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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. |
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OBJECTS |
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3.1 The objects of the Association are:
a) To establish a network for those involved with Children’s Supervised
Access. |
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b) To disseminate information about and to act as a clearing
house for information in relation to Children’s Supervised Access
(CSA). |
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c) To provide a forum to promote debate and a sound analysis
of the role of CSA. |
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d) To develop and promote the use of standards and protocols
for the use and operation of CSA services. |
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e) To formulate the competency standards, skills and
qualifications for the persons (operating) CSA services. |
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f) To provide a forum where collective action for the
promotion of CSA services can be facilitated. |
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g) To encourage government and non-government funding for
CSA services. |
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h) To encourage research into issues related to CSA and into
the development of service delivery. |
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i) To print and publish any information that the society may
think desirable for the promotion of its objects.
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POWERS |
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4.1 Solely for the purpose of furthering the
purposes set out above the Association shall have the power: |
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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. |
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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. |
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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. |
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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. |
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e) To appoint, employ, revive or suspend such workers and
other persons as may be necessary or convenient for the purposes of the
Association. |
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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. |
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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. |
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h) To take, or otherwise acquire, and to hold shares,
debentures or other securities of any company or body corporate. |
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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. |
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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. |
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k) To draw, make, accept, endorse, discount, execute and
issue promissory notes, bills of exchange, bills of lading and other
negotiable or transferable instruments. |
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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. |
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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. |
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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). |
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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. |
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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. |
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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. |
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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. |
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s) To make donations for patriotic, charitable or community
purposes. |
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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.
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5. APPLICATION FOR
MEMBERSHIP |
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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. |
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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. |
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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. |
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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. |
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6. ANNUAL
SUBSCRIPTION FEE |
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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.
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REGISTER OF MEMBERS |
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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. |
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RESIGNATION AND EXPULSION OF
MEMBER |
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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. |
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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. |
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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. |
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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. |
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8. APPEAL |
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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. |
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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. |
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8.3 On hearing such appeal the aggrieved
member shall be afforded a full opportunity to be heard. |
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8.4 Until the hearing of any such appeal the
decision of the Committee shall have full force and effect. |
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8.5 The majority decision of the general
meeting made by secret ballot shall be final.
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9. ANNUAL GENERAL
MEETING |
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9.1 The Association shall in each calendar
year convene an annual general meeting of its members. |
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9.2 The annual general meeting shall be held
on such day as the Committee determines. |
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9.3 The annual general meeting shall be
specified as such in the notice convening it. |
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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; |
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b) to receive from the Committee reports
upon the transactions of the Association during the last preceding
financial year; |
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c) to elect officers of the Association
and the ordinary members of the Committee; |
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d) to receive and consider, the audited
financial statements submitted by the Association. |
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9.5 The annual general meeting may transact
special business of which notice is given in accordance with these
rules. |
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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 |
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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. |
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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. |
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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. |
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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.
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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.
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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. |
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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. |
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(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. |
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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. |
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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. |
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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. |
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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. |
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11. COMMITTEE OF MANAGEMENT |
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11.1 The affairs of the Association shall
be managed by the Committee of Management constituted as provided in Rule
11.3 |
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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. |
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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. |
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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. |
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APPOINTMENT OF EXECUTIVE OFFICE
BEARERS |
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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 |
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12 ELECTION OF OFFICERS AND
VACANCY |
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12.1 Nominations of candidates for election
to the Committee of Management of the Association. |
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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 |
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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. |
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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. |
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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. |
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12.4 If the number of nominations exceeds
the number of vacancies to be filled, a ballot should be held. |
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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. |
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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: |
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a) is absent without apology or leave of the committee from
three consecutive Committee meetings; or |
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b) ceases to be a member of the Association; or |
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c) resigns from office.
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13. PROCEEDINGS OF THE
COMMITTEE |
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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. |
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13.2 A quorum shall be 60% of the number of
Committee members. |
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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. |
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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. |
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13.5 The Chairperson or any Committee
member may at any time summon a meeting of the Committee.
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14.
THE SECRETARY |
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The Secretary shall: |
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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. |
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b) attend to all correspondence; and perform such other
duties as the Committee may prescribe.
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THE TREASURER |
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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.
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CHEQUES |
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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.
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17. SEAL |
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17.1 The Common Seal of
the Association shall be kept in the custody of the Secretary at the
address of the Association. |
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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.
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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. |
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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. |
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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. |
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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. |
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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. |
New Zealand Association of
Children's
