Aotearoa New Zealand Association of Children's

Supervised Contact Services Inc.

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TABLE OF CONTENTS

Rule Sub-Rule Para.
Interpretation Definitions 2.1
Objects   3.1
Powers   4.1
Membership Eligibility 5.1
  Categories of membership 5.2
  Acceptance of application 5.3
  Acceptance and payment of fees 5.4
Annual Subscription fee   6
Register of members   6.1
Resignation and expulsion of members Resignation by member 7.1
  Suspension or expulsion of members 7.2
  Member's right to be heard 7.3
  Meeting of Committee to consider 7.4
Appeal Notice of appeal 8.1
  Appeal to be heard at a general meeting 8.2
  Members right to be heard 8.3
  Status of member pending appeal 8.4
  Determination of Appeal 8.5
Annual General Meeting When held 9.1
  Date of meeting 9.2
  Notice of AGM 9.3
  Business to be transacted at AGM:  
  Confirmation of minutes of previous AGM 9.4 a)
  Reports of transactions 9.4 b)
  Election of office bearers 9.4 c)
  Receipt of audited financial statements 9.4 d)
  Special business 9.5
  AGM held in addition to general meetings 9.6
General Meetings Calling of General Meetings:  
  By Resolution of the Committee 10.1 a)
  By members 10.1 b)
  When to be held 10.2
  Notice of general meeting 10.3
  Non-Receipt of Notice by member 10.4
  Chairperson of general meetings 10.5
  Adjournment 10.6
  Voting and proxies 10.7
  Division & Poll 10.8
  Pecuniary interest 10.9
  Quorum 10.10
  Minutes 10.11
Appointment of Executive Office Bearers Composition of Executive 11.5
Election of Offices and Vacancies Nominations to be in writing 12.1 a)
  When to be received 12.1 b)
  Insufficient nominations 12.2
  Nominations equalling positions 12.3
  Nominations more than positions 12.4
  Ballot for Executive 12.5
  Removal of Executive member 12.6
Proceedings of the Committee Bi-annual meetings 13.1
  Quorum 13.2
  Chairperson 13.3
  Voting and casting vote 13.4
The Secretary Role of the Secretary 14
The Treasurer Role of the Treasurer 15
Cheques Signatures required 16
Seal Secretary to retain 17.1
  Who can affix Seal 17.2
Alternation of Rules and Statement of Purpose Special Resolution required 18
Notices How may be served 19.0 a)
  Deemed receipt by posting and facsimile 19.0 b)
Winding Up or Cancellation Disposal of Assets 20
Custody of records Secretary to keep 21.1
  Inspection by members 21.2
Funds How derived 22.1
  Application of Funds of Association 22.2
Life membership Nominations 23.1
  Consideration at AGM 23.2

 

Incorporated Societies Act 1908

NEW ZEALAND ASSOCIATION OF CHILDREN’S SUPERVISED ACCESS INCORPORATED

 

RULES FOR AN INCORPORATED SOCIETY

 

The name of the Incorporated Society is the New Zealand Association of Children’s Supervised Access Incorporated (in these Rules called "The Association")

INTERPRETATION

2.1  In these Rules unless the contrary intention appears -

"Committee" means the Committee of Management of the Association.

"Financial Year" means the year ending on the 30th June.

"General meeting" means a general meeting of members convened in accordance with Rule 11.

"Member" means a member of the Association.

"Ordinary member" of the Committee means a member of the Committee who is not an officer of the Association under Rule 21.

"The Act" means the Incorporated Societies 1908.

"The Regulations" means Regulations under the Act.

 

OBJECTS

 

 

 3.1 The objects of the Association are:

a) To establish a network for those involved with Children’s Supervised Access.

b) To disseminate information about and to act as a clearing house for information in relation to Children’s Supervised Access (CSA).
c) To provide a forum to promote debate and a sound analysis of the role of CSA.
d) To develop and promote the use of standards and protocols for the use and operation of CSA services.
e) To formulate the competency standards, skills and qualifications for the persons (operating) CSA services.
f) To provide a forum where collective action for the promotion of CSA services can be facilitated.
g) To encourage government and non-government funding for CSA services.
h) To encourage research into issues related to CSA and into the development of service delivery.
i) To print and publish any information that the society may think desirable for the promotion of its objects.
POWERS
4.1 Solely for the purpose of furthering the purposes set out above the Association shall have the power:
a) To establish, promote, maintain, assist, subscribe to, become a member of and co-operate with any person, society, firm, club, corporation, organisation or institution ("the entities") whose purposes are altogether or in part similar to those of the Association provided that the Association shall only subscribe to or support any entity which prohibits the distribution of its income and property among its members to an extent at least as great as that imposed on the Association under or by virtue of its rules.
b) To buy, sell, and deal in all kinds of articles, commodities and provisions, both liquid and solid, for the members of the Association or persons frequenting the Association’s premises.
c) To purchase, take on lease or in exchange, hire and otherwise acquire any lands, buildings, easements or property, real and personal, and any rights or privileges which may be requisite for the purposes of or capable of being conveniently used in connection with, any of the objects of the Association: Provided that in case the Association shall take or hold any property which may be subject to any trusts the Association shall only deal with the same in such manner as is allowed by law having regard to such trusts.
d) To enter into any arrangements with any Government or Authority that are incidental or conducive to the attainment of the objects and the exercise of the powers of the Association; to obtain from any such Government or Authority any rights, privileges and concessions which the Association may think it desirable to obtain, and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions.
e) To appoint, employ, revive or suspend such workers and other persons as may be necessary or convenient for the purposes of the Association.
f) To construct, improve, maintain, develop, work, manage, carry out, alter or control any houses, buildings, grounds, works or conveniences which may seem calculated directly or indirectly to advance the association’s interests, and to contribute to subsidize or otherwise assist and take part in the construction, improvement, maintenance, development, working, management, carrying out, alteration and control thereof.
g) To invest and deal with the money of the Association not immediately required in such manner as may from time to time be thought fit.
h) To take, or otherwise acquire, and to hold shares, debentures or other securities of any company or body corporate.
i) To lend and advance money or give credit to any person or body corporate; to guarantee and give guarantee and give guarantees or indemnities for the payment of money or the performance of contracts or obligations by any person or body corporate, and otherwise to assist any person or body corporate.
j) To borrow or raise money either alone or jointly with any other person or legal entity in such manner as may be thought proper and whether upon fluctuating advance account or overdraft or otherwise to represent or secure any moneys and further advances borrowed or to be borrowed alone or with others aforesaid by notes secured or unsecured, debentures or debenture stock perpetual or otherwise, or by mortgage, charge, lien or other security upon the whole or any part of the incorporated association’s property or assets present or future and to purchase, redeem or pay-off any such securities.
k) To draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments.
l) To sell, improve, manage, develop, exchange, lease dispose of, turn to account or otherwise deal with all or any part of the property and rights of the Association.
m) To take or hold mortgages, liens or charges, to secure payment of the purchase price, or any unpaid balance of the purchase price, or any part of the Association’s property of whatsoever kind sold by the Association, or any money due to the Association from purchasers and others.
n) To take any gift of property whether subject to any special trust or not, for any one or more of the objects of the Association by subject always to the proviso in paragraph (e).
o) To take such steps by personal or written appeals, public meetings or otherwise, as may from time to time be deemed expedient for the purpose of procuring contributions to the funds of the Association, in the shape of donations, annual subscriptions or otherwise.
p) To amalgamate with any one or more incorporated societies having objects altogether or in part similar to those of the Association and which shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as that imposed upon the Association under or by virtue of the Rules.
q) To purchase or otherwise acquire and undertake all or any part of the property, assets, liabilities and engagements of any one or more of the incorporated associations with which the Association is authorised to amalgamate.
r) To transfer all or any part of the property, assets, liabilities and engagements of the Association to any one or more of the incorporated societies with which the Association is authorised to amalgamate.
s) To make donations for patriotic, charitable or community purposes.
t) To do all such other things as are incidental or conducive to the attainment of the objects and the exercise of the powers of the Association.

 

5. APPLICATION FOR MEMBERSHIP
5.1 All persons who and organisations which support the Statement of Objects and which agree to support the Association and pay the required membership fee are eligible for membership.
5.2 A person or an organisation may apply for a category of membership as an individual or an organisation, and membership may include full voting or information only status.
5.3 As soon as practicable after the receipt of an application the Secretary shall refer the application to a membership committee and the membership committee shall determine whether to accept or reject the application. The membership committee shall notify the Secretary of its decision as soon as practicable.
5.4 The Secretary shall enter an accepted applicant’s name in the Register of Members kept by her/him and upon the name being so entered and the required membership fee is paid the applicant becomes a member of the Association. No entrance fee shall be paid.
 

 

  

6. ANNUAL SUBSCRIPTION FEE

6.1 Subscriptions are payable manually upon such date(s) as the Association from time to time determines. The subscription for all members shall be such sum as from time to time be fixed by the Committee.

 

REGISTER OF MEMBERS
7. The Secretary shall keep and maintain a register of members in which shall be entered the full name, address, and where available, contact telephone and fax numbers, e-mail address, together with the date of entry of the name of each member, and the register shall be available for inspection by members upon request.
 

RESIGNATION AND EXPULSION OF MEMBER

7.1 A Member may resign from the Association by giving notice in writing and upon receipt of the notice the member ceases to be Member.
 

 

 

 7.2 The Committee of Management (hereafter known as "The Committee") may suspend or expel a member of the Association who:

a) has refused or neglected to comply with these rules; and/or

b) who, in the opinion of the Committee acts in manner which is contrary or prejudicial to the interests of the Association.

7.3 The member shall be informed in writing of the resolution of the Committee as and the grounds upon which it is based as soon as practicable and be invited to present a written explanation by a specified date to the Committee meeting at which the matter is to be considered.
7.4 A meeting convened in accordance with Rule 7.3 shall take place no later than one month after the member is informed in writing. The member shall be notified in writing of the decision of the Committee.
 

8. APPEAL

8.1 Any member of the Association who feels aggrieved by any decision of the Committee may appeal against such decision to a general meeting. An appeal shall be initiated by the aggrieved member giving notice in writing to the Secretary within one calendar month from receipt by the aggrieved member of the notice set out in Rule 7.4.
8.2 Such Notice shall state the ground of appeal and such appeal shall be heard at a general meeting to be held not later than one month from the giving of such notice to the Secretary.
8.3 On hearing such appeal the aggrieved member shall be afforded a full opportunity to be heard.
8.4 Until the hearing of any such appeal the decision of the Committee shall have full force and effect.
8.5 The majority decision of the general meeting made by secret ballot shall be final.

 

9. ANNUAL GENERAL MEETING
9.1 The Association shall in each calendar year convene an annual general meeting of its members.
9.2 The annual general meeting shall be held on such day as the Committee determines.
9.3 The annual general meeting shall be specified as such in the notice convening it.
 

 

 9.4 The ordinary business of the annual general meeting shall be:

a) to confirm the minutes of the last preceding annual general meeting and of any general meeting held since that meeting;

b) to receive from the Committee reports upon the transactions of the Association during the last preceding financial year;
c) to elect officers of the Association and the ordinary members of the Committee;
d) to receive and consider, the audited financial statements submitted by the Association.

 

 

 9.5 The annual general meeting may transact special business of which notice is given in accordance with these rules.
9.6 The annual general meeting shall be in addition to any other general meetings that may be held in the same year.

 

10. GENERAL MEETING

 

 

 

 10.1 General Meetings of all members may be called:

a) by resolution of the Committee; or

b) by the written request of not less than 10 members of the Association.

10.2 Such a general meeting shall be held not less than one month nor more than three months after the request or resolution is made. In the case of (b), a request by members, the members may convene the general meeting if a meeting has not been held within the required time.
10.3 14 days notice of a general meeting shall be given in writing to each member at the address or facsimile number appearing in the membership register, and the notice shall state the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
10.4 An accidental omission to give notice of a meeting to, or the non-receipt of notice of the meeting by any member shall not invalidate any proceedings or resolutions at any meeting of the committee of management or any committee thereof.
CHAIRPERSON OF GENERAL MEETINGS

10.5 The Chairperson of the Committee of Management shall preside at all general meetings. In her/his absence or unwillingness to chair the meeting, a chairperson may be appointed for that meeting.

ADJOURNMENT

10.6 Members present at a meeting may agree to adjourn any meeting but no business shall be transacted at any adjourned meeting other than business left unfinished at the meeting from which adjournment took place.

 

 

 VOTING AT GENERAL MEETINGS

10.7 a) Each paid up member is entitled to one vote. Resolutions other than special resolutions shall be carried by a majority of the members voting. In the case of equality of votes the chairperson shall have a second or casting vote.

(b) A paid up member shall be entitled to vote either personally or by proxy. A notice appointing a proxy shall be in the form set out in Appendix 1 and shall be received by the Secretary no later than 24 hours before the time of the meeting.
DIVISION

10.8 At any general meeting a declaration by the chair that a resolution has been carried or not shall be sufficient evidence of members voting intention unless 3 members call for a poll.

When a poll is taken the number of votes in favour and against the resolution shall be recorded.

PECUNIARY INTEREST

10.9 Where a Committee of management member or any member of his/her immediate family derives salary or any personal gain from grants or decisions of the Association, they shall declare that interest to the Committee of Management meeting but may participate in discussion at the discretion of the Chairperson. The member shall abstain from voting.

QUORUM

10.10 Five members shall constitute a quorum at all general meetings. If within thirty minutes from the time appointed of the meeting a quorum is not present, the meeting shall at the request of the members be dissolved.

MINUTES

10.11 Minutes of the proceedings of every general meeting shall be kept in the minute book, which shall be available at the address of the Committee of Management for inspection by its members.

 

 

  

11. COMMITTEE OF MANAGEMENT

11.1 The affairs of the Association shall be managed by the Committee of Management constituted as provided in Rule 11.3
11.2 The Committee-

shall control and management the business and affairs of the Association; may, subject to these rules, the regulations and the Act, exercise all such powers and function as may be exercised by the Association, that are required by these rules to be exercised by general meetings of the members of the Association and; subject to these rules, the regulations and the Act, has powers to perform all such acts and things as appear to the Committee to be essential for the proper management of the business and affairs of the Association.

The Committee may at any time appoint any sub-committee they may think fit, and may prescribe the functions of any such sub-committee.

 

 

  

ELECTION AND SIZE

11.3 The Committee of the Association shall have not less than 5 nor more than 8 members who shall be elected at the Annual General Meeting of the Association, and shall hold office until the Annual General Meeting next after the date of his or her election and is eligible for re-election.

11.4 In the event of a casual vacancy in any office of the Committee of Management, the Committee may appoint one of its members or a member of the Association to the vacancy and such member may continue in office up to and including the conclusion of the next annual general meeting.
 

 

  

APPOINTMENT OF EXECUTIVE OFFICE BEARERS

11.5 The committee elected at the annual general meeting shall elect the following executive office bearers:

Chairperson

Treasurer

Secretary

or Secretary/Treasurer as a combined role

 

 

  

12 ELECTION OF OFFICERS AND VACANCY

12.1 Nominations of candidates for election to the Committee of Management of the Association.
a) shall be in writing, signed by a member of the Association and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination); and
b) shall be delivered to the Secretary of the Association not less than 21 days before the date fixed for the holding of the annual general meeting.
12.2 If insufficient nominations are received to fill all vacancies on the Committee, further nominations may be received at the annual general meeting, and an election held if necessary.
12.3 If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected.
12.4 If the number of nominations exceeds the number of vacancies to be filled, a ballot should be held.
12.5 A ballot for the election of the Executive of the Committee shall be conducted at the annual general meeting in such usual and proper manner as the Committee may direct.
12.6 The Committee shall in its discretion remove any committee member, declare a casual vacancy and fill such vacancy by co-opting any member of the Association until the next annual general meeting if an executive or committee member:
a) is absent without apology or leave of the committee from three consecutive Committee meetings; or
b) ceases to be a member of the Association; or
c) resigns from office.

 

13. PROCEEDINGS OF THE COMMITTEE
13.1 The Committee shall meet at least twice each year in such manner and at such times as the Committee may determine. A meeting may be conducted by telephone conference or by other technological means.
13.2 A quorum shall be 60% of the number of Committee members.
13.3 At every meeting of the Committee the Chairperson shall preside and in the absence of the Chairperson, the members shall choose a chairperson.
13.4 Questions arising at any meeting shall be decided by a majority of votes and in the case of equality the presiding Chairperson shall have a second or casting vote.
13.5 The Chairperson or any Committee member may at any time summon a meeting of the Committee.

 

14. THE SECRETARY
The Secretary shall:
a) keep full and correct minutes of all resolutions; proceedings of all general, annual general and all Committee meetings, a register of members recording names and addresses telephone and facsimile contact numbers and e-mail addresses where provided.
b) attend to all correspondence; and perform such other duties as the Committee may prescribe.

 

15  THE TREASURER
 

 

 

 

 

 The Treasurer shall:

a) supervise and be responsible for all moneys due to the Association and make payments authorised by the Association.

b) keep correct accounts and books showing the financial affairs of the Association with full details of all receipts and expenditure connected with the activities of the Association.

c) Provide the Committee with a written report of the financial affairs of the Association each six months.

16 CHEQUES
. All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by an executive office bearer and one other person authorised by the Committee of management.
17. SEAL
17.1 The Common Seal of the Association shall be kept in the custody of the Secretary at the address of the Association.
17.2 The Common Seal shall not be affixed to any instrument except by the authority of the Committee and the fixing of the Common Seal shall be attested by the signatures of two members of the Committee.
 

 

 18. ALTERATION OF RULES AND STATEMENT OF PURPOSE

No rule shall be repealed or amended and no new rule shall be made except by a special resolution. Notice of the resolution shall be given with a minimum of 14 days in accordance with rule 10.2 and the resolution must be passed by a minimum of 75% of members present.

.

 

 19 NOTICES

a) A Notice may be served upon a member personally, or by post or by facsimile at the address or facsimile number shown in the Register of members. It is the responsibility of the member to inform the Secretary of any change of address or facsimile contact number.

b) If posted it shall be deemed to have been received at the time it would have been delivered in the ordinary course if posted by prepaid post and properly addressed. If forwarded by facsimile to the number shown in the Register it shall be deemed to have been received at the time it is transmitted.
20.WINDING UP OR CANCELLATION

In the event of the winding up, dissolution or the cancellation of the incorporation of the Association, the amount which remains after such dissolution and the satisfaction of all debts and liability shall be paid and applied by the Committee in accordance with their powers to any fund, institution or society which is a non-profit organisation which shall have purposes similar to the purposes of the Association, and which prohibits the distribution of its income and property amongst its or their members to an extent at least as great as is imposed on the Association under or by virtue of this rule and which is a fund society or institution that is exempt from income tax under the Act, such institution or institutions to be determined in accordance with a special resolution of the members of the Association, or in the absence of a special resolution of the members, by the appropriate Court of Jurisdiction.

 

 

 

 21. CUSTODY OF RECORDS

21.1 Except as otherwise provided in these rules, the Secretary shall keep in his/her custody and control all books, documents and securities of the Association.

21.2 All such documents and securities shall be available for inspection by the members upon reasonable notice to the Secretary.
 

.

 

 22 FUNDS

22.1 The funds of the Association shall be derived from entrance fees, membership fees, subscriptions, donations, grants and such other sources as the Committee determines.

22.2 The assets and income of the Association shall be applied solely in furtherance of its objects and no proportion thereof shall be distributed paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit to or amongst the members of the Association provided that nothing herein shall prevent the payment in good faith of interest to any such members in respect of moneys advanced by her/him to the Association or otherwise owing by the Association to her/him or of remuneration to any officers or servants of the Association or to any member of the Association or other person in return for any services rendered to the Association, and provided further that nothing herein shall be construed so as to prevent the payment or repayment to any member of out of pocket expenses, money lent, reasonable and proper charges for goods hired by the Association or reasonable and proper charges for goods hired by the Association or reasonable and proper rent for premises demised or let to the Association or the provision of services to a member to which he would be entitled in accordance with the purposes if she/he were not a member.

 

 

 

 23. LIFE MEMBERSHIP

23.1 Nominations for life membership can be made for exceptional and significant contribution furthering the aims of the Association and/or to all or any of the Statement of Purposes.

23.2 Nominations for life membership shall be considered at Annual General Meetings.

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