CONSTITUTION and RULES
of
THE METRO MT. ALBERT SPORTS CLUB INCORPORATED
(Incorporated 09
December, 1955 : 1955/159)
1. NAME
THE NAME of the Club is THE
METRO MT. ALBERT SPORTS CLUB INCORPORATED
2. OBJECTS
THE objects for which the
Club is established are :-
(a) TO act as the administrative and
parental body of any Metro Mt. Albert Sports or affiliated Club in any branch
of sporting and social activity.
(b) TO promote and encourage physical
training, athletic sports, gymnastics, games, sports and recreation, social
activities, together with the blending of a true sporting spirit on the playing
fields.
3. MEMBERS
(a) THE
Membership of the Club shall consist of four classes :-
(1) PLAYING MEMBERS
(2) NON-PLAYING MEMBERS
(3) ASSOCIATED MEMBERS
(4) HONORARY LIFE MEMBERS
(I) Any past-playing member or
non-playing member of the Club, may in recognition of distinguished services
rendered by him to the Club, be elected an Honorary Life Member of the club in
Annual General Meeting.
(ii) Nomination of any such member as an
Honorary Life Member shall be made in writing signed by two FINANCIAL members
of the Club and handed to the Honorary Secretary at least 14 days before the
Annual General Meeting at which it is intended to propose such nominations.
(iii) The Executive Council shall prior to
such Annual General Meeting consider such nomination, and may in its absolute
discretion decline the same, and in that event, the nomination shall not be
proceeded with, in which case the two nominators shall be notified of the
Executive Committee’s decision, but if the Executive committee shall approve
thereof, then such nomination may be proposed at such Annual General Meeting,
and if thereupon, two-thirds of the members present at such meeting shall vote
in favour of the motion, such nominee shall become an Honorary Life Member of
the Club.
(iv) Upon
election an Honorary Life Member shall be entitled to be provided by the Club
with a suitable badge.
(b) THE members shall consist of such
persons as are now members of The Metro College Association Football Club, the
Metro College Cricket Club, The Associated Members, The Members of the Parents
and Social Committee for the season 1955 or in case of the Cricket Club, the
1954-55 season, and such other persons as shall afterwards be admitted members
at a General Meeting or by the Committee according to the rules in force for
the time being and upon payment of the subscription to the Club funds
hereinafter fixed.
(c) NEW members may join the Club by
becoming duly registered players for any Metro Mt. Albert Sports or Affiliated
Club, or by becoming an Associated Member, provided that the Committee shall
have the power to refuse any such membership at its discretion, the quorum at
such meeting of refusal to be ten.
(d) Resignation of Members:
ANY
member may resign from his membership by giving to the Honorary Secretary
notice in writing to that effect and every such notice shall unless otherwise
impressed or agreed to by the Executive Committee take effect at the expiration
of seven days after the giving of such notice, but any such retirement shall
not release the member from payment of any subscription or levy due or payable
by him at the date of his retirement AND in the case of a retiring playing
member the Committee shall withhold giving such retiring member a clearance
from the Club until payment by him of any such subscription or levy so due or
payable by him.
(e) Expulsion of Members:
(1) IF representations be made to the
Executive Committee that any member shall have committed a breach of these
rules or any regulations made thereunder, or shall be guilty of insubordination
or misconduct which in the opinion of the Executive Committee is injurious to
the character, welfare or interests of the Club, a special meeting of the
Executive Committee shall be summoned to enquire into the matter and the member
whose conduct is in question, shall be summoned to attend and wait upon such
meeting. Such member if he attends shall
be informed of the charge against him, and after hearing him in explanation or
defence, and such evidence as they may desire to call, or if such member shall
fail to attend such meeting, then in his absence the Executive Committee, if it
finds such conduct to have been injurious a prejudicial as aforesaid may
either:-
(i) ADMONISH
such member, or
(ii) SUSPEND
such member for a period not exceeding 3 calendar months during which period he
shall not be entitled to any of the privileges of membership of the Club, or
(iii) CALL
upon such member to resign AND in default of his resignation being received
within 7 days of the same being demanded, then the Executive Committee may by a
majority of two-thirds of the members present at a subsequent meeting of the
Executive Committee at which the matter is again considered expel such member
and he shall forthwith without releasing him from any antecedent liability to
the Club, cease to be a member.
(2) THE Executive Committee shall be the
sole judge of what consists of misconduct or insubordination and it shall have
power to lay down regulations dealing with the conduct and discipline of
members.
(3) THE quorum for such a meeting of the
Executive Committee at which any member is expelled shall be ten.
4. SUBSCRIPTIONS
(a) EVERY member of the Club (other than
an Honorary Life Member ) shall forthwith upon his election to the Club or on
or before the 1st day of May or the 1st day of November (according to the Sport
played) shall pay to the Club such annual subscription as shall be fixed by the
Executive Committee for his particular class or section.
(b) ANY member who shall not have paid his
subscription as aforesaid, may, in the case of a playing member be debarred
from taking part in future games and in the case of all classes of members may
be debarred from all privileges of member of the Club and shall not be entitled
to vote at any meeting until such subscription has been paid.
(c) THE
Executive Committee may strike off the membership register the name of any
member whose subscription is not paid in
full as aforesaid, or who fails to pay any levy which may be imposed upon him
as hereunder provided for within 21 days after the imposition of the same shall
have been notified to him, and thereupon such person shall cease to be a member
of the Club. The Executive Committee may
however reinstate any such person upon receipt of such subscription and levy.
PENALTIES
(d) THE Executive Committee may impose
upon any member whose subscription shall not have been paid as in (a) above in
any year, a fine or penalty not exceeding ten per centum of the amount of such
subscription.
5. ALTERATION OF RULES
(a) THESE rules may be altered added to or
rescinded or otherwise varied or amended by a resolution passed by a majority
of two-thirds of the members present and voting at an Annual General Meeting or
at a Special General Meeting duly convened.
(b) ANY member desiring an alteration of
these rules shall give notice thereof in writing to the Honorary Secretary at
least 21 days before the meeting at which it is intended to propose such
alteration, addition, rescission, variation or amendment.
(c) THE Honorary Secretary shall give at
least 14 days notice to members of such meeting or shall set forth in the
notice convening such meeting the purport of the proposed alteration,
rescission, variation, addition or amendment.
(d) IF any such alteration, addition,
rescission, variation or amendment shall be duly passed, duplicate copies of
the same signed by at least 3 members of the Club shall forthwith be delivered
by the Honorary Secretary to the Registrar in accordance with the requirements
of the Act.
6. MEETINGS
(a) ANNUAL
GENERAL MEETINGS
(1) THE
Annual General Meeting shall be held not later than the 31st day of May upon a date and at a time and place
to be fixed by the Executive Committee for the following purpose:-
(i) TO
receive the Annual Report and Statement of Accounts for the preceding year duly
audited by the Honorary Auditor.
(ii) TO
elect Club Officers and members to the Executive Committee for the ensuing
year.
(iii) TO
appoint an Honorary Auditor for the ensuing year, such Auditor to hold no other
office in the Club.
(iv) TO
consider Notices of Motion provided that if the carrying of such proposed
motion would materially affect any of the above mentioned business then such
Motion shall be dealt with prior to such business.
(v) GENERAL business.
(2) AT
least 21 days notice of the date of such meeting shall be given by the Honorary
Secretary to all members by circular and/or by advertisement in the daily
press.
(3) NO
business other than that stated shall be transacted at such meeting unless
notice thereof shall have been given to the Honorary Secretary at least 14 days
prior to the Meeting.
(4) AT
least seven days before the date of the Meeting a further notice thereof and of
the business to be transacted thereat (including Notices of Motion) shall be
advertised in the daily press and/or sent by circular to all members together
with a copy of the Annual Report and Statement of Accounts for the past year.
(5) NOTICE
of the date for holding the first Annual General Meeting of the Club and of the
business to be transacted thereat having been given to members by circular
and/or by advertisement in the daily press, the provisions of sub-clauses (2)
and (4) hereof shall not apply in the case of the first Annual General Meeting
of the Club.
(b) SPECIAL GENERAL MEETINGS
(1) THE
President may order a Special General Meeting for such time and place as he may
think fit and it shall be the duty of the Honorary Secretary to call a Special
General Meeting:
(i) ON
receipt of a requisition in writing to that effect stating the business to be
transacted thereat signed by :-
(a) The President, or
(b) Three members of the Executive Committee, or
(c)
Ten members of the Club,
and
(ii) WHEN
otherwise required to do so by these Rules
(iii) SUCH
meetings so called shall be summoned to be held within 21 days from the receipt
of such requisition by the Honorary Secretary.
(iv) IN
the event of the Honorary Secretary refusing or neglecting to convene a Special
General Meeting when requested, the members signing the requisition may convene
the meeting forthwith.
(2) SEVEN
clear days before any such Special General Meeting, a notice thereof, and of
the business to be transacted thereat, shall be given to every member by
circular and/or by advertisement in the daily press and no business other than
that of which notice has been so given shall be brought forward at such meeting
except such business as shall in the opinion of at least two-thirds of the
members present directly arise therefrom
PROVIDED THAT in the event of the President desiring that a meeting be
held to deal with matters of urgency, the meeting may be called on shorter
notice given to members in writing at least 48 hours prior to the time fixed
for holding such meeting. As to what
constitutes urgency shall be determined by the Executive Committee:
(c) SERVICE
OF NOTICES
EVERY notice required to be given to
the members or any of them shall be deemed to have been duly given if posted to
him in a prepaid letter addressed to him at his last known place of abode or
business or if advertised in the daily press, and no meeting nor any resolution
passed thereat shall be invalidated by
reason of the fact that any member shall not have received notice of any
meeting.
(d) PROCEDURE
AT MEETINGS
AT all General Meetings the Chair
shall be taken by the President or in his absence by any other duly elected
Chairman.
(e) QUORUM
AT all General Meetings twenty members
personally present shall constitute a quorum.
If there is no quorum present within an hour after the time fixed for
commencement of the meeting, the meeting shall stand adjourned to the same day
and hour of the following week. Those
present at such adjourned meeting shall be competent to transact all the
business for which the meeting was called notwithstanding that there may be
fewer than twenty members present.
(f) VOTING
AT all General Meetings every
financial member present shall be entitled on every motion to one vote
exercised in person and no vote shall be given by proxy, and in the case of an
equality of votes the Chairman shall have a casting as well as a deliberative
vote. All four (4) classes of members
all have equality of voting.
(g) MODE OF
VOTING
(1) THE
mode of voting on all questions (other than elections) at all General Meetings
shall be by the voices, or if the Chairman or any other three members shall
require by a show of hands and the declaration of the Chairman than any
resolution has been carried shall be deemed conclusive evidence of the fact
unless a poll is demanded by at least five members immediately after the
Chairman’s declaration when the vote is taken on the voices or on show of
hands.
(2) THE
mode of voting on all elections at General Meetings where the nominations
exceed the vacancies (including the election of Honorary Life Members) shall be
by secret ballot for which purpose a returning officer and a sufficient number
of assistants and scrutineers shall be appointed at the meeting. In any such ballot every vote cast shall be
for the full number to be elected otherwise the vote shall be deemed to be informal.
(3) EVERY
question shall be decided by a majority of votes unless otherwise provided.
7. TRUSTEES
(a) THE Club in General Meeting may
appoint such number of Trustees as may be determined from time to time, may
determine the mode of appointment or retirement of such Trustees and may vest
in the Trustees any real or personal property securities or money of the Club
upon such trusts and subject to such conditions as the Club may from time to
time determine, and may define the powers and duties of the Trustees so
appointed and from time to time extend modify or vary such powers and duties.
(b) THE Executive Committee may from time
to time vest in the Trustees any real or personal property, securities or
moneys of the Club upon such trusts and subject to such conditions as the
Executive Committee may from time to time determine and may define the powers
and duties of the Trustees with respect to such property securities and moneys
so vested and from time to time modify or vary such powers and duties.
8. OFFICERS AND THEIR APPOINTMENT
(a) The Honorary
Officers of the Club shall consist of :-
(1) One Patron
(2) One
Vice-Patron
(3) One
President
(4) Such
number of vice-presidents as shall from time to time be determined in General
Meeting with power in the Executive Committee at its discretion to add to such
number during the year.
(5) An
Honorary Auditor who shall hold no other office in the Club.
(6) The
members of the Executive Committee whose constitution an appointment is defined
and provided for in the next succeeding Rule 9 thereof.
(7) Such
non-playing members of any subcommittee in charge of any Club activity.
(b) THE Officers of the Club other than
the delegates from each subsection of the club shall be elected in Annual
General Meeting an shall hold office for the
ensuing Club year and shall be eligible for re-election thereafter. The delegates mentioned hereof shall be two
delegates from each section of the Club and appointed for such purpose by the
Subcommittee controlling such section of the Club.
9. EXECUTIVE COMMITTEE
(a) THE Affairs and business of the Club
shall be controlled and managed by an Executive Committee consisting of:-
(i) The
President
(ii) The
Honorary Secretary
(iii) The
Honorary Treasurer
(iv) The
Assistant Honorary Secretary
(v) The
Assistant Honorary Treasurer
(vi) Four
General Committeemen.
(vii) Two
delegates from each subsection of the Club, at present:-
(i) Metro
College Football Club
(ii) Metro
College Cricket Club
(iii) Metro
College Parents and Social Club
and any
such Metro Mt. Albert Sports Club or affiliated Club as may from time to time
be established.
(b) EACH separate Metro Mt. Albert Sports
or affiliated Club may at the discretion of the Executive Committee elect such
officers, coaches, committee’s and delegates as may be necessary to adequately
control, maintain, fosters its own particular sport or activity. Each such Metro Mt. Albert Sports or
affiliated Club is a branch of the Metro Mt. Albert Sports Club and the members
of each branch shall be regarded as members of the Metro Mt. Albert Sports Club
Incorporated, bound by the rules, discipline and benefits of the Club.
(c) THE Executive Committee shall be
removable as a body or as to an individual member or members thereof and also
any Honorary Officer of the Club may be removed by a majority of two-thirds of
the financial members of the Club present and entitled to vote at a Special
General Meeting called for that purpose and in case such a removal shall be
effected the members present at such meeting shall then and there fill the
vacancy or vacancies arising thereby or elect a new Executive Committee to hold
office and carry on the business of the Club until the next succeeding Annual
General Meeting of the Club.
10. MEETINGS
OF THE EXECUTIVE COMMITTEE
(a) (1) THE first meeting of the Executive
Committee shall be called by the Honorary Secretary at the direction of the
President for such time and at such place as he shall determine and thereafter
the Executive committee shall meet t such times and places as it shall think
fit and it shall be the duty of the Honorary Secretary to call such meetings
for such times and places as may be required by the Chairman or by any other
three members of the Executive Committee.
(2) SHOULD
the office of Honorary Secretary be vacant or should the Honorary Secretary be
absent or incapacitated or fail within five days to call a meeting of the
executive Committee when duly requested to do so in accordance herewith any
officer or committee-man may call such meeting and any such meeting shall be
deemed to have been validly called as if it had been called by the Honorary
Secretary.
(b) AT the first meeting of the Executive
Committee it shall elect its own Chairman.
In the absence of the Chairman at any meeting of the Executive Committee
the Chair shall be taken by such other member of the Executive Committee as may
then and there be appointed and the Committeeman so appointed shall have and
may exercise all the powers and shall perform all the duties of the Chairman.
(c) AT all meetings of the Executive
Committee voting shall on all questions be by voice or if called for by two
members by show of hands or by such other method as the Executive Committee
shall then and there decide.
(d) EVERY question shall be decided by
majority of votes unless otherwise provided in these Rules.
(e) ON all questions the Chairman shall
have a deliberative vote and in the case of equality of votes he shall have a
further casting vote.
(f) AT all meetings of the Executive Committee
seven members shall constitute a quorum.
If within an hour after the time fixed for the commencement of such
meeting there is not a quorum the meeting shall stand adjourned to the same day
and hour of the following week when those present at such adjourned meeting
shall be competent to transact all business before the meeting notwithstanding
that there may be less than seven members present PROVIDED THAT in cases of
urgency five members of the Executive Committee including therein the Chairman
and the Honorary Secretary shall constitute a quorum for the purpose of dealing
with urgent business and the decision of the Chairman that any business is
urgent shall be final and conclusive and the fact that no notice of such
meeting has been given to or received by other members of the Executive
Committee shall not vitiate the proceedings of such meeting.
(g) A member of the Executive Committee
shall cease to hold office :-
(1) IF
he ceases to be a member of the Club.
(2) IF
he absents himself from three consecutive meetings of the Executive Committee
without leave or reasonable cause being shown.
(3) IF
he resigns his office by notice in writing to the Honorary Secretary.
(h) IN the event of any vacancy on the
Executive Committee arising out of the preceding sub-paragraph (g) the
Executive Committee shall have power to appoint a member of the Club to fill
the casual vacancy on the Executive Committee until the next Annual General
Meeting caused by the retirement of a committeeman and any committeeman so
appointed shall retire at the next Annual General Meeting together with the
rest of the Executive Committee but all or any of the Retiring Executive
Committeemen shall be eligible for re-election.
11. POWERS OF THE EXECUTIVE
(a) THE Executive Committee shall have
complete and entire management and control of the affairs concerns and business
of the Club and may exercise all such powers of the Club as are not by the Act
or these Rules required to be exercised by the Club in General Meeting, subject
nevertheless to these Rules, to the provisions of the Act and to such
regulations not being inconsistent with such regulations and provisions as may
from time to time be prescribed by the Club in General Meeting provided that no
regulation made by the club in General Meeting shall invalidate any prior act
of the Executive Committee which would have been valid if that regulation had
not been subsequently made.
(b) WITHOUT
prejudice to the generality of the powers conferred by the preceding sub-clause
hereof, the Executive Committee shall have the following powers :-
(1) TO
control invest and manage funds and property of the Club (except such funds and
property as may be under the control of the Trustees (if any) of the Club) but
subject to any special directions of the Club in general meeting and to incur
such liabilities as may be necessary in connection therewith.
(2) TO
acquire dispose of lease hire borrow lend mortgage or in any other way to deal
with or in any real and personal property in pursuance of all or any of the
objects of the Club.
(3) TO
vest in the Trustees any real or personal property securities or moneys of the
Club in such manner as may from time to time be determined.
(4) TO
appoint any persons to be vice-presidents of the Club.
(5) TO
appoint from its own members or otherwise such committees or sub-committees as
it may deem necessary from time to time to assist it in carrying out its duties
and to dissolve any such sub-committees or from time to time to change the
personnel thereof by revoking the appointment thereto of any member with or
without appointing a substitute.
(6) TO
appoint any member of the Club to fill any casual vacancy in any office of the
Club.
(7) TO
appoint such other Honorary Officers as it may think fit.
(8) TO
appoint such numbers of coaches and assistant coaches as may be required for
the adequate training and control of the Club’s teams and in its discretion
from time to time to cancel any of such appointments and to remove or suspend
the holders from office.
(9) (a) AT the commencement of each Club year
to fix and determine the amount of the annual subscription to be paid to the
Club by each class of member, with power in the case of a playing member to
vary such amount according to the age or respective club grading of such
playing member.
(b)
TO
segregate members into whichever class or classes of members to which Committee
shall judge the member to belong.
(10) TO
impose upon any member whose subscription shall not have been paid by the 1st
day of May, or the 1st day of January as the case may apply in any year a fine
or penalty not exceeding ten per centum of the amount of such arrears.
(11) TO
hire purchase lease or build suitable premises for the purposes of the Club and
to provide all necessary training equipment an furnishings therefor.
(12) TO
determine regulate an control the use by members of the Club’s training
facilities and social rooms and to control the social activities of the Club.
(13) TO
permit Affiliated Clubs or any approved body or person use of the Club’s
facilities on any occasion on which the same shall not be required by the Club
or its members.
(14) TO
control all teams entered by the Club in any competition in any branch of sport
and generally to regulate and control the conduct of all members of the Club.
(15) TO
hold enquiries into all matters questions and disputes affecting the welfare of
the Club and its members and to conduct such enquiries in such manners as it
may deem proper or expedient. The
decision of the Executive Committee in all such matters questions and disputes
shall be final and conclusive.
(16) TO
inflict such penalty as it thinks fit upon any member found guilty of any
infringement of the rules, regulations or by-laws of the Club including the
power to suspend such member during its pleasure or otherwise to penalise such
member.
(17) TO
determine all questions or disputes as to the construction or interpretation of
these Rules or any regulation or by-law made hereunder or of any expression
therein and to make decisions on any matters relating to the affairs of the
Club which are not or in the opinion of the Executive Committee are not,
provided for by these Rules or by any regulations or by-laws made hereunder and
it may if it deems fit so to do report the matter with its decision to a
General Meeting of the Club for confirmation.
(18) TO
make alter or revoke standing orders for the conduct of meetings.
(19) TO
institute conduct defend compromise or abandon any legal proceedings by or
against the Club or its officers or otherwise concerning the affairs of the
Club.
(20) TO
claim sue for and recover in the name of the Club or otherwise all or any of
the subscriptions or other moneys due to the Club by any member or another
person.
(21) FROM
time to time to make regulations and by-laws not inconsistent with these Rules
as it may think necessary or expedient for the purpose of carrying out these
Rules for the well-being of the club and for regulating its own proceedings and
defining the duties of any of the officers of the Club in so far as such duties
are not defined by these Rules and also from time to time to alter amend or
rescind the same regulations and by-laws PROVIDED THAT any regulation
made under this power may be reviewed by the Club in Genera Meeting.
(22) TO
exercise and do all and whatsoever may be deemed necessary or advantageous for
attaining all or any of the objects of the Club.
12. INDEMNITY
(a) THE Executive Committee and the Officers and
each and every one of them respectively shall be fully indemnified by an out of
the funds of the Club against any loss damage expense or liability incurred by
reason of or in connection with any legal proceedings instituted against them
or any of them for any act properly
done, omitted or suffered in relation to the performance or professed
performance of any of their official duties.
(b) THE Trustees (if any) of the Club shall be
and are hereby indemnified by the Club against all liability they or any of
them may hereafter incur as such Trustees in connection with any future
mortgages or debts over the property of the club and shall be and are
indemnified in like manner with regard to any transaction in connection with
the property of the Club they may hereafter enter into under the direction of
the Executive Committee or the Club in terms of these Rules.
13. DUTIES
OF HONORARY SECRETARY
IT shall be the duty of the Honorary Secretary:-
(a) TO attend all meetings of the Club and
the Executive Committee unless excused by reason of absence or incapacitation.
(b) TO call all meetings of the Club or of
the Executive Committee forthwith upon being requested so to do in accordance
with these Rules.
(c) TO keep a Minute Book in which he
shall record correctly all the proceedings of the Club and the business
transacted at General and Committee meetings.
(d) TO keep a register containing in
separate sections the names addresses and occupations of members of the various
classes and the dates at which they became members and the dates at which they
ceased to be members.
(e) TO conduct all correspondence of the
Club and keep and file the accounts documents records reports papers and
communications of the Club in such manner and for such purposes as the
executive Committee may appoint.
(f) TO keep a record of all attendance’s
at meetings of the Executive Committee.
(g) TO prepare and forward to the Register
of Incorporated Societies all notices returns and other documents as are
required by the Act and its amendment to be sent to the Registrar.
(h) TO arrange for the collection of all
moneys due to the Club. For any moneys
he may receive he shall give an official receipt and promptly account for such
moneys to the Honorary Treasurer.
(I) TO prepare immediately prior to the
Annual General Meeting and for presentation to such meeting an Annual Report on
the business and proceeding of the Club during the preceding twelve months,
and, prior to the Annual General Meeting to supply to each member a copy of
such report.
(j) TO obey all such lawful instructions
and to do and perform all such lawful acts and things, as may be given or
required to be done by a meeting of the Club or of the Executive Committee or
by the Act and its amendments or by these Rules.
(k) ON all occasions in the execution of
this office to act under the supervision control and direction of the Executive
Committee.
(l) TO do and perform all such other
lawful duties as may usually appertain to the office of Secretary.
14. DUTIES
OF HONORARY TREASURER
IT
shall be the duty of the Honorary Treasurer:-
(a) TO collect and receive all moneys due
to the Club to give or arrange to be given an official receipt therefor.
(b) TO be responsible for lodging all
moneys paid into his hands on account of the Club into the account or accounts
in the name of the Club in a Bank or Banks selected by the Executive Committee.
(c) TO keep such books of account as the
Executive Committee may from time to time require showing the Club’s receipts
and expenditure and all other matters usually entered in such books.
(d) TO pay out of the Club’s general
expense accounts debts and accounts contracted by the Club after the same shall
have been passed by the Executive Committee for payment.
(e) TO prepare in conjunction with the
Honorary Secretary, immediately prior to the Annual General Meeting, a
Statement of Accounts for the preceding 12 months ending 31st March, and, prior
to the Annual General Meeting to supply to each member a copy thereof, and to
present such documents to that meeting duly audited by the Honorary Auditor.
(f) TO obey all such lawful instructions,
and to do and perform all such lawful acts and things as may be given or
required to be done by a meeting of the Club or of the Executive Committee, or
by the Act and its amendments, or by these Rules.
(g) TO do and perform all such other
lawful duties as may usually appertain to the office of the Treasurer.
15. DUTIES OF ASSISTANT HONORARY SECRETARY
IT
shall be the duty of the Assistant Honorary Secretary to assist the Honorary
Secretary in carrying out the duties appertaining to his office, and in the
absence of, or incapacity of the Honorary Secretary, to take over and assume
the functions and duties and exercise all the powers of that person for such
period as shall be necessary.
16. DUTIES OF ASSISTANT HONORARY TREASURER
IT
shall be the duty of the Assistant Honorary Treasurer to assist the Honorary
Treasurer in carrying out the duties appertaining to his office, and in the
absence of, or incapacity of the Honorary Treasurer, to take over and assume
the functions and duties and exercise all the powers of that person for such
period as shall be necessary.
17. CONTROL AND USE OF THE FUNDS
(a) 1. ALL monies received by or on behalf
of the Club or its affiliated divisions shall forthwith be paid to the credit
of the account or accounts of the Club and its affiliated divisions in such
bank or banks as the Executive Committee may from time to time appoint.
2. THE
working and current expenses of the Club shall be paid out of such accounts
from time to time by the Honorary Treasurer on the direction of the Executive
Committee.
The working and current expenses of any
affiliated division, shall be paid out of that divisions accounts from time to
time, by that Division’s Treasurer, on the direction of that Division’s
Committee.
3. ALL
cheques and withdrawal slips drawn upon the Sports Club accounts shall be
signed on behalf of the Club by any two of the following officers, viz:
(i) THE
Chairman of the Executive Committee
(ii) THE
Honorary Secretary, or
(iii) THE
Honorary Treasurer
ALL cheques and withdrawal slips drawn
upon an affiliated divisions’ accounts shall be signed by the Chairman or
honorary Treasurer of the Executive Committee and any two of the following
officers, viz:
(I) THE
Chairman of the affiliated division
(ii) THE
Secretary of the affiliated division
(iii) THE
treasurer of the affiliated division
(4) ANY
negotiable instrument paid to the credit of such accounts for the purposes of
collection only may be endorsed on behalf of the club by either the Chairman of
the Executive Committee, or the Honorary Secretary, or the Honorary Treasurer.
(5) THE
Executive Committee may from time to time invest and re-invest in such securities and upon such
terms as it shall think fit, the whole or any part of the funds of the Club
which shall not be required for the immediate business of the Club and which
shall not comprise the “Trust Fund” of the Club hereinafter mentioned or be
under the Control of the Trustees (if any) of the Club.
(6)
NO
Metro College Club other than the Sports Club is permitted to collect and hold
funds other than for purposes expressly approved for by the Executive Committee
and held under it’s terms and conditions.
(b) TRUST FUND
(1) ALL
moneys and funds of the Club as may from time to time by resolution of an
annual or other general meeting of the Club or by resolution of the Executive
Committee be paid into any Trust account or Trust accounts in the name of the
Club in any Banks or Savings Banks, or be otherwise invested or appropriated,
for an particular purpose or activity of the Club shall constitute the “Trust
Fund” of the Club.
(2) THE
Trust Fund and all accumulations of income arising therefrom shall be kept
intact and shall not be drawn upon or used for any purpose (save for purposes
or investment or re-investment as provided for in sub-clause (5) hereof) except
by the authority of and for the purposes specified in a resolution passed by a
majority of four-fifths of the financial members present and entitled to vote
at an Annual General Meeting or at a Special General Meeting duly convened
PROVIDED HOWEVER that no resolution may be passed without the unanimous consent
of all financial members present which directs or authorises the payment or
appropriation out of the Trust fund of the “General running expenses” of the
Club in the generally accepted meaning of those words.
(3) ALL
cheques and withdrawal slips drawn upon any Trust account or accounts as
aforesaid shall be signed on behalf of the Club by all three of the following
officers viz. The Chairman of the Executive Committee, the Honorary Secretary
and the Honorary Treasurer.
(4) ANY
negotiable instrument paid to the credit of such accounts for the purposes of
collection only may be endorsed on behalf of the Club by either the Chairman of
the Executive Committee or the Honorary Secretary or the Honorary Treasurer.
(5) THE
Executive Committee may from time to time by resolution of a majority of
two-thirds of the members present and voting at a meeting of the members
present and voting at a meeting of the Executive Committee invest and re-invest
the Trust fund in securities for the time being authorised by law for the investment
of thrust funds in New Zealand and from time to time may vary and transpose the
same.
18. BORROWING POWERS
THE
Club shall in addition to the other powers vested in it have power to borrow or
raise money from time to time by the issue of debentures bonds mortgages or any
other security founded or based on all or any of the property and/or rights of
the Club or without any such security and upon such terms as to priority and
otherwise as shall seem fit to the Executive Committee who shall also be
entitled to exercise such power to borrow or raise money.
19. COMMON SEAL
(a) THE Common Seal of the Club shall be
that adopted by the Executive Committee
and shall be in the custody of the Honorary Secretary who shall be responsible
for the safe custody and control thereof.
ATTESTATION OF DOCUMENTS
(b) WHENEVER the Common Seal of the Club
is required to be affixed to any deed document writing or other instrument the
Seal shall be affixed thereto only upon the authority of a General or Special Meeting
of the Club or Executive Committee and then only in the presence of three
committeemen (one of whom shall be the President or Honorary Secretary) duly
authorised by resolution of the Club or Executive Committee who shall sign the
document or instrument to which the Seal is so affixed.
20. COLOURS
AND BLAZER
THE colours of the Club shall be Red
and Black and the wearing attire shall be that of regulation attire for each
sport.
21. TRAVEL
ARRANGEMENTS
NO
team of any Club may travel outside the jurisdiction of the sport played
without the permission of the Executive Committee.
22. REGISTERED
OFFICE
THE
Registered Office shall be at the residence of the Honorary Secretary, 7 Penton
Road, Mt Albert , or such place as may be decided upon.
23. WINDING
UP
THE
Club may be wound up in the manner provided by the Incorporated Societies Act,
1908 or any Amendment thereto or any Act passed in substitution therefor.
24. DISPOSITION
OF SURPLUS ASSETS
IN
the event of the dissolution or winding up of the Club the surplus assets and
funds available after the payment of the Club’s liabilities and the expenses of
winding up shall be transferred to the Mt Albert Borough council to be used for
the benefit of sport or provision of sporting facilities within its Borough.
25. INTERPRETATION
IN
these Rules except where a different intention appears :
“Act”
means the Incorporated Societies Act, 1908
“Registrar”
means the Registrar of Incorporated Societies
“Club”
means Metro Mt. Albert Sports Club (Incorporated) incorporated under these
Rules
“Chairman”,
“President”, “Executive Committee”, “committeeman”, “Honorary Secretary”, and
“Honorary Treasurer” mean respectively the Chairman, the President, the
Executive Committee. the Committeemen, the Honorary Secretary and the Honorary
Treasurer of the Club.
“Casual
Vacancy” means a vacancy occurring in any office or position for any reason
other than expiry of term or appointment.
“Member”
and “Meeting” mean respectively a member and a meeting of the Club.
“Year”
means the financial year of the Club from the 1st day of April to the 31st day
of March.