Statut

 

RULES OF THE AUCKLAND POLISH ASSOCIATION INCORPORATED

 

  1. NAME:

The name of the Association shall be “The Auckland Polish Association Incorporated”.

 

  1. SEAT:

The legal seat of the Association is the city of Auckland.

 

  1. TERRITORY:

The Association’s activity embraces the whole territory of Auckland.

 

  1. CHARACTER:

The Association is a democratic, non-party, non-political, charitable organisation.

 

  1. OBJECTS:

The objects of the Association shall be:

  1. To promote the advancement of education, religion, relief of poverty
    and benefit to the community, provided that no amendment shall be made to this clause and to clause 20 hereof without the consent of the Inland Revenue Department.
  2. To maintain contact between the members of the Polish community in New Zealand.
  3. To promote the spread of Polish culture.
  4. To maintain contacts with similar organisations in New Zealand and abroad.
  5. To assist members to obtain suitable living conditions in New Zealand.
  6. To establish and assist self-help cells.
  7. To help orphaned children, invalids, and other needy persons residing in New Zealand and in Poland and especially those with a Polish background.

 

  1. POWERS OF THE ASSOCIATION:

The Association shall have the power to enter into any kind of civic
and commercial agreements as well as to be a party in court proceedings.

 

  1. CLASSES OF MEMBERSHIP:

The members of the Association shall consist of:

  1. Ordinary members.
  2. Associate members.
  3. Honorary members.
  4. Supporting members.
  5. Foundation members.

 

 

 

 

  1. ORDINARY MEMBERS:

Any person of Polish descent or married to a person of Polish descendancy over the age of 18 years domiciled in New Zealand shall be eligible for election
as an Ordinary Member.

  1. ASSOCIATE MEMBERS:

Any person of Polish descent from 15 – 18 years of age domiciled in New Zealand shall be eligible for election as an Associate Member.

  1. HONORARY MEMBERS:

Any person irrespective of his (her) descent and residence who has given
the Association or the Polish cause specially meritorious service shall be eligible for election as an Honorary Member.

  1. SUPPORTING MEMBERS:

Any person or organisation who is morally or materially contributing to
the growth of the Association is eligible for election as a Supporting Member.

  1. FOUNDATION MEMBERS:

Any person who has contributed financially and/or with labour in the construction of the Association’s premises up to the 8th February 1976 qualifies to be a Foundation Member of this Association. All Foundation Members shall be confirmed at the Association General Meetings. A Foundation Member need not be a current financial Ordinary Member. Unless they are also financial Ordinary Members, Foundation Members shall have no right to vote except at a General Meeting to decide whether or not the Association should be wound up. This vote is in addition to the vote a Foundation Member may have as a financial Ordinary Member of the Association.

 

  1. RIGHTS AND DUTIES OF MEMBERS:

Ordinary Members enjoy full rights including the right to elect and to be eligible for election as members of the Executive. Associate, Honorary, Supporting
and Foundation Members unless they are also financial Ordinary Members do not enjoy these rights, but are entitled to all benefits from the Association
and to taking part in the General Meetings of the Association in an advisory capacity, except in the case of a vote to wind up the Association, in which case Foundation Members, as defined herein, shall also be eligible to vote.

 

All members have duty to observe the rules and to collaborate loyally in achieving the Association’s objectives, and pay their subscriptions.

 

Only financial member are eligible to vote.

 

Leave or Absence may be granted to current financial members.

Pensioners as members of the Association may be exempt partly or fully from payment of their annual subscription by the resolution of the Executive Committee, yet still retain their rights and membership.

 

 

 

 

 

 

  1. ELECTION OF MEMBERS:     
    1. To become a Member, a person (“the Applicant”) must:
      1. Complete an application form,
      2. Supply any other information the Executive requires.
      3. pay an administration fee which is equal with the first year
        of subscription
    2. As soon as reasonably practicable after the receipt of an application
      the Secretary shall refer the application to the Executive and the Executive shall determine, in their absolute discretion, whether or not to accept or reject the application. The Executive shall advise the Applicant of its decision.
      If the Applicant does not accept the decision he or she should, within 14 days

of being informed of the decision, apply in writing to the Executive for
a review of the decision. Should Executive maintain the decision the applicant should appeal within 14 days for the next General  Meeting to review
 the decision of the Executive. The decision of the General Meeting is final.

  1. The Executive may interview the Applicant when it considers Membership Applications.
  2. Where an Application is approved, the Secretary shall enter the accepted Applicant’s name in the Register of Members and upon the name being so entered, and the required membership fees being paid, the applicant becomes
    a Member.
  3. New members are to be presented at the Annual General Meeting
    by Executive

 

10. LOSS OF MEMBERSHIP:

Members lose their membership through:

  1. Resignation submitted in writing;
  2. Expulsion;
  3. Failure to pay their subscription for a period of two years.

     

In the event of loss of membership it will be necessary for the former member to complete a new application form as if joining the Association for the first time.

 

  1. EXPULSION:

A member may be expelled from the Association for conduct which in the opinion of the Executive is detrimental to the Aims and Objectives of the Association.

Each case of expulsion shall be decreed by the Executive.
A member affected by such a decision shall have the right of appeal to the next General Meeting provided that this appeal is submitted to the Executive
within a fortnight from the day following the receipt of notification of expulsion. The decision of the General Meeting is final.

 

 

 

 

 

 

 

  1. CONTROLLING BODIES OF THE ASSOCIATION :

The controlling bodies of the Association are:

  1. The General Meeting.
  2. The Executive.
  3. The Audit Committee.
  4. The Arbitration Council.

 

  1. THE GENERAL MEETING:

The General Meeting is the highest controlling body of the Association and elects other controlling bodies of the Association. The General Meeting takes its decisions with an open or secret voting by simple majority, provided
that a particular article of these rules does not state otherwise.

In case of an equality of votes the Chairman will have the casting vote.
All members of the Association should be notified in writing of any General Meeting at least 10 days before its date. The notice should contain the proposed agenda of the meeting called.

 

All Ordinary financial members may participate in the General Meeting or Special General Meeting indirectly by giving a special written authority (proxy) to other financial members of the Association.

 

Thirty Ordinary members form a quorum of the General Meeting in the first term, whereas in the second term twenty members form a quorum with the stipulation that the General Meeting in the second term cannot begin earlier
than the half-an-hour after the first term.

If however on the second term a quorum is not reached, those who are present constitute the quorum of the third meeting.

 

  1. GENERAL MEETING:

A General Meeting may be:

  1. Annual.
  2. Special.

 

  1. THE ANNUAL GENERAL MEETING:

The Annual General Meeting is called annually by the Executive as early as possible after the close of the Financial Year. The Financial Year of the Association ends on the 31st March of each Year.

 

The Agenda of such General Meeting shall consist of:

  1. Nominating the chair of the General Meeting  
  2. Receiving the report of the Executive.
  3. Receiving the Statement of Income and Expenditure and the Balance Sheet for the year of the Executive.
  4. Receiving of the Audit Committee Report.
  5. Receiving other Committee Reports.
  6. Election of a new Executive every second year.
  7. Election of other controlling bodies of the Association every second year.
  8. Approve Annual Subscription.
  9. Approval of the maximum spending of the Executive for the year and donation.
  10. General Business.

 

  1. A SPECIAL GENERAL MEETING:

A Special General Meeting may be called by the resolution of the Executive,
or on the written requisition of thirty or more ordinary members. In the latter case the Executive shall call the meeting not earlier than 10 days and not later than 30 days following the receipt of a requisition to hold such a meeting.

If the Executive fails to call a meeting within the specified time, the Authors
of the requisition shall have power to call such meeting.

 

  1. EXECUTIVE:

The General Meeting elects the Executive in a secret ballot.
The Executive shall consist of not less than six members and not more than ten.
It shall consist of:

President,

Vice-President,

Secretary,

Treasurer

And Members of the Committee.

 

The General Meeting elects by secret ballot the President separately,
and then remaining members of the Executive who with President’s consent divide amongst themselves the particular functions.

 

The Executive is elected for 24 months

 

The Duties of the Executive are:

  1. To formulate the programme of the Association’s work and to supervise its carrying out.
  2. To nominate sections dealing with education, entertainment and self-help.
  3. To collect subscriptions.
  4. To deal with and administer day to day affairs.
  5. To protect the assets of the Association.

 

The Executive has the power to borrow money, grant securities or enter into
any agreement for purchase or sale of any assets or realty, but if any such transaction exceeds the sum which was approved at the last Annual General Meeting, the Executive has to call a Special Meeting to approve spending.

 

Donations for the year are not to exceed the sum approved at the Annual General Meeting in total, unless otherwise approved by the General Meeting or a Special Meeting called for that purpose.

 

The members of the Executive  do not receive payment for their activities, half
of the members shall form the quorum at meetings of the Executive.

 

 

The President, or failing him/her the Vice-President or a member of the Executive authorised by the President, shall preside at Executive meetings.
The decisions of the Executive are passed simply by majority of votes.

In the event of an equality of votes the Chairman shall have the casting vote.
The resolution of the Executive shall be entered in the Minute Book approved
by the Executive and signed by the Chairman.

In the event of the number of members being reduced to below 6 the Executive shall call a Special General Meeting to fill the vacancies.

 

The Executive of the Association organises the Association’s activities, supervises their execution and represents the Association.

 

Persons cease to be  Executive when:

  1. They resign by giving written notice to the Executive, then the Executive should fill in vacancies as required which shall be voted on at the nearest General Meeting.
  2. They are removed by majority vote of the Society at a Society General Meeting
  3. Their Term expires

 

  1. AUDIT COMMITTEE:

The Annual General Meeting elects an Audit Committee consisting of three members. A member of the Executive cannot be a member of the Audit Committee.

The Audit Committee shall Audit the books and accounts of the Association, give an opinion as to the advisability of expenses and submit reports to the General Meeting. The Executive shall make available to the Audit Committee
 the necessary books and accounts, minute books and other information
the Audit Committee may require.

 

  1. ARBITRATION COUNCIL:

Personal disputes between members of the Association may be entrusted, on request or with the consent of the parties concerned, to the Arbitration Council, elected by the Annual General Meeting.

 

  1. FUNDS OF THE ASSOCIATION:

The source of the Association’s funds is:

  1. Subscriptions of members.
  2. Donations.
  3. Revenue from functions
  4. Other revenues

 

The entrance fees and subscriptions and the time of their payments are recommended by the Executive and approved by the General Meeting.
 If the Executive makes no recommendation as to the entrance fees
and subscriptions the last such fees approved by the General Meeting shall apply.

 

 

 

 

  1. COMMON SEAL:

The Association shall have a Common Seal which shall be kept in the custody
of the President, and which shall not be affixed to any document or implements except pursuant to a resolution of the Executive and in the presence of the President and the Secretary who shall sign every deed or implement to which
the Seal is attached.

 

  1. WINDING UP OF THE ASSOCIATION AND DISPOSING OF FUNDS AND PROPERTY:

The Association may be wound up if this is decided by the General Meeting
in accordance with the rules provided by Section 24 of the Incorporated Societies Act 1908. At the same time the General Meeting shall authorise the disposal of the funds and property of the Association for charitable purposes within New Zealand.

 

  1. AMENDMENT OF RULES:

Amendment of Rules may be passed when moved by the Executive or individual members of the Association only by the General Meeting with a qualified majority (two thirds of those present and entitled to vote at the Meeting).

 

  1. INTERPRETATION OF RULES:

Interpretation of Rules is a prerogative of the Executive, but individual members have the right to query its interpretation at a General Meeting whose decision shall be final and binding on all parties.

 

  1. DATE THESE RULES COME INTO OPERATION:

These rules shall operate and be in force from the date of their registration
with the Registrar of Incorporated Societies.

 

24. The Executive may from time to time make alerts rescind bylaws for the general

management of the society so long  as these are not repugnant to these rules
or to the provision of law. All such bylaws shall be binding on members
of the Society. A copy of the bylaws for the time being, shall be available
for  inspection by any member on request to the Secreatary

THE FOLLOWING "CLAUSES" HAVE NOT BEEN CHANGED

Clause 1; 2; 3; 4; 5; 6; 7; 8; 11; 12; 16; 17; 18; 19; 20; 21; 22; 23

 

PROPOSED CHANGES

Clause: 9; 10; 13; 14; 15; 24

DATE OF ISSUE: 10/04/2017

Polski