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Branches and Membership

The New Zealand Association of Radio Transmitters Incorporated

A Policy Statement by NZART Council (revised 1996)

Members will be aware of the requirement in paragraph 27 of the Association
Constitution that Branches must not admit to membership persons who hold an
amateur station licence, but who are not members of the Association.

Over the years there have been attempts to repeal or modify these
provisions, but successive National Conferences have made it quite clear
that members will have none of it. The rationale for this Constitutional
provision is that it provides at least one way in which non-members can be
denied the privileges which membership of the Association brings. We can not
stop our non-member brethren enjoying some benefits - such as the
negotiations the Association conducts with the licensing authorities, the
use of repeaters, and the enjoyment of the benefits of which bandplans
bring. Council is firmly of the view that it is unfair to those that do pay
their subscriptions if the lot of non-members is made easier by the ready
availability of member's privileges which the Association is, in fact, able
to withhold. Further, the Association has to take into account the feelings
of its many voluntary workers, who devote many hours to Association matters,
and, in addition, pay their subscriptions as well. These persons have even
greater cause to complain if the Association makes benefits available to
non-members who do not contribute to these benefits by at least joining the
Association and paying a subscription.

Branch Officers

It is disturbing to Council to find that some Branches not only fail to have
regard to their Constitutional obligations by ensuring that licensed
amateurs who are not Association members do not join the Branch, but even
have as Branch Officers persons who are licensed amateurs but not members of
the Association. This is clearly unconstitutional. If an Officer is not an
Association member, but is a licensed amateur, then there is a breach of the
Association Constitution. This should also be a breach of the Branch
Constitution - if it is not, the Branch Constitution is faulty and must be
brought into line. (See the Association's Constitution, paragraph 27.)

Regrettably there are one or two clubs that indulge in a fiction - they
attempt to evade their responsibilities to NZART, whether arising under
paragraph 27 or otherwise, by purporting to distinguish between the local
club and the NZART branch. This fiction ignores the realities, and is not
acceptable. The reality is that the local club itself is the NZART branch,
and the branch constitution must be changed to reflect this commitment to
NZART if that is necessary. Any attempt (for that it all it is ) to
circumvent the Association Constitution by resorting to this fiction is
unfair to the local NZART members, other NZART members, and the Association
itself.

Relationship between Branches and the Association

Sometimes, Branch members criticise these rules, often using catch phrases
such as "breach of human rights", or "interference with independent clubs".
These provisions of the Association Constitution are nothing of the sort.
They are part of the contract that members make when they join the
Association. By applying to become or by remaining an Association Branch,
the Clubs or Branches surrender their independence to the extent required to
conform with the Association's Constitution. Branches are expected to keep
their houses in order; if they are not prepared to do this, then they should
prepare to surrender their status as a Branch. There is nothing in the Human
Rights Act to prevent the Association and its branches from discriminating
between members and non-members.

Whose job is it to be the policeman?

The answer is- nobody's and everybody's. The Association's Constitution does
not specifically charge Council or any Officer with the task of enforcement.
So long as we remain members. we are all parties to the contract represented
by the constitution and we each individually have that responsibility. If a
Branch is incorporated in its own right, then the branch in its corporate
capacity also has that duty.

Hardship

Hardship is not a ground for failing to become an Association member.
Association subscriptions can be remitted under paragraph 7e of the
Association Constitution and Council will authorise this where there is
genuine hardship. But Council's experience has been that the genuine
hardship is rare indeed. Many claims of hardship over the years have been
found not to be genuine. Application for this concession should be made in
person by the member. Council will then usually discretely seek further
information from the Branch. Council would expect there would be no more
that a half a dozen cases throughout the country at any one time. The
privacy of the applicant is respected by ensuring that as few persons as
possible within the Association are aware of the application.

Why Are We Telling You This Now

Council has never said anything else. But there are now some situations
which create special problems for the Association.

The Association enters into contracts with public corporations and SOEs
relating to right of entry to land for the siting of repeaters. These
contracts recognise potential liabilities and require the Association as a
condition of the contract to take public liability insurance which could be
up to $2 million or more. This insurance will be taken on terms which will
extend to protect both the Association and individual members. Naturally,
the corporations we are dealing with take comfort in this insurance, as they
know that while the insurance is in place the Association has the
indemnities required to meet any claims. This means that to come within the
Association's cover, individuals must be members, as the Association has no
intention of paying additional premiums to insure against the actions of
non-members. If an individual incurs liability as agent of the Association,
then that individual must be a member to take the benefit of any cover the
Association arranges. The Association will not appoint non-members as its
agents, as this would nullify the insurance cover.

As branches have responsibility with the Association for repeaters, Branch
Officers are required to be Association members. This is no more than the
Constitutional requirement. Because of these matters, Council will, in
future, have to be more active in seeing that the Constitution is observed.

As the appointment of repeater trustees is an Association matter, even if
exercised through Branches, repeater trustees must also be members. This,
likewise, is a necessary consequence of the provisions of the Constitution.
Council, in future, will have to ensure that repeater trustees are
Association members, not only because this is a Constitutional requirement,
but also to ensure that the persons responsible for the operation of
repeaters have adequate insurance cover to meet the requirements of our
contracts with the public corporations.

Action

Take action now to ensure that your Branch complies with the Association
Constitution. Your Councillor will help you with advice as required.

This policy statement was first published in the August 1990 Break-In . It
is now reissued in a slightly revised form.

NZART Council February 1996

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