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RULES OF THE
FEDERATION OF MAORI AUTHORITIES
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Approved 17 December 2007 with a change to Rule 6.07 in
2019.
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1. NAME
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The name of the
Society is the FEDERATION OF MAORI AUTHORITIES (Incorporated).
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2. DEFINITIONS AND INTERPRETATION
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Māori
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2.1
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In these Rules unless
the context otherwise requires: -
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"District"
means a district to which a member is determined by these Rules for electoral
purposes to belong to either of the Taitokerau, Tainui, Te Arawa, Mataatua,
Ngati Tuwharetoa, Tairawhiti, Takitimu, Aotea, Te Upoko-o-te-Ika, Te Tau
Ihu-o-te-waka-a-Maui and Te Waipounamu districts.
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"Executive"
means the Executive Committee appointed by these Rules.
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"Federation"
means the Federation of Maori Authorities (Incorporated).
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"Maori
Authority" means-
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(a)
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A Maori incorporation
constituted under or continued by Te Ture Whenua Maori Act 1993;
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(b)
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An Ahuwhenua Trust
constituted under or continued by Te Ture Whenua Maori Act 1993;
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(c)
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A Maori Trust Board
constituted under the Maori Trust Boards Act 1955 and which manages Maori
freehold land;
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(d)
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A company where more
than 50 percent of the shareholding of which is owned by Maori authorities;
or
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(e)
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The Maori Trustee.
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(f)
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Any other class or
classes of membership as may be resolved by the Executive from time to time.
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"Secretary"
means the person appointed by the Executive as Secretary of the Federation.
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“Special
resolution" means a resolution under Rule 17 to alter these rules or a
resolution under Rule 18 to wind up the Federation or any other resolution
considered by the Executive to warrant being so classified.
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2.2
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In these Rules, where
the context permits, words referring to the singular also refer to the plural
and vice versa and words importing one gender refer also to the other gender.
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3. OBJECTS:
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3.1
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The objects
of the Federation shall be:
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(a)
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Primary Object.- To
protect to foster and to advance the interests of the Federation and to do
all things necessary conducive incidental or ancillary for the efficient and
effective servicing of such interests and objects subject priority to
continue and to increase capacity to provide such services.
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(b)
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Primary Object.- To
foster and promote the development, sound management and economic advancement
of Maori authorities.
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(c)
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To promote the
interests of the Federation to central Government and other bodies and to
make representations or submissions on relevant matters of law, legislative
measures, or policies.
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(d)
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To encourage the
formation and improvement of communications.
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(e)
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To encourage enrolment
of eligible members in the Federation.
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(f)
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To promote or initiate
any service for the benefit of members.
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(g)
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To collect or research
economic technical and statistical information of interest to the Federation
and to provide information advice and assistance suited to the needs of
members.
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(h)
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To promote or assist
training of managers of Maori Authorities and to develop quality assurance
measures to enhance the mana of the businesses of Maori Authorities.
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(i)
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To promote harmony
between Maori Authorities and their employees.
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(j)
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To encourage
engagement by Maori Authorities and their commercial enterprises of
appropriate skilled persons for special assignments.
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(k)
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To seek and promote
investment opportunities for Maori Authorities.
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(i)
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To promote the wise
and sustainable use of land resources.
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(m)
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To promote the
efficient and effective marketing of products by Maori Authorities.
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(n)
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To set up or take
shares in any company, or to promote any company, joint venture or
cooperative enterprise, which is calculated to benefit Maori Authorities
either directly or indirectly.
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4. MEMBERSHIP AND RIGHTS OF MEMBERS
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4.01
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Subject to these
rules, any Maori Authority shall be eligible to be a member of the Federation
and to make application for membership in such form as may be prescribed by
the Executive from time to time.
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4.02
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Every member shall be
deemed to have notice of these rules and of any regulations made and shall be
bound by these provisions.
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4.03
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An applicant for
membership shall forward with such application payment of the fixed
subscription for that year or completion of an approved form or order on some
Bank, Firm, or Company for the payment of the amount of such subscription.
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4.04
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An applicant for
membership shall for the purposes of Rule 6.09 nominate the district to which
it desires to belong and failing such nomination, the matter shall be
determined by the Executive whereafter the member shall be so enrolled. No
member shall, be enrolled to belong to a district which in the opinion of the
Executive it does not belong to unless the Executive is satisfied that the
member is identified with that district.
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4.05
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On confirmation of an
application for membership by the Executive, and receipt of payment of the
required subscription, the secretary shall enrol the member and notify the
member accordingly. Where the application is not confirmed, any payment
received from the applicant shall be returned to the applicant.
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4.06
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Right to vote
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Each financial member
shall be entitled to one vote only at general meetings of the Federation and
which shall be exercised by one person appointed by the member in form
prescribed by the Executive from time to time and lodged with the Secretary
before a general meeting.
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4.07
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Service of notice
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Every notice required
to be given to the Members or any of them is deemed to have been duly
delivered if posted to the Member in a prepaid letter addressed to the Member
at the Member's last known place of business or residential address.
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4.08
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Confidentiality
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All information in any
way relating to the affairs of the Federation or of any member of the
Federation which is received by a Member shall be treated as secret and
confidential. This obligation of secrecy and confidence continues
indefinitely notwithstanding the termination of such Member's membership of
the Federation.
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4.09
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Indemnity
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No action in law or
other claim may be taken by Members or their executors or administrators
against any other member of the Federation or Committee or officer in
pursuance of the provisions of these Rules notwithstanding any irregularity
or informality occurring in or about the doing or omitting or suffering any
act, matter or thing. No member of the Executive is liable for any loss or
expenses of the Federation or any Member unless it occurs as a result of
wilful default.
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4.10
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Liability of Members
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No member is under any
liability in respect of any contract, debt or other obligation made or
incurred by the Federation.
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5. TERMINATION OF MEMBERSHIP
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5.1
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Any member of the
Federation who fails in the observance of any law. rule) regulation, bylaw or
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5.2
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Any member wishing to
resign from the Federation must give 3 months prior written notice
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5.3
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Any Maori Authority
ceasing to be a member of the Federation for any cause whatsoever shall
nevertheless remain liable to the Federation for all subscriptions and other
moneys which may have become due by such Maori Authority prior to termination
of its membership.
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5.4
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The name of any member
whose subscription remains unpaid for 6 months after the end of the financial
year in respect of which such subscription is payable may be removed from the
roll of membership by resolution of the Executive, and in the event of a member's
subscription not being paid within 12 months, it shall automatically cease to
have the privileges of membership.
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5.5
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A Maori Authority
whose membership has been suspended or who has ceased to be a member of the
Federation shall not thereafter hold itself out to be a member of the
Federation or use any trademark, tradename, logo, or other mark of
identification of the Federation, or disclose any confidential information
relating to the Federation or any other member of the Federation.
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5.6
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Any Maori Authority
ceasing to be a member of the Federation must upon demand of the Executive
return to the Federation any property of the Federation then under that Maori
Authority's possession or control.
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6. GENERAL MEETINGS OF
THE FEDERATION
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6.01
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Notice
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Not less than one
month’s written notice shall be given to all financial members of the date
place and time of a (sic)
Annual General Meeting, Conference or Special General Meeting and of the
business to be transacted thereat.
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6.02
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Annual General Meeting
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The Federation shall
hold an Annual General Meeting once in every calendar year between the 1st of
July and 31st of December at a time and place determined by the Executive to
attend to the following business:
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(a)
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To receive the annual report of the Executive and
the audited annual accounts of the Federation.
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(b)
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To approve a budget
produced by the Executive for the forthcoming year;
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(c)
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To fix the annual membership subscription and
entrance fee (if any) for the ensuing year;
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(d)
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To fix the meeting fees of the Executive;
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(e)
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To elect where necessary persons to fill any
vacancies in the membership of the Executive;
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(f)
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To decide on any special resolution by a majority of
at least two thirds of the financial members.
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(g)
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To consider any other matter as may be properly
brought before the meeting.
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6.03
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Conference
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The Executive may in
conjunction with the Annual General Meeting hold a conference of the
Federation to hear invited speakers, see demonstrations or attend field
visits and may for these purposes charge a registration fee for such
conference to defray costs of servicing the Annual General Meeting and
Conference.
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6.04
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Special General Meetings
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A Special General
Meeting of the Federation may be convened at any time by the Executive.
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(1)
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Upon resolution of the
Executive; or
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(2)
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Upon a requisition in
writing signed by not less than one-third of fully paid up financial members
of the Federation.
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(3)
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Any requisition for
the calling of a Special General Meeting shall clearly state the purpose for
which the meeting is required including the notice of motion to be
considered, shall be served on the Chairperson and the Secretary who shall
communicate the same to the Executive.
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(4)
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Each member
requisitioning such meeting shall pay a bond and give a written undertaking
to the Executive to meet all costs namely:
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(a) Administration
costs and disbursements associated with the convening of such meeting; and
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(b) All reasonable
meeting costs as the Executive thinks fit;
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(c) A bond of such
amount as shall be determined by the Executive. Such undertaking and payment
of a bond shall be construed as a condition precedent to the convening of a
Special General Meeting.
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(d) On receipt of any
requisition made in accordance with subclauses (1) and (2) of this clause or
any resolution by the Executive for the calling of a Special General Meeting,
the Executive shall fix a time and place therefore and convene a Special General
Meeting accordingly.
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6.05
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Chairperson
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At all general
meetings, the Chairperson or the Deputy Chairperson, or in their absence, any
other member of the Executive or otherwise a duly elected Chairperson, must
take the chair at the General Meetings.
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6.06
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Representation at General Meetings
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Each financial member
shall in the form prescribed by the Executive appoint a person to be its
voting representative at meetings of the Federation.
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6.07
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Quorum
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Subject to Rule 18,
the quorum at any general meeting of the Federation shall be one-third (1/3) or twenty (20) of the financial
members, whichever is less. [Changed 2019 AGM]
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6.08
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Voting
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Every financial member
shall be entitled on every motion to one vote exercised in person, by proxy
or in writing. In the case of an equality of votes the Chairperson shall have
a casting vote as well as a deliberative vote. The mode of voting on all questions
other than elections shall be by voices or if the Chairperson or any 3
members so require by a show of hands. On all elections and any other issue
so determined by the Chairperson, voting shall be by secret ballot for which
purpose not less than 2 scrutineers shall be appointed. Where there is a tie
in the election, the Chairperson may order a further election or exercise his
casting vote.
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6.09
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Election of the Executive
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The Secretary shall
receive nominations in writing for vacant positions on the Executive not less
than 7 days before the day of the annual general meeting from each of the
following eleven districts in which members are enrolled: Taitokerau, Tainui,
Te Arawa, Ngati Tuwharetoa, Mataatua, Tairawhiti, Takitimu, Aotea, Te
Upoko-o-te-Ika, Te Tauihu-o-te-waka-a-Maui and Te Waipounamu. Such
nominations shall be decided upon by the financial members of each district
and where there is more than one nominee from a district there shall be an
election held for the district position.
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6.10
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Voting for Election of a Member to the Executive
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Where a vote becomes
necessary for the election of a member to the Executive, all financial
members of the Federation shall be entitled to exercise a vote.
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7. THE EXECUTIVE
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7.01
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There shall be an
Executive Committee ("the Executive") of the Federation consisting
of eleven (II) persons. Any New Zealand citizen maybe elected to be a member
of the Executive.
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7.02
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Term of Office
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Each elected member of
the Executive shall hold office for a period of about 3 years starting from
the date of his election at an annual general meeting and ending upon the
date of the annual general meeting in the third calendar year thereafter.
Notwithstanding this provision, each member of the Executive inclusive of the
Chairperson, unless he sooner vacates office, shall continue to hold office
until his successor comes into office.
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7.03
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Retirement
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The order of
retirement of members of the Executive shall by year at the annual general
meeting and by District and in like continuing manner be:
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1993 Mataatua, Tainui,
Te Upoko-o-te-lka, Te Tauihu-o-te-waka-a-Maui
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1994 Te Wai Pounamu,
Takitimu, Te Arawa
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1995 Aotea, Tairawhiti, Taitokerau
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2001 Ngati
Tuwharetoa
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7.04
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Extra-ordinary Vacancies
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Where a member of the
Executive dies, or becomes mentally disordered, or resigns, or is declared
bankrupt, or is convicted of an offence punishable by imprisonment, or fails
to attend three consecutive meetings of the Executive in person, the
Executive may declare the office of the member to be vacant, and where
possible notify the member accordingly. The powers of the Executive shall not
be affected by any such vacancy, and any such vacancy shall become the
subject of election at the next Annual General Meeting, The person so elected
to fill the vacancy shall hold office for the residue of the term of his
predecessor.
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7.05
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Chairperson
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At the first Executive
meeting following the Annual General Meeting, or following the vacation of
office by the Chairperson or Deputy Chairperson, the Executive shall appoint
from among its members a Chairperson and Deputy Chairperson and may for the
Chairperson pay such honorarium as the Executive sees fit.
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7.06
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Deputies
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Every Executive member
may from time to time in writing appoint a deputy to attend any meeting of
the Executive in his stead. Such deputy shall have all the powers (excepting
that of Chairman or as signatory to Federation cheques and any other
financial instruments) of the Executive member being deputised,
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7.07
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Meetings and Quorum
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Meetings of the
Executive may be convened at such times or places as the Chairperson
appoints, or as the Secretary appoints in the case of the Chairperson's
absence disability or refusal to act. The quorum of the Executive shall be
six Executive members.
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7.08
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Telephone Meetings
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The Executive may hold
telephone meetings. Before a telephone meeting proceeds to business, the
Chairperson shall ask each member taking part to in tum respond by way of
confirmation that he is in fact linked to and is taking part in the telephone
meeting. The Chairperson shall thereupon announce to the telephone meeting
the names of those members who have responded. The members so named shall be
conclusively deemed to be present at the telephone meeting and, unless given
permission to leave by the Chairperson, to have been present at all times
during the telephone meeting. A minute of the proceedings at a telephone
meeting shall be conclusive evidence of the proceedings and the regularity of
the meeting if certified as a correct minute by the Chairperson.
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7.09
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Procedure
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Except as provided for
in these rules, the Executive shall regulate its procedures as it sees fit.
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7.10
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Fees and expenses
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Executive members
shall be paid such meeting fees as may be fixed by the Federation in general
meeting and shall be reimbursed reasonable travelling and other expenses
incurred in attendance upon meetings of the Executive.
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8. POWERS OF THE EXECUTIVE
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The powers of the
Federation are vested in the Executive, inclusive of any power conferred by
these Rules or by special resolution passed at a general meeting, and
powers-
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(a)
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To pursue the primary
objects and all or any of the objects of the Federation and to limit such
activity for the benefit of members.
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(b)
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To exercise within and
outside New Zealand full capacity rights powers and privileges in the
discharge of the obligations of the Federation in the best interests of
members, to carry on or undertake any business or activity, do any act, or
enter into any transaction.
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(c)
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To appoint any person
sub-Committee or body under the proper control of the Executive to carry out
any specified tasks or duties, and to terminate any such appointment from
time to time.
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(d)
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To invest and
re-invest from time to time in such securities and upon such terms as it
thinks fit the whole or any part of the funds which are not required for the
immediate business of the Federation.
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(e)
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To charge for services
provided.
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(f)
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To borrow or raise
money, with or without security, and to secure payment of moneys so borrowed
by mortgage or debenture over, or charge upon, all or any of the real or
personal property of the Federation.
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(g)
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To contract with or
act as agent for any authority corporation Government Department, State-Owned
Enterprise or person to facilitate or carry out any scheme of benefit or
advantage to members of the Federation, subject to prior and proper
acceptance of authority to do so.
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(h)
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To hold any agency for
any insurance company in respect of all or any type of insurance writing
including reinsurance.
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(i)
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To purchase lease or
otherwise acquire land, buildings, and other real and personal property, and
to sell lease exchanges and otherwise deal with same.
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(j)
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To construct maintain
or alter any buildings or work necessary or convenient for the Federation.
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(k)
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To exercise any power
or authority conferred by any act of Parliament.
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(l)
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To prevent stop or
reduce any wasteful use of the resources of the Federation.
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9. DUTIES OF THE EXECUTIVE
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It is the duty of the
Executive to ensure the proper management and conduct of the affairs of the
Federation and to attend to all service requirements of the Federation
required by these rules.
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10. STAFF AND EMPLOYEES
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10.1
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Secretary and Treasurer
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The Executive may from
time to time appoint a fit and proper person, to be the Secretary of the
Federation and may pay such person a rate of remuneration it considers to be
reasonable and commensurate with tasks to be performed. The Executive may at
any time remove the Secretary from office. The Executive may also similarly
appoint a Treasurer or the Secretary as Treasurer.
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The Secretary (who may
be designated as the Chief Executive) shall have all such powers and duties
specified by these Rules and as the Executive may from time to time
determine. The Secretary shall at all times conform to the directions of the
Executive.
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10.2
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Other Appointments or Employees
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The Executive may from
time to time appoint or employ any person to carry out any service it
considers to be necessary or expedient, and may from time to time dismiss any
such appointee or employee.
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11. COMMON SEAL
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11.1
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Custody.- The
Secretary or such other person as may be nominated by the Executive, shall
have custody of the Common Seal.
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11.2
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Application.- The use
of the seal can be authorised only by resolution of the Executive and its
application is to be witnessed by the Chairman or Deputy Chairperson and two
other members of the Executive.
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11.3
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Register. - Every
application of the seal must be recorded in a register kept for that purpose
and a copy of every document to which the seal has been affixed must be kept
together with the register.
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12. ACCOUNTS BOOKS AND RECORDS
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12.1
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The financial year of
the Federation shall be from the 1st of July to the 30th of June in the
following year inclusive.
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12.2
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The Executive shall
hold in safe custody all records of the business of the Federation.
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12.3
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The Executive shall
keep or cause to be kept all usual and proper books of account all posted up
in which shall be kept full, true and complete accounts of the affairs and
transactions of the Federation.
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12.4
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All monies received by
or on behalf of the Federation must forthwith be paid to the credit of the
Federation in an account with such bank as is from time to time fixed by the
Executive.
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12.5
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All cheques and
withdrawal slips drawn on the account must be signed by the
Secretary/Treasurer together with one of two other members authorised by the
Executive.
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12.6
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No portion of the
income or property of the Federation shall be paid or transferred directly or
indirectly by way of profit to any member or members of the Federation.
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12.7
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The Executive shall
submit to the annual general meeting of the Federation an audited statement
of the annual accounts of the Federation for the financial year ended 30th
June and any other statement it deems necessary.
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13. AUDITOR
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The books of the
Federation must be audited annually and reported upon by an auditor appointed
at the annual general meeting of the Federation who shall be a member of the
New Zealand Society of Accountants.
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If a vacancy occurs
in the office of the auditor during any year, the Executive shall appoint an
auditor to hold office until the next annual general meeting.
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The Auditor shall be
paid such fee as may from time to time be fixed by the Executive.
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14. REGISTERED OFFICE
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The registered office
of the Federation is to be at such place as the Federation from time to time
determines in General Meeting. Due notice of change of office is to be given
to the Registrar of Incorporated Societies.
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15. WHERE NO RULE APPLIES
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If any case arises
which is not in the opinion of the Executive provided for in these Rules, and
which the Executive finds it must act in what it considers to be the best
interests of the Federation, the Executive may decide accordingly. Such
decisions made by the Executive shall be final but shall be reported in the
Annual Report to members.
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16. REGULATIONS
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The Federation may
from time to time by resolution in general meeting make amend or cancel
regulations not inconsistent with these Rules governing procedure at its
meetings and conduct of its activities in pursuance of its objects.
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17. ALTERATION OF RULES
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17.1
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These rules may be
altered, added to, or rescinded by an Annual General Meeting. Notice of any
proposed alteration, addition, or recision shall be given to the Executive
not less than 60 days before the date of the Annual General Meeting which is
to consider any proposed alteration, addition, or recision, and a copy of the
notice containing the proposed alteration, addition, or decision shall be
forwarded by the Executive to each member not less than 30 days before the
date of the said Annual General Meeting. The Executive itself may
similarly make any such proposed alteration or report comment or make
recommendation upon any such proposal to the Federation.
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17.2
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Every such proposed
alteration shall not be repugnant at law or inconsistent with the balance of
the rules and the Executive shall not notify any such proposal until it is
assured that it is.
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18. WINDING UP AND DISPOSITION OF SURPLUS ASSETS
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18.1
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The Federation may be
wound up if:
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(a)
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The Society suspends
its operations for a period of one year; or
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(b)
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The members of the
Society are reduced in number to less than 15; or
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(c)
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The Society is unable
to pay its debts; or
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(d)
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In the opinion of the
Federation. It is just and equitable that the Society should be wound up;
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AND the Federation at
a special general meeting called for the purpose passes a resolution to wind
up the Federation and if a subsequent general meeting called for the purpose
and held not earlier than 30 days from the date of the meeting confirms the
resolution to wind up the Federation.
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18.2
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A resolution under
this Rule means a resolution carried by not less than two-thirds of the valid
votes cast by members voting in person.
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18.3
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On winding up the
Federation, the Federation's assets shall be sold and all cash standing to
its credit after all outstanding accounts have been paid shall be distributed
to each current member in proportion to that member's total amount of
subscriptions paid to the Federation over the preceding 5 years.
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19. SAVINGS
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19.1
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All Maori Authorities
enrolled as members of the Federation at the commencement of these Rules
shall, subject to the provisions of these Rules, continue to be enrolled as
members of the Federation.
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19.2
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The members of the
Executive Committee of the Federation in office at the commencement of these
Rules shall, subject to the provisions of these Rules, continue in office for
the residue of the term for which they were appointed.
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19.3
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In these rules,
reference to any statute includes any amendment or re-enactment thereof
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