Whakatane Sportsfishing Club Incorporated Constitution.
The name of the Society is WHAKATANE SPORTFISHING CLUB INCORPORATED and in this constitution is referred to as “the Club”.
(a) To maintain and further interests of Sportfishing.
(b) The protection and preservation of gamefish and their food supply.
(c) To accumulate reliable piscatorial information and place such information at the disposal of visiting and local anglers.
(d) To accurately weigh and record fish caught on rod, reel and line.
(e) To award season’s certificates and trophies as determined by the Committee.
(f) To develop further the welfare of the Club as members from time to time deem expedient.
(g) To purchase, sell, exchange, take on lease, hire, let or otherwise acquire, dispose of or deal with any real and personal property, to erect and maintain buildings and other facilities, to open and operate bank or savings accounts, to lend and borrow money, to enter into contracts, operate licensed premises, employ staff and generally to do any act necessary or convenient for the purposes of this or any of the objects.
(h) To conduct and organize tournaments for the welfare of the Club and its members and members of the public.
(i) In pursuance of its objects, the club shall not permit any part of its income or other funds to be used or be made available for the private pecuniary profit of any member except in cases where such member is engaged by the Club to perform such professional or other normal services as may be required from time to time.
(j) Generally, to do all other things as in the opinion of the Club may be incidental or conductive to the attainment of any of its objects.
(a) Membership generally:
(i) A Candidate for admission as a member shall be proposed by one member and seconded by another both of whom shall vouch from their personal knowledge for the fitness of the candidate. The candidate shall pay the appropriate subscription with the nomination form. The Candidate initially will be on a trial period of 3 months.
(ii) The election of a candidate to Club membership shall be by a majority of the committee present at the Committee meeting at which the candidate’s admission is considered. The Committee may itself, or by delegation of its authority may authorize any person or persons to provisionally accept any duly nominated candidate wishing to fish in a Club tournament. Any candidate provisionally accepted in accordance with this provision shall be deemed to be a full financial member pending ratification or declining of membership when the candidate’s nomination is considered in accordance with the foregoing provisions.
(iii) The Committee shall have the right to refuse or defer any application for membership without having to assign reasons for doing so. Any candidate not elected shall not be proposed again for election within a period of twelve months.
(b) Membership shall begin on the 1st day of August on any one year and expire on the 31st day of July the following year, with the exception of Summer Membership, which shall begin on the 1st day of December and expire on the 31st day of May.
(c) Subscriptions shall be paid in advance and shall become due for payment on the 1st day of August in each year. Summer Memberships shall become due on the 1st day of December each year.
(d) Financial members shall be those who have paid their subscriptions within the membership year and deemed financial from the payment date of subscription.
(e) Life members shall be persons who have rendered special services to the Club over a period of years, shall be elected at an Annual General Meeting upon a recommendation from the Committee and shall be deemed to be financial members.
(f) Senior members shall be persons aged seventeen (17) and over on the 1st day of July in each year unless that person qualifies for student
(g) Student members shall be persons aged Seventeen (17) and who are under the age of Twenty-Three (23) on the 1st day of July of the current financial year and who are school pupils or enrolled in a full-time course of study at a Tertiary Institution. On leaving school or full-time tertiary study or reaching the age of Twenty-Three (23) such members will become Senior members in the following year.
(h) Junior members shall be persons aged sixteen (16) and under on the 1st day of July in each year and shall be entitled to financial membership excluding voting right. When a junior member becomes seventeen (17) their membership shall convert to Student or Senior membership as appropriate in the following year.
(i) Honorary members shall be persons who have rendered special services to the Club and shall be appointed by the Committee for a one year only at a time and shall be deemed to be financial members excluding voting rights.
(j) Affiliate members shall be persons who are entitled to use of the Club’s facilities only and receiving of newsletters and yearbook.
(k) Social and Summer members shall be persons who are entitled to use of the Club’s facilities and privileges of Financial membership but shall not have speaking or voting rights at any Annual General Meeting or Special General Meeting.
(l) Day members shall be persons who have paid such subscription as may be current and such membership shall be valid for the period from the date and time nominated by the applicant on the application form supplied by the Club.
(m) Family membership shall include a maximum of two Senior members and their children who are Junior members.
(n) Only Senior members, Student members and Life members qualify to hold office in the club and speak and vote at meetings.
4. Membership Rights and Duties
(a) All financial, Life and Honorary members shall have equal rights to Club facilities and privileges except Affiliate, Social and Summer members who shall have rights to the Club’s facilities only.
(b) All members must abide by the Club’s rules and regulations as set out in the Constitution and the Club’s Bylaws
5. Disciplinary Powers
(a) If representation is made in writing of a member’s conduct, character or behavior 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.
(b) If the member fails to attend such enquiry, or if the member does attend, and the Committee finds evidence that such conduct, character or behavior was injurious in any way to the standing or interest of the Club, the Committee may:
(i) Request a written apology.
(ii) Reprimand the member in writing.
(iii) On a majority vote suspend the member for a period not exceeding 12 months.
(iv) On a unanimous vote expel the member from the Club.
(c) 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.
(d) 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 be a committee of one (1) person. The member(s) of such committee need not be members of the Club.
6. Cessation of Membership
(a) A member shall cease to be a member of the Club in any of the following events:
(i) If, having paid the then current year’s subscription and all previous years’ subscriptions, the member shall by written notice to the Club resign from membership.
(ii) If the member has failed to pay a subscription three months after the date appointed for payment.
(iii) If the member is expelled from membership by a resolution of a General Meeting or is expelled by a unanimous resolution of the Committee pursuant to Rule 5(b)(iv) above.
(b) Cessation of membership shall not relieve the member from liability for payment of any subscription or any other debt due to the Club at the time when the member’s resignation is accepted, or membership is otherwise terminated in accordance with these rules.
7. Club Officers
The Club Officers shall be the President, the Senior Vice-President, the Vice-President, and for one year only the immediate Past President.
8. Club Committee
(a) The Club Committee shall consist of the following:
(i) 3 Officers; and
(ii) A minimum of 6 Committee Members (A maximum of 9 Committee Members).
Not more than two (2) members of the Committee may be charter boat operators or persons whose principal occupation or source of income is that of charter boat owning or operation.
9. Period of Office for Officers
The period of office for Officers shall be one (1) year but upon re-nomination may offer themselves for re-election.
10. Period of Office for Committee Members
The period of office for Committee members shall be two (2) years except that at the first election following the coming into force of these rules the five (5) highest polling members shall be elected for a two (2) year term and the remaining five (5) members shall be elected for a one (1) year term, thereafter five (5) such committee members shall be elected annually for two (2) year terms. Those Committee members whose term has expired may upon re-nomination offer themselves for re-election.
11. Election of Officers and Committee
(a) All nominations for officers or committee members shall be in writing and received by the Secretary at the office of the Club no later than 7 days prior to the AGM and no later than 7.pm on that day. A nomination shall include:
(i) The name of the person nominated, who must be a financial member at the time that the nomination is lodged and who holds a class of
membership that entitles the member to hold office in the Club.
(ii) The office(s) or vacancy for which the member is being nominated.
(iii) The signatures of two financial members as proposers, not being Affiliate, Social, Summer or Junior members.
(iv) The signature of the nominee (as evidence of the member’s acceptance of nomination)
(b) The Committee may issue nomination forms, but any nomination complying with this rule shall be valid.
(c) Where the number of nominees for any office or vacancy on the Committee does not exceed the number required:
(i) The nominee(s) shall be declared elected.
(d) Where no nominations or insufficient nominations are received for any office or vacancy then:
(i) oral nominations, to fill the office or vacancies remaining after the procedure prescribed in sub-paragraph (i) above has been followed shall be sought from the floor on the General Meeting at which the election is being held.
(e) Where the number of nominations exceeds the number of vacancies a secret ballot shall be conducted under the supervision of two or more scrutineers elected by the meeting.
(f) Ties shall be decided by lot. The casting vote given to the Chair by Rule 12(d) shall not be used in elections.
(g) Subject to these rules the Committee shall have the power to establish more detailed electoral procedures. In any case of doubt or dispute the ruling of the Chairperson for the time being shall be final.
(h) The Position of Senior Vice-President shall be the highest polling vote of the two (2) Vice-Presidents.
12. Committee procedure
(a) The general affairs of the club shall be managed by the Committee.
(b) The President shall be the Chairperson.
(c) The Committee shall normally meet monthly or when summonsed by the Chairperson.
(d) Voting shall be by majority and the Chairperson will also have a casting vote.
(e) Non-attendance at two consecutive Committee meetings by a Committee member will cause the member’s position to be forfeited unless granted leave of absence or excused on reasonable grounds.
(f) In the event that a Committee member, in the absence of being excused on reasonable grounds attends less then three quarters of the yearly meetings that person shall not be eligible for re-election to the Committee in the subsequent year.
(g) A Committee member may be removed from their position as Committee member by a two-thirds majority vote of the entire Committee for failing to carry out the functions allotted and accepted by that member. The Committee’s decision shall be final, and no correspondence or discussion will be entered into in respect of that decision.
(h) Sixty-six percent (66%) of voting members shall constitute a quorum.
13. Committee’s Powers and Duties
(a) The elected committee shall have the authority to employ a Manager and such staff as may be required to facilitate the business of the Club.
(b) To appoint sub-committees to deal and assist with any of the Committee’s duties.
(c) From time to time to make, alter, add to or rescind any Club By-law or Regulation for the good management of the Club, consistent with these Constitutional Rules.
(d) Exercise all the corporate powers of the Club except give and execute mortgages or other charges on Club freehold and/or leasehold lands or properties; approval to grant mortgages or other charges can only be exercised pursuant to a Resolution of a General Meeting.
(e) The Committee shall keep proper records, balance sheet and receipts which shall be presented to the Auditor so that a true statement of accounts and balance sheet for the preceding year can be audited by the Auditor and be available to all Financial Members at least seven days before the Annual General Meeting.
(f) The Committee shall keep proper minutes and records of meetings.
(g) The Committee shall have notices of the Annual General Meeting or any General Meeting with an agenda outlining the business of such meeting sent to all Financial members not later than fourteen days before the date of such meeting.
(h) The Committee shall appoint delegates to any appropriate body related to the management of Sportfishing.
(i) The Committee shall control the Club’s common seal which shall be used only by Resolution of the Committee and in the presence of at least two Committee members.
(j) The Committee shall control the Club’s funds and may invest such funds from time to time for the benefit of the Club.
(k) The Committee shall recommend all subscriptions, fees and levies for the ensuring year and shall submit them to the Annual General Meeting for approval.
(l) The Committee may fill any vacancy in its membership in the course of a year. If the presidency shall become vacant it shall be filled by the Senior Vice-President or failing that the Vice-President. If both decline any other member of the Committee may be appointed.
14. The Annual General Meeting
(a) The Annual General Meeting of the Club shall be held not later than the last day in August in each year.
(b) Voting shall be by a show of hands, but a secret ballot shall be taken if requested by a minimum of four financial members present and entitled to vote. The majority vote shall prevail.
(c) The quorum at any General Meeting shall be 30 Financial members present.
(d) The President, or in the President’s absence the Senior Vice-President or in the Senior Vice-President’s absence the Vice-President shall preside at all general meetings and in the absence of these the members shall elect their own chairperson from amongst their number.
(e) The Business of the Annual General Meeting shall be in the following order:
(i) Receive apologies.
(ii) To confirm, subject to any necessary corrections, the minutes of the previous Annual General Meeting and any other General Meetings held in the intervening period.
(iii) Receive the President’s Report and any other reports which the Committee has resolved should be put before the meeting.
(iv) Receive the Financial Statement
(v) Elect a Patron
(vi) Elect Officers and additional Committee members for the ensuring year.
(vii) Appoint an Auditor and Solicitor.
(viii) Consider any nominations for Life Membership.
(ix) Fix subscriptions for the next financial year.
(x) Consider any constitutional amendments and any other motions of which notice has been given in the manner prescribed for constitutional amendments.
(xi) Consider General Business.
15. Special General Meeting
(a) A Special General meeting may be called at any time on the Resolution of the Committee or on requisition stating the object of the meeting lodged with the Secretary and signed by not less that ten current Financial members who would be entitled to vote at any General Meeting.
(b) General rules as for the Annual General Meeting.
Weighmasters shall be appointed by the Committee.
17. Honoraria and Expenses
(a) Honoraria shall be fixed by the Committee; the total amount of all honoraria paid shall be shown in the Annual Accounts.
(b) Out of pocket expenses shall be refunded to the President on submission to the Committee of details of such expenses.
(a) No addition to, alteration or replacement of these Rules shall be made except at a General Meeting by three-fifths of the members present and entitled to vote at any General Meeting of the Club for which due notice of the proposed addition to, amendment or revision has been given.
(b) Notice of addition to, amendment or replacement shall be on the recommendation of the Committee or in writing in the form of a Notice of Motion to be submitted to the General Meeting intended to consider the same. Such notice shall be signed by no fewer then ten Financial members and be delivered to the Secretary not later than Twenty-eight days before the General Meeting at which it is proposed to consider the Notice of Motion.
(c) Where it is proposed that an existing Rule be revoked, the text of the existing Rule shall be included in the Notice.
(d) The Secretary shall give members not less than fourteen clear days notice of any proposed Constitutional amendment.
(e) If any amendment be made to this Constitution pursuant to these Rules, the Secretary shall send same to the Registrar of Incorporated Societies as soon as possible.
(f) The Club’s Financial Year shall begin on the 1st day of June on any one year and expire on the 31st day of May the following year.
(g) The Club’s Fishing Year shall be from the 1st day of July on any one year and expire on the 30th day of June the following year. Any fish caught after the 30th day of June will be recorded in the ensuing year.
(h) In the event of the Club being wound up, and subject to the restrictions imposed by Rule 2(i), its surplus property and assets shall after payment of all costs, expenses, debts and liabilities be applied and disposed of in such manner as will be to the benefit of any amateur sporting club as the Whakatane Sportfishing Club shall direct by resolution passed as a General Meeting and confirmed (with or without alterations) at a subsequent General Meeting held not earlier than thirty days and not later than sixty days after such Resolution was passed.