raised. If the matter raised requires a decision by the committee the member will be asked to leave the meeting while the committee discusses the issue. The member may then be asked back in for the committee's decision or they will be informed at a later date of the outcome.

Any member of the committee is required to declare a "conflict of interest" and leave a committee meeting during any discussion and voting on any matter or motion in which they may be seen as having a conflict of interest or being able to gain a pecuniary advantage from any decision made.

The committee may at any time during a meeting choose to go "into committee" to discuss any matter it considers sensitive. No record of these discussions will be kept. Committee members are bound not to speak of any matter discussed during these periods with anyone other than committee members unless asked to by the chair.

18 CONDUCT OF ANNUAL GENERAL MEETING

1. At the Annual General Meeting the first business shall be the discussion and adoption of the Annual Report and Balance Sheet. After being tabled, any member may without notice ask any question or move any resolution relative to the Report or the Statement of Accounts.

2. Any member intending to move a resolution bearing upon the Management of The Club during the past financial year, or regarding any other matter, must, unless the resolution can be founded on the Report or the Statement of Accounts, give notice of their motion, along with their name, to Secretary twenty one (21) days before the meeting. Such notice of motion shall be posted on The Club notice board, and forwarded to each member with the notice of the meeting.

3. The general rules of debate shall be followed, each member speaking only once to each motion or amendment except the mover who may reply. The mover of any resolution or substantial amendment shall be allowed five (5) minutes in which to introduce his proposition, and ten (10) minutes for reply, all other speakers will be allowed five (5) minutes. The chairperson shall decide whether any amendment proposed is a substantial amendment or not. If further discussions of any subject is desired, any member may move that the meeting go into committee on that subject. Such procedural motion shall be immediately put and decided by a show of hands. When in committee any member may move that the ordinary meeting be resumed. Such procedural motion shall be immediately put and decided by a show of hands.

4. Any General Meeting may be adjourned to any time not exceeding fourteen (14) days thereafter. In the event of there being no quorum within half an hour after the time fixed for a General Meeting, the meeting shall stand adjourned for not longer than fourteen (14) days. The new date to be decided by the Committee who shall give no less than three (3) days notice of the meeting by posting on The Club notice board, and by advertisement in the daily newspaper. In the event of there being no quorum then the meeting shall lapse.

19 VOTING

1. At any General Meeting of members every member shall be entitled to be present and, to give one vote and no more upon every question, provided however that in the case of equality of votes the chairperson of the meeting shall have a casting vote. Voting shall be on voices in the first instance, provided however that the chairperson on his own volition may, or on the application of three (3) members shall call for a show of hands. On a motion passed by the majority of those present the vote shall be taken by secret ballot.

2. Postal and written proxy votes will also be counted for the election of Committee and Appeal Board only.

20 QUORUM

The quorum for:-
a) Committee Meeting shall be not less than five (5) of its members.
b) General Meeting of members shall be twenty five (25) members.

21 ACCOUNTS

The Committee shall cause to be kept true accounts:

1. Of all sums of money received and expended by The Club and the matters in respect of such receipt and expenditure take place.

2. Of all assets, and liabilities of The Club including any charges and securities of any description affecting any property of The Club.

3. The financial year of The Club shall begin on the first day of July in each year and shall expire on the last day of June the following year.

4. The books of accounts shall be kept at the office of The Club or other such place as the Committee may determine and shall be open to the inspection of active members at reasonable times. All monies received shall be forthwith paid into a bank approved by the Committee after being entered in the books of The Club as having been received.

5. All payments shall be reported to the Committee for confirmation at the next meeting next following pay-out. Payment of all moneys on behalf of The Club shall be made by the Treasurer in accord with rule 20 (6).

6. Monthly accounts are to be paid by cheque. Cheque signatories are to be any two of the Manager, President, Vice President and Trustees. The Manager may be given permission by the committee to pay all accounts by way of direct debit Internet banking.

7. At the Annual General Meeting of The Club, the Committee shall present a statement to the income and expenditure and a balance sheet containing a summary of the assets and liabilities of The Club made up to the end of financial year. Every such statement shall be accompanied by a report from the Committee as to the state of The Club.

8. The Club shall make returns required by Section 23 of the Incorporated Societies Act 1908, or by such other statutory provision for the time being in force and shall comply with all requirements of such Statute and other Regulations there under.

22 SEAL

1. The Club shall have a Common Seal which shall be kept in the custody and control of the Secretary and the documents to be executed by The Club of whatever nature shall be available to every member of The Club and shall be executed with the following attestation clause pursuant to a resolution of the Committee.

2. "The Common Seal of the Te Anau Club ( Incorporated ) was hereunto affixed by the Secretary in the presence of two (2) members of the Committee".

23 GENERAL POWERS

The Club shall have the power:

1. To take on lease, hire or otherwise acquire any real or personal property or rights or privileges which The Club may think necessary or convenient for the purpose of furthering the objectives of The Club.

2. To invest any moneys not required for immediate use in such Government, Local Body Securities, in Bank Deposits or Investments as may be deemed advisable. With power from time to time, to vary investments for others of a like nature, and to lease or hire or enjoy the benefit of any property presently occupied whether real or personal of any kind or nature whatsoever which may be conveniently used in connection with the objects of The Club.

3. To make Regulations and By-laws for the conduct of The Club and the discipline required of members,

4. To do all such things that in the opinion of The Club may be incidental to the attainment of any of the foregoing objectives or the exercise of any of the foregoing powers.

24 BORROWING MONEY

The Club shall have power to borrow or raise or give security for money by the issue of or upon bonds, debentures, debenture stock, bills of exchange, promissory notes or other obligations or securities of The Club by mortgage or charge upon all or any part of the property of The Club or without security and upon terms as to priority or otherwise as The Club shall think fit. This clause shall be enacted by three (3) Trustees, who shall be appointed by a General Meeting of members. They shall have been members of The Club for at least 5 years. They shall be ex-officio members of the Management Committee.

25 CLUB HOURS

The hours which The Club is open shall be set by Committee, within the licensing laws.

26 VISITORS

1. Any financial member may invite a friend as a visitor to the Club.  The visitor must be signed in by the accompanying member and will at all times be responsbile for the conduct of their visitor, they must be present with the visitor while on the premise.

2. No person shall become a regular or frequent visitor with an expected maximum of three visits in any one calendar year.                                       

3. Members of an affiliated Club and their guests may be granted admission to, and use of, The Club. They may be required to produce sufficient evidence that they are a member of an affiliated club.  Affiliated Club members must sign in their invited guests.

4. No person shall be introduced as a visitor who;
(a) Is a prohibited person under the Sale of Liquor Act 1989.
(b) Has been expelled from this or any other club during the past twelve months,
(c) Is under expulsion from this or any other club,
(d) Has been refused membership of The Club during the past twelve months.

5. No visitor shall be allowed to buy liquor from the bottle store, or otherwise take liquor off The Club premises.

27 OFFENCES

1. A member who has been charged with any criminal offence relating to the club, it's property, personal or finances shall have their membership suspended immediately and be banned from the club premises. If the charges are withdrawn by police or a court appearance results in a dismissal of the charges the member may apply to the committee in writing to have the suspension lifted. The committee's decision on this shall depend on the circumstances leading to the charge being laid. Should the club member be convicted of the criminal offence relating to the club their membership will be immediately revoked and they will have no visiting rights and be banned from club premises. They can have their membership renewed after a period of twelve (12) months following completion of any court sentence relating to the conviction. Application for the renewal of membership is to be in the form of a written application to the committee and can be granted provided that a three-fifths majority of the Committee then in office vote in favour of such re-election.

2. The Committee may by resolution suspend or expel any member who has been convicted of any criminal offence for which the offender is liable for a fine or imprisonment.

3. When it shall come to the knowledge of the Manager or Secretary that a member has been convicted of an offence, it shall be their duty to report the fact to the Committee at or before their next meeting.

28 BOARD OF APPEAL

1. There shall be a Board of Appeal consisting of five (5) members. The board shall consist of the current Trustees plus the secondment of sufficient members to bring the total to five. Seconded members of the board of appeal cannot be committee members and need to have the experience and/or expertise to enable them to make an impartial decision. It is the duty of the Board of Appeal to hear and decide any appeal lodged by a member or members against any decision resulting in their suspension or expulsion.

2. Any member being suspended or expelled and desiring to appeal must give notice in writing to the Secretary within seven (7) days of being notified of such suspension or expulsion stating the grounds for appealing.

3. The Secretary shall within forty eight (48) hours summon the members of the Board of Appeal who shall re-hear the case but shall not admit fresh evidence, except where an application has been made to the Committee for a re-hearing and has been refused. The decision of the Board of Appeal shall be final.

29 CLAIMS TO CLUB PROPERTY

No suspended, or expelled, or retiring, or financial member shall have any claim upon the Committee or The Club either collectively or individually or to any property belonging to The Club.

30 DISPUTES

Other than in Rules 27 and 28, every dispute between a member or persons claiming through a member under these Rules and The Club or an officer of The Club, shall be decided by the Committee and the decision shall be binding and conclusive on all parties, without appeal.

31 BY-LAWS

1. The Management Committee shall have the power to make Regulations and By¬laws dealing with all matters within the jurisdiction of The Club and not provided for in these Rules. Such changes to the Regulations or By-laws shall not be inconsistent or contrary to any existing Rule, Regulation or By-law of The Club, and are to be ratified at the next General Meeting of members.

2. Such Regulations or By-laws shall not be inconsistent or repugnant to the provisions of the Incorporated Societies Act 1908, and it's amendments, the Sale of Liquor Act 1989, or by such other statutory provision for the time being in force and shall comply with all requirements of such Statute and other Regulations there under, or of these Rules.

32 REVISION OF RULES

These Rules may be revised or amended by resolution passed be a majority of the members present at a General Meeting of which notice specifying the intention to revise the Rules has been duly given in accordance with these Rules. Any such alteration shall be approved by the Registrar of Incorporated Societies before becoming effective.

33 INTERPRETATION

In the interpretation of these Rules, the decision of the Committee shall be final and binding.

34 DISSOLUTION

The Club may be voluntarily dissolved as provided by Section 24 of the Incorporated Societies Act 1908, and it's amendments or by such other statutory provision for the time being in force and shall comply with all requirements of such Statute and other Regulations there under. All monies or assets left after settlement to all just debts, and affairs of The Club shall be handed over to some charitable organisation within this area, which shall be determined upon at the next committee meeting.

35 GENERAL

All matters provided for in these Rules shall at all times be dealt with in accordance with the following "guiding principals".

1. That it be accepted that The Club is established primarily for the benefit and convenience of its members.

2. That the admission of non-members should at all times be subordinated to the comfort, well-being and satisfaction of The Club's members.

3. That the admission of visitors should always be regarded as a privilege of the members, granted to enable them to dispense periodic hospitality to their casual guests and not as a means of augmenting the revenue of The Club.

4. That at all times the provisions of The Club Licence issued under The Supply of Liquor Act 1989 is to be maintained and upheld.

Te Anau Club (inc) By-Laws

Under Te Anau Club (Inc.) Rule 31 the Management Committee may make By-laws (not inconsistent with the Incorporated Societies Act 1908 or the Sale of Liquor Act 1989) for the regulation and management of The Club or parts of its business. Such changes to the Regulations or By-laws shall not be inconsistent or contrary to any existing Rule, Regulation or By-law of The Club, and are to be ratified at the next General Meeting.
The following By-laws have been adopted by the Te Anau Club (Inc.) but do not form part of the Rules and may be added to, changed or deleted by the members of The Club without reference to the Registrar of Incorporated Societies.
1. Any member removing any article or articles which are the property of The Club from the premises without the consent of the Committee or wilfully breaking, tearing or damaging any property of The Club and refusing to replace or make good the same shall render themselves liable to suspension or expulsion.

2. Any member convicted of bookmaking or an indictable offence or committing an offence within or without The Club likely to prejudice The Club's licence shall by their own actions cease to be a member of The Club.

3. Drunkenness, swearing, obscene language and other disorderly conduct shall not be permitted in The Club premises, and members persisting in offending may, after being cautioned by any officer of The Club or a Committee member render themselves liable for suspension or expulsion.
(a) Suspension by a committee member or an officer of The Club shall mean total exclusion from The Club's premises from the time of committal of the offence until such time as the matter has been dealt with by the Committee which may either cancel the suspension or confirm it for a defined period of time. The member shall in all cases be given the right to appear before the Committee.
(b) If in the opinion of the Committee a fine would be a more appropriate measure of discipline the Committee may levy such as an alternative. In no case, however, shall the Committee have the authority to levy a fine in excess of twenty five (25) dollars for each offence.
(c) Any disciplinary action taken will be entered in the minutes of the Committee meeting together with the name of the member complained of.

4. No raffle shall be allowed on The Club's premises or goods exhibited for that purpose except with the authority of the Committee.

5. No unlicensed or unlawful gambling or gaming shall be permitted in The Club.

6. No petition, except for the purpose of convening an Extraordinary General Meeting as provided for in the Rule 16 shall be allowed to circulate or signatures sought on the premises of The Club.

7. No business cards or notices shall be posted or hung on the premises without the sanction of the Committee, nor shall any member give the address of The Club in an advertisement or conduct any business in The Club or use The Club address for business purposes.

8. Members of the Committee shall at all times render assistance to the staff of The Club to maintain order or prevent infringement of the Rules, Regulations or By¬laws or terms of any Charter which may from time to time be granted.

9. Children shall be supervised at all times, and are not allowed to run around The Club, or be using the pool tables without adequate adult supervision.

10. Persons under the age of 18 are not to play the gaming machines in The Club.

11. The Rules, Regulations, and By-laws shall apply equally to each and every member of The Club.

12. Any resolution of the Committee involving expenditure of more than thirty thousand dollars $30,000 not contained in the usual trading accounts must first be submitted to a General Meeting or Special General Meeting for approval

MEMBER'S CERTIFICATE

We hereby certify that the foregoing Regulations and By-laws have been approved, passed and confirmed at a General Meeting of The Te Anau Club (Incorporated) members held on 30th August 2009.