Whangaroa Sport Fishing Club

CONSTITUTION OF THE WHANGAROA SPORT FISHING CLUB INCORPORATED

1) NAME:

To be known as Whangaroa Sport Fishing Club Incorporated.

2) OBJECTS:

To promote, advance, encourage, enjoy and develop the sport of and fishing for pleasure, in all its aspects, amongst the members of the Club and the public and all such other purposes connected with fishing for pleasure.

The accumulation of reliable piscatorial information.

The accurate weighing and recording of fish caught in accordance with the Club’s rules and International Gamefish Association rules.

The awarding of certificates for such catches if requested.

The doing of things which in the opinion of the Club may be conductive to the attainment of the above objects.

3) MEMBERSHIP:

(a) Honorary Life members

(b) Full Members

(d) Junior Members

(e) Day Members

(f) Complimentary Annual Members

(g) Weekly Members

(h) Social Members (non-voting)

(i) Restricted Membership

(j) Guests

3.a Honorary Life Members

Any member, on the recommendation of the Committee and approved by a majority at an Annual General Meeting shall be entitled to privileges of Full Member, during their lifetime, without being liable to subscription or any other charge.

3.b Full Members

Any person who is approved by the Committee of the Club, may become a member of the Club by payment of an annual subscription and agreement to abide by the Club’s rules, and may also be entitled to participate in all the Club’s activities.

3.c Family Members

A Family shall be Mr and Mrs, or named partners, with full voting rights, and their children who have not attained the age of 17 years.

3.d Junior Members

Any person who has not attained the age of 17 years at the time of joining the Club shall be eligible for Junior Membership.

Junior members shall have the right to speak but not vote nor hold office in the Club.

3.e Day Members

Day members’ rights are to be decided each year by the Committee.

3.f Complimentary Annual Members

The Committee may award a Complimentary Membership, not exceeding 1 year, to a person rendering special services to the Club.

3.g Weekly Members

Weekly members rights are to be decided each year by the Committee.

3.h Social Members

Any person shall be eligible for Social Membership. Subscription fee to be set by the committee. Social members are not able to vote, nor hold any office in the Club. Full membership must be taken out to obtain contest eligibility.

3.i Restricted Membership

Restricted Membership cost and hours to be decided each year by the committee.

3.j Guests

Any member introducing a guest to the Clubrooms must ensure that the guest has signed the Guest Book. All guests shall be subject to the rules and by-laws of the Club whilst they are in attendance. Any member(s) introducing a guest shall be responsible for that guests conduct.

All affiliated fishing and boating club members and members of Clubs which are affiliated to Clubs New Zealand are to abide by the Club rules and to have full use of the Club facilities. Affiliated fishing and boating club members and visiting Members of Clubs New Zealand are not able to vote, nor hold any office in the Club. All Affiliated Fishing and Boating Club Members and visiting Members of Clubs New Zealand are to sign the guest book.

3j Even though a subscription may be paid in advance, the Committee may, if it disapproves of such membership, order the refund of such subscription and the removal of the applicant’s name from the membership of the Club Members may tender resignation by handing same in writing to the Secretary at any time.

Membership shall run from 1st September to 31^st of August

Subscription shall be fixed at the Annual General Meeting for the upcoming year

4) OFFICERS:

The officers of the Club shall be

Patron

Executive officers President

One Vice President

Club Captain

Plus a Committee of 5 non-executive officers

All standing personnel of the Club must annually stand down and must be individually re-nominated and re-seconded at an Annual General Meeting.

Any nominee for a Club Committee position must have a nominator and a seconder and include acceptance of the nominee.

A nominee for a Club Committee position must be a full member of the Club, as must be the nominator and seconder of said nominee.

A written nomination will be accepted provided it is signed in acceptance by the nominee and includes the name of the nominator and the seconder.

Any member who does not signify in writing or by attendance his or her acceptance of nomination shall be barred from election to the Club Committee at an Annual General Meeting.

4a) Non Officers - The Secretary, Treasurer, Recorder and Weigh Person shall be contracted by the Executive Officers as elected at the Annual General Meeting of the Club.

The Secretary, Treasurer, and Recorder shall be employed in accordance with the Employment Contract Act currently applying.

5) ANNUAL GENERAL MEETING

As the financial year ends on 30 June each year, the Annual General Meeting shall take place on the second Saturday in August.

At least twenty one days notice shall be given.

Twenty five members shall form a quorum.

Only Full members who are financial for the current year are eligible to vote.

5a) ORDERS OF BUSINESS

i) Apologies

ii) Minutes of the Last Annual General Meeting and also any Special General Meeting(s)

iii) Business arising from this/these Meetings

iv) President’s Report

v) Treasurer’s Report

vi) Appointment of Chartered Accountant with Public Practice Certificate to review the annual financial statements of the Club.

vii) Secretary Manager’s Report

viii) Notice(s) of Motion

ix) Election of Officers

x) Fixing of Subscriptions

xi) General Business

5b) VOTING

(a) Voting for Officers shall be by ballot (papers provided at the door on the day) or by a show of hands. There will be no proxy votes.

(b) Voting shall be by ballot on any matters if requested by one or more members.

(d) Only full members and Honorary Life Members are eligible to vote.

(e) The President or Chairperson in the event of a tie shall have a casting vote.

(f) The candidates for office shall be displayed prominently, on the day, with nominator and seconder.

5c) CHAIRMAN

The President shall be Chairman. In the event of the President being absent, the Vice President shall chair the meeting.

5d) All procedures where not specially provided for herein shall be decided by the Chairman and his/her ruling shall be upheld at the meeting.

6) GENERAL COMMITTEE

In the event of any Committee Member’s failing to attend three consecutive meetings without reasonable excuse (of which the Committee shall be the sole judge), his or her seat may be declared vacant and the Secretary will inform him or her of this decision.

b) The Committee shall have the power to add or co-opt non-executive officers at their discretion with the co-opted person/s having no voting rights.

c) The Committee shall elect its own Chairman.

d) 4 elected officers to form a quorum.

e) The Committee shall elect Delegates to New Zealand Sport Fishing Council.

f) The Weigh Person shall appoint his/her own assistants, subject to Committee approval.

g) Immediate Past-President may attend meetings as a full Committee member for one year.

h) The Committee to appoint Photographers, Auditors, Publicity Officers and Judicial Committee.

7) FUNDS

The Committee shall, subject to the direction of the Club at an Annual General Meeting, have control of the Club’s funds and shall direct investment of the same.

The Committee shall nominate three Committee members along with the Treasurer and Secretary to be cheque signatories and authorize electronic transactions. Nominated Committee members shall sign cheques and authorize electronic transactions conjointly with the Treasurer or Secretary.

All payments of accounts must be presented to the Committee and passed by it.

Private Pecuniary Profit Any income, benefit or advantage must be used to advance the charitable purposes of the club.

No member of the organization, or anyone associated with a member, is allowed to take part in, or influence any decision made by the club in respect of payments to, or on behalf of, the member or associated person of any income, benefit, or advantage.

Any payments made to a member of the organization, or person associated with a member, must be for goods or services that advance the charitable purpose and must be reasonable and relative to payments that would be made between unrelated parties.

8) RECORDING

The Committee shall arrange for

a) The prompt and accurate weighing of all fish caught by members and shall keep an accurate record of types and weights.

b) The issue of certificates for all Gamefish caught by members, if requested.

c) The appropriate official weigh sheet must get to the recorder within twenty one (21) days of the fish’s being weighed except for the Month of June, when fourteen (14) days will apply.

9) CLASSIFICATION OF GENERAL MEETINGS

a) Annual General Meeting

Note numbers 5, 5a, 5b, 5c, 5d of the Constitution

b) General Meetings

(i) A General Meeting may be called by the Officers at any time and shall be convened by the President or Chairperson and held within twenty-one (21) days after receiving the requisition signed by no less than twenty five (25) members setting forth the object of

such meeting. There must be a quorum of twenty five members present at the meeting. If there are not twenty five members in attendance the issue will become null and void.

(ii) Fourteen (14) days’ notice must be given to members by the Secretary stating the business for which the meeting is called.

(iii) All resolutions passed at any meeting of the Club shall be conclusive and binding on all members thereof, whether present at such meeting or not, providing that such meeting shall have been held in conformity with the Constitution of the Club.

c) Extraordinary General Meetings:

Note number 10 of the Constitution

10) WINDING UP

A majority of the members of the Club at an Extraordinary General Meeting convened for the purpose may (provided that all liabilities of the Club have been duly discharged) resolve that the Club be duly wound up as from a date to be named in such resolution, such resolution to be confirmed at a subsequent Extraordinary 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, and shall direct the method of disposition of the funds and property of the Club after winding up thereof, provided that neither the whole nor any portion of the funds or property of the Club shall be divided or transferred directly by way of dividend or bonus to members, and any surplus goes to a charitable purpose or organization.

Upon dissolution of the Club by the Registrar of Incorporated Societies in terms of Section 23 of the Incorporated Societies Act 1908 and its amendments, the Assets of the Club shall be held in trust by the New Zealand Sport Fishing Council (Inc). In the event of a NEW Game Fish Club being

formed in the area and having similar charitable purposes, the assets to be transferred to the newly formed Club, provided that such Club comply with the Incorporated Societies Act 1908 and its amendments and is accepted as a member of the New Zealand Sport Fishing Council (Inc)

To sell, lease, exchange, bail, grant licenses in respect of, or otherwise deal with or dispose of the Club’s undertakings or any part thereof, or any property, rights, concessions or privileges belonging to the Club either together or in portions of any firm, supreme, municipal, or local authority or otherwise for such consideration or premium or upon such terms as the Club may think fit with power to allow the whole or any part of the purchase monies to remain on mortgage of the property sold.

11) Any notice required to be given by the Club under these rules shall be deemed sufficiently served if given to the members personally, or by leaving it at his or her usual address, or by postal notification, or by advertisement in an Auckland District newspaper or by Public Notice at Whangaroa given in such a manner as the Executive Committee shall think fit.

All notices of General Meeting shall be in writing.

12) Any of these rules may be altered, added to, or rescinded on twenty-one (21) clear days notice by the Club in General Meeting or Special Meeting.

These rules rescind or repeal all previous rules.

13) COMMON SEAL

The Club shall have a Common Seal bearing the Club’s name and such seal shall remain in the custody of the Secretary and shall be affixed to Certificates and other documents in the presence of two officers of the Club as recommended by the Committee.

14) GENERAL POWERS

(a) To invest any monies of the Club not required for immediate use in such Government or real securities, or on Bank Deposits or in any Savings Bank as deemed safe and desirable, with power from time to time to vary investments for others of a like nature.

(b) To affiliate or co-operate with any society, body, or organisation having similar objects, or to join or co-operate with or subscribe to the funds of any society, body, or Club, for the purpose of better attaining or otherwise furthering the objects and interest of the Club or the members thereof.

(c) Generally to purchase, take on lease, or in exchange, hire, or otherwise acquire any real or personal property, or any business or undertaking and any rights or privileges which the Club may think necessary and convenient for the purpose of aforesaid objects.

(d) To acquire or obtain from, or make any arrangements with any Government, supreme, municipal, local authority or otherwise, or any corporation, company, or person for any authority, right, privilege, concession, contract, or charter which the Club conductive to any of the objects of the Club, or to accept, make payments under, carry out, exercise, and comply with any such

arrangements, authority, right privilege, concession, contract or charter.

(e) To construct, maintain, alter, improve, enlarge, pull down, remove, or replace, manage, carryon, and control any building or works which seem to the Club to advance the Club’s interest directly or indirectly.

(f) To have the facility to borrow (depending on the Banks current lending criteria) by way of mortgage or overdraft on security of its assets. Any single expenditure of over $10,000 must have the unanimous signed approval from the elected committee and club officers.

To do such things as are incidental or conductive to the attainment of the above object.

15) DISCIPLINARY POWERS

The Committee shall have the power to suspend or expel any PERSON infringing the Club’s rules.

15a) If representation is made in writing of a member’s misconduct in or out of the Club, the Committee at its discretion will hold an enquiry and require that member to attend. The Committee will give the member at least seven (7) days notice in writing of the meeting and provide the member with a statement setting out the nature of the allegations to be considered.

15b) If the member fails to attend such enquiry, or if the member does attend and the Committee finds evidence that such misconduct was injurious to the standing or interest of the Club,

The Committee may:

(a) Request a written apology.

(b) Reprimand the member in writing.

(d) On a unanimous vote expel the member from the Club.

15c) At any such enquiry the Committee shall allow the member to submit a written explanation and if requested shall allow the member an opportunity to be heard and adduce evidence in the member’s defence.

15d) At any point in a disciplinary matter, the Committee may choose to delegate its powers to a specialist sub-committee which may in the Committee’s discretion may be a committee of one (1) person and the members of which need not be members of the Club.

15e) If the member under investigation for misconduct is also a committee member of the Club and they are then censured for that misconduct, they shall also be ineligible to stand for any office of the Club for a minimum of five (5) years from the date of the misconduct.