Constitution of the
Christchurch Amateur Radio Club Branch 05 NZART Incorporated
commonly known as the
Christchurch Amateur Radio Club
1. NAME.
The name of the Society shall be the Christchurch Amateur Radio
Club Branch 05 NZART Incorporated, commonly known as the
Christchurch Amateur Radio Club. "(Here in after called ""The
Club"")"
2. OBJECTS.
The objects of the Club shall be:
a) To maintain status as a branch of the New Zealand Association of
Radio Transmitters Incorporated as recognised by the
constitution of that Association.
b) To further the objects of the New Zealand Association of Radio
Transmitters Incorporated (hereinafter called "The Association")
an Incorporated Society under the Incorporated Societies Act
1908, and the objects set forth in the Constitution of The
Association shall be deemed to be also objects of the Club.
c) To establish and operate amateur transmitting station(s) under
the current Radio Regulations and amendments.
d) To foster an interest in the various branches of electronics as
applied to Amateur Radio.
e) To co-operate with Regional Councils, and the Ministry of Civil
Defence in the operation of a Civil Defence organisation under
the Civil Defence Act & its amendments, and to provide
communications where required by the New Zealand Police for
Search and Rescue.
f) To promote and support a section of the Amateur Radio Emergency
Corps
3. MEMBERSHIP.
a) Membership of the Club shall be open to all persons who have a
bona fide interest in radio and electronics upon making written
or oral application to the Club Committee, provided that no
person who is a licensed amateur but who is not a member of the
Association shall be admitted as a member of the club..
b) In addition to members, the Club may admit Associates.
Associates shall be persons who hold an Amateur operator's
certificate, but who are not members of the Association.
Associates shall have all rights of members, except the right to
vote or hold office in the Club.
c) The committee of the Club shall have the right to refuse
membership to any person.
d) Any member of the Club whose subscription is two months in
arrears shall not be entitled to vote, hold office, or enjoy any
other privilege of membership.
e) Any associate of the Club whose subscription is two months in
arrears shall not be entitled to enjoy any privileges of the
club.
f) Any member or associate may be deleted from the list of members
and associates upon becoming un-financial, provided that the
committee shall have given the member or associate fourteen (14)
days written notice (in the manner specified in Clause 14
hereof) of its intention to do so and the outstanding
subscription shall not have been paid within that time.
g) Nothing in this clause shall restrict the right of a person
attached to the Club by the Association for voting purposes in
accordance with clause 20(b) of the constitution of the
Association to vote with the Club on Association business.
4. PATRON, HONORARY MEMBERS AND HONORARY LIFE MEMBERS.
a) The Club may at any time in General meeting appoint a person of
standing and repute (who need not be a member of the Club or of
the Association) to be the Patron of the Club. The office of
Patron shall be a post of honour only, and shall carry no
executive responsibilities.
b) Honorary Life Members may be nominated by the Committee and may
be elected by a majority vote at an Annual General Meeting.
An Honorary Life Member is a member who over a long period has
performed distinguished service to the Club.
c) The Club may at any time in General meeting upon the written
recommendation of the committee appoint Honorary Members
(whether or not such person is already a member of the Club or
the Association) who shall hold office for a period of one year
from the date of their appointment. Honorary Membership may be
held by any member in addition to ordinary membership. Honorary
Members (unless they are also ordinary members) shall have no
right to vote and shall not be eligible to become officers of
the Club. An Honorary Member (whether or not also an ordinary
member) shall not be required to pay a subscription.
5. OFFICERS AND COMMITTEE.
a) The officers of the Club shall consist of the President,
Vice-President, Secretary and Treasurer and the Committee shall
consist of the officers, the Radio Station(s) Trustee(s), the
Section Leader of the AREC, together with not less than five
members.
These persons shall be elected at the Annual General Meeting of
the Club and shall hold office until the conclusion of the
following Annual General Meeting.
b) The Radio Station(s) Trustee(s) shall be appointed at the Annual
General Meeting for the ensuing year.
c) Not less than two thirds of the Committee shall hold a current
Amateur station License.
d) In lieu of a Secretary and Treasurer, the Club may elect a
Secretary/Treasurer to fill both offices in which case the
number of committee members allowed under sub-clause (a) hereof
shall be increased by one
e) The Committee may, at its discretion, co-opt further members to
assist it from time to time, but co-opted members shall have no
voting rights.
6. PROCEDURE OF THE COMMITTEE.
a) The Committee shall meet from time to time on an as required
basis and may make, repeal and amend such regulations as it may
consider necessary or convenient for the proper administration
of the Club. Such regulations, repeals and amendments shall be
binding on all members until otherwise determined by the
Committee provided that no such regulations shall conflict with
this Constitution, the Constitution of the Association or the
Incorporated Societies Act 1908.
b) The President, Vice-President or Secretary shall call Committee
meetings on such notice as is deemed fit.
c) A quorum of the Committee shall be five (5) committee members
present in person.
d) Any motion shall be valid and in full force and effect
immediately the result of the vote is declared.
e) Any member of the Club may be present at a committee meeting,
but shall have no right to vote there at and may take part in a
discussion only at the invitation of the Chairperson of the
meeting.
f) Save as expressly provided herein, the Committee shall determine
its own rules of Procedure for the conduct of committee
meetings.
g) Each Committee member present at any committee meeting may
exercise one vote on each motion before such meeting except that
in the case of equality voting, the Chairperson may exercise a
casting vote in addition to the Chairperson's deliberate vote.
7. POWERS OF THE COMMITTEE
a) The Committee shall have control of the funds and assets of the
Club and shall have all the administrative powers necessary for
properly carrying out the objects of the Club in accordance with
this Constitution.
b) Without restricting sub-paragraph (a), the Committee shall have
the following additional powers.
1) Generally to purchase, take on lease or exchange,
hire or otherwise acquire any real or personal
property and any rights and privileges which the
Committee may think necessary for the purpose of any
of the objects of the Club. In particular the
Committee may acquire any land, buildings,
easements, machinery, equipment or motor vehicles.
2) To construct, maintain, alter or dismantle any
buildings, equipment or works necessary or
convenient for the purposes of the Club.
3) To invest any funds of the Club not immediately
required upon any investments authorised by the law
of New Zealand for the investment of trust monies.
4) To sell, improve, manage, develop, exchange, lease,
dispose of or otherwise deal with all or any part of
the Club property.
5) To borrow or raise money by overdraft from any Bank
or in such manner as may be thought fit and to
secure the repayment thereof and in particular by
the issue of debentures or by mortgage or lien upon
the whole or any part of the Club property or assets
both present and future provided always that no such
debentures, mortgages, charges or liens shall be
made or given without the prior consent of the
members in General Meeting but no lender having
dealings with the Club shall be concerned to see or
enquire whether any such consent has in fact been
given.
6) The Banking of the Club shall be with such banking
concerns as may be from time to time directed by the
Committee.
7) All monies received by or on behalf of the Club
shall be paid into an account or accounts within
seven (7) days of receipt. Cheques, bills and
withdrawal forms drawn on such accounts shall be
signed by two of three committee members nominated
for that purpose by the Committee.
8) No monies owing by the Club shall be paid out or any
other payments made except with the authority of a
resolution of the Committee.
9) To engage, remunerate and dismiss salaried officers
and servants whenever this may seem expedient.
c) Not withstanding the foregoing the committee shall not dispose
of property in excess of the value of FIVE THOUSAND DOLLARS, nor
incur expenditure in excess of the sum of FIVE THOUSAND DOLLARS
without the prior approval of the Club in General Meeting.
8. ANNUAL GENERAL MEETINGS AND SPECIAL GENERAL MEETINGS.
a) The Annual General Meeting shall be called by the Secretary to
be held during the month of December each year. The notice of
meeting shall be in the hands of the members fourteen (14) clear
days before the appointed date. The agenda for the meeting shall
be set out in the notice convening the meeting and shall include
so far as is practical notices of any motions to be considered
at the meeting and shall be included with the notice of such
meeting.
b) A Special General Meeting may be called by the Committee at any
time. Notices of such meetings shall be in the hands of members
fourteen (14) clear days before the appointed date and be
accompanied by an agenda of such meeting.
c) A Special General Meeting shall be called by the President,
Vice- President or Secretary within thirty-one (31) days of
receipt of a written petition signed by not less than twenty
(20) financial members calling for the said meeting and setting
out in writing the motions for the said meeting to consider.
Notices of such meetings shall be in the hands of members
fourteen (14) clear days before the appointed date and be
accompanied by an agenda of such meeting.
d) A quorum at any Meeting shall consist of not less than
Twenty-five (25) financial members.
e) Voting at such meetings shall be by show of hands, voices or by
secret ballot whichever is decided by the meeting provided that
whenever it is necessary to elect Officers of the Committee of
the Club the vote shall be conducted by secret ballot.
f) Each financial member may exercise one vote on each motion
before such meeting except that in the case of equality of
voting the Chairperson may excersise a casting vote in addition
to a deliberative vote.
g) Except as is otherwise provided in this Constitution a simple
majority of members voting shall decide any question.
h) Except as provided in Clause 10 hereof any motion shall be valid
and of full force and effect immediately the motion be put and
voting be recorded.
i) The Annual General Meeting shall after hearing the
recommendation of the Committee fix the subscription for the
following year, and different rates of subscription may be set
for different categories of members.
9. OTHER GENERAL MEETINGS.
a) The Committee shall in addition to the Annual General Meeting
and any Special General Meetings call monthly general meetings
of the Club.
b) The business to be transacted at monthly general meetings shall
be as follows.
1) To receive apologies, to table correspondence and to
report on the Club activities conducted during the
previous month.
2) To deal with any Club or Association business.
3) To make recommendations to the Committee for the
control and management of the Club.
4) To receive an address or lecture upon a topic of
interest to the members generally and falling within
the objects of the Club.
c) The Committee may at its discretion dispense with the calling of
the monthly meeting or alternatively direct that the conduct of
business be dispensed with at any monthly general meeting but
shall ensure that before dispensing with business that the
proper alternative arrangements are being made for dealing with
urgent or regular Association business and that members of the
Club are kept informed of Association matters and are able to
exercise their voting rights as members of the Association.
10. ALTERATION OF THE RULES.
a) The constitution of the Club may be altered, rescinded or added
to by resolution passed at any Annual or Special General Meeting
and then only if the motion to amend, rescind or add to the
rules is passed with a 60% majority of those present in person
and entitled to vote at the meeting and provided further that
the Notice of the proposed alteration, rescission or addition
shall have been given in general terms in the notice calling the
meeting.
b) No addition to or alteration of the precuniary profit clause or
the winding u clause shall be approved unless professional
taxation advice as to the consequences of the change or repeal
is placed before the meeting considering the motion.
c) Immediately upon any addition alteration or rescission the text
of the alteration shall be submitted to the Council of the
Association for approval and shall then be presented to the
Registrar of Incorporated Societies for registration.
d) On any resolution to amend this constitution, voting shall be
confined to members who hold Amateur Operators Certificate.
11. SECRETARY'S DUTIES.
a) The Secretary shall conduct the correspondence of the Club and
shall keep the records thereof and in addition shall keep full
minutes of all committee meetings, monthly general meetings,
Annual General Meetings and Special General meetings.
b) The Secretary shall also keep a register showing the members for
the time being of the Club whether or not they are financial and
whether or not they are members of the Association.
12. TREASURER'S DUTIES.
All book keeping and accounting shall be done by the Treasurer
of the Club. The Treasurer shall keep all necessary accounts and
books and shall annually produce duly audited accounts to the
Annual General Meeting.
13. THE SEAL.
The Common Seal shall be kept in the custody of the Secretary.
It shall not be affixed to documents except with the authority
of a resolution of the Committee. The seal shall be affixed by a
Committee member in the presence of two other members of the
Committee, and all three members shall attest to the affixing
thereof.
14. SERVICE ON MEMBERS.
a) Any notices which by this constitution or by any regulations
made here-under is required to be served upon a member shall be
served by handing the notice to the member personally, or by
sending by registered post to the members last known residential
or business address.
b) Any notice of meeting shall be given to members (where such
notice is required to be given) by posting the same by ordinary
prepaid post to the members last known residential or business
address and the same shall be deemed to have been delivered in
the ordinary course of post.
c) No meeting shall be deemed improperly constituted and no
decision reached at any meeting shall be invalid solely on the
grounds that due to accident or inadvertence the requisite
notice has not been given to any member or members unless the
meeting itself determines otherwise.
15. REMOVAL OF OFFICERS AND COMMITTEE.
a) Any Officer or member of the Committee may resign from office or
from the Committee by giving notice in writing to the Secretary.
b) An Officer or member of the Committee can be removed from office
by a 60% majority vote on a resolution at a Special General
Meeting provided that the notice of intention to move the
Resolution has been given in the notice calling the meeting. The
officer or the Committee member shall be served with notice of
the Resolution in accordance with clause 14 (a) of this
Constitution and shall have fourteen (14) clear days notice of
this meeting.
c) The officer or the committee member shall be given the
opportunity to address the meeting or may read to the meeting a
written statement of reasonable length before the vote is taken.
d) Any vacancy in the officers or Committee between the Annual
General Meetings shall be filled by the Committee provided that
the Committee call a Special General Meeting to fill the vacancy
or may (without any notice) refer the matter to the next monthly
meeting of the Club whereupon the Club will fill the vacancy.
16. EXPULSION OF MEMBERS.
a) If in the opinion of the majority of the members attending the
Annual General Meeting or a Special General Meeting it shall be
considered that any member or associate of the Club is or has
been acting in a manner contrary to this constitution or
otherwise likely to bring Amateur Radio into disrepute then the
Annual General Meeting or Special General Meeting may direct the
Committee to enquire into the conduct of the member or
associate.
b) The Committee may thereupon conduct an enquiry, and shall as
nearly as may be follow the same procedures as council of the
Association is directed to follow in paragraph 6 of the
Association Constitution. The Committee may admonish the member,
or may expel the member from the Club.
c) Alternatively, the Committee may refer the matter to the council
of the Association for such action as council deems fit, and
upon such referral Council shall (in addition to any rights and
powers it has under the Association Constitution) have the same
powers as the Committee has under subparagraph (b) above. Upon
such referral, the Committee shall take no further action in
respect of any complaint concerning the same matters.
17. RESIGNATION.
A member of the Club may resign from membership by giving due
notice to the Secretary in writing but shall remain liable for
all subscriptions remaining due at the time the resignation
takes effect.
18. ACCOUNT AND AUDIT.
The financial year of the Club shall end at the end of the month
of September each year.
Within three (3) calendar months after the close of each
financial year the accounts of the Club shall be balanced and
duly audited to enable the Annual Report and Balance Sheet to be
prepared by the Committee.
19. AUDITOR .
An Auditor for the Club shall be appointed at each Annual
General Meeting. Membership of the Club shall not disqualify any
person from acting as Auditor.
20. REGISTERED OFFICE.
The Registered Office of the Club shall be at such address as
the Committee determines from time to time.
21. SOLICITOR.
A Solicitor for the Club may be appointed by the Committee of
the Club.
22. AMATEUR RADIO EMERGENCY CORPS.
a) The Club may establish a section of the Amateur Radio Emergency
Corps in accordance with the provisions of Clause 37 of the
Associations Constitution.
b) The accounts of any section so established shall be included
with and shall be audited with the Club accounts.
c) The Club may (subject to any regulations made by the
Association) make regulations relating to the operation of its
section of the Corps and defining the relationship between the
Corps and the Club.
23. CASES NOT PROVIDED FOR.
a) In the event of any question arising out of the interpretation
of this constitution or in the event of a case arising for which
no provision is made in this constitution, that question of
interpretation or matter for which no provision is made shall be
settled by the Committee of the Club.
b) Any member of the Club who is dissatisfied with any
determination of the Committee under this clause may within such
time as council shall allow appeal to the Council of the
Association after giving the Secretary seven (7) clear days
notice of his intention to do so. The decision of Council on any
appeal shall, saving the rights of any Court of competent
jurisdiction, be final and binding on the Club and the members
there of.
24. DISSOLUTION.
The Club may be wound up by the Resolution of a Special General
Meeting called together for that purpose of which prior notice
has been given at a General Meeting held not earlier than thirty
(30) days prior to the date of the Special General Meeting. At
such Special General Meeting specially convened for the purpose
of considering the dissolution of the Club and the disposal of
assets thereof, a resolution requiring the Club to be wound up
must be passed by a simple majority. At this Special General
Meeting the Committee shall be empowered to prescribe the method
and disposition of the funds and property of the Club provided
that the assets of the Club shall not on winding up be paid or
distributed amongst the members of the Club but shall be given
to or transferred to such other charitable institution or
institutions in CHRISTCHURCH or elsewhere with objects similar
to those of the Club as the meeting determines.