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Constitution 2011
7 August 2011
To the Cockle Bay Petanque Club Committee and Members.
I joined the Club May 2001 was seconded to the Committee April 2003 and elected President February 2004 a position which I have held since.
It was my intention to resign as President of the Cockle Bay Petanque Club at the A.G.M. Of 27th February 2011, as there was no member of the Club willing to take on the position I reluctantly agreed to take on the role for a further term.
At the Committee meeting 16th March 2011 I reiterated that I would like to resign from the position half way through the year, this time has now passed and I hereby give notice that as of the 1st October 2011 I will no longer be available for the duties of the office.
Committee wise I will make myself available for advisory duties, if needed.
I also have no problems in assisting in the running of the Club outside of the Committee.
Regards Warren Barrett
The old constitution from Cockle Bay Petanque Club (March 2010) have now been superseded.
CONSTITUTION OF THE COCKLE BAY PETANQUE CLUB 1999
(Amended at Annual General Meetings of 27th February 2005, 26th February 2006, 18th February 2007, 24th February 2008, 22nd February 2009 & 3rd March 2010)
1: The name of the Club shall be “Cockle Bay Petanque Club”.
2: Address of the Club:
The address of the Club shall be the address of the Secretary or any of the Officers of the Cockle Bay Petanque Club.
3: Objects:
The object of the Club shall be to encourage and develop the game of Petanque in the Eastern Suburbs of Auckland.
4: Membership:
(A) The Club membership shall be open to people of all ages.
(B) The Club may consist of Ordinary Members, and Life Members.
5: Admission of Members:
(A) A prospective member must participate in at least 3 (Three) days of Club play before being eligible to join the Club.
If having participated in 4 (Four) days of Club play a prospective member has not become financial they will then be asked to become financial.
Continuation of membership in the Club shall be dependant on payment of the appropriate membership fees.
Any departure from this rule may be considered by the Committee.
(B) Members may be admitted as Life Members of the Club for meritorious service in the interest of Petanque. The Committee may recommend candidates for life membership to the members for admission at an Annual General Meeting of the Club and that admission shall be by vote of the members.
6: Termination of Membership:
(A) A member may resign their membership by giving to the Secretary notice in writing to that effect. (B) Termination of non financial membership will come into effect after 3 months of the new financial year.
(C) The Committee may at any time by letter invite any member to retire for any form of misconduct that is detrimental to the Club and in default of such retirement expel a member at the meeting of the committee.
(D) Every person upon ceasing to be a member of the Club forfeits all rights to and claims upon the Club and its property.
7: Subscription and Affiliation Fees:
The Annual Subscription fees shall be such sums as shall be determined at the Annual General Meeting in each year and any Affiliation Fees as set by the Auckland Petanque Association Inc. (APA) and Petanque New Zealand Inc. (PNZ).
These fees to be paid at the time of making application for membership and thereafter due annually immediately following the AGM.
8: Management Committee:
The Committee shall be made up of members of the Cockle Bay Petanque Club. President, Secretary, Treasurer and not more than seven General Committee Members. An elected member shall continue to hold office until they vacate their office or are replaced by the Club. The Committee may from time to time co-opt Club members to the Committee for specific tasks.
9: By-Laws:
The Committee shall from time to time make, repeal, and amend all such by-laws and regulations (but not being inconsistent with these rules) as they shall think expedient for the internal management and well being of the Club.
10: Annual General Meeting:
The Annual General Meeting of the Club shall be held prior to March 1 in each year upon a date and at a time to be fixed by the Committee The notice for the A.G.M. shall be not less than four weeks (twenty eight days) before the A.G.M. For the following purposes:
(A) To receive from the Committee a President’s report, Balance Sheet and Statement of Accounts for the preceding financial year.
(B) To elect Officers and the Committee for the coming year.
(C) To decide whether to appoint an Auditor for the ensuing year and appoint one if voted to do so.
(D) To decide on any motion which has been submitted to the meeting according to the provisions of this Constitution.
(E) To determine the annual subscription and affiliation fees for the forthcoming year in accordance with Item 7.
(F) To discuss any matters of general business.
(G) Any member wishing to submit any motion in terms of Rule 15 at the Annual General Meeting shall give notice thereof in writing to the Secretary not less than three weeks (twenty one days) before the date of such meeting.
(H) Not less than Two Weeks (fourteen days) before the Annual General Meeting a notice of the business to be covered at the A.G.M. shall be delivered to each financial member of the Club.
A notice is considered to be delivered three business days after it is sent to the last known address of the intended recipient. Delivery of the notice may be by post, e mail, or verbally via a third party.
11: Special General Meetings.
(A) At Special General Meetings only the business for which the meeting was convened shall be dealt with.
(B) A Special General Meeting shall be held within three weeks (twenty one days) after receipt by the officers of the Club of a written request, signed by at least four financial members of the Club (not life members) and setting forth the business to be transacted in the form of a motion(s) or object(s) of such meeting.
(C) If the committee does not within ten days call such a meeting any of the requesters may, subject to the provisions of this Constitution as to notice, convene it, and hold it at an appointed place.
(D) A Special General Meeting may at any time be summoned upon the initiative and order of the Committee provided that three weeks (twenty one days) notice is given to all members.
12: Procedures at Meetings:
At all General Meetings of the Club the President or in that person’s absence a member of the Committee shall take the chair. Every member present shall be entitled to one vote upon every motion and in case of equality the chair shall have a second or casting vote.
13: Quorums:
The quorum of Committee meetings shall be a minimum of five. All other meetings shall be a minimum of ten.
14: Voting:
The voting at all meetings, including meetings of the Committee shall in the first instance be by voice provided that if not less than two members shall so demand voting shall be by show of hands. Provided also that if not less than two shall so demand voting shall be by secret ballot.
15: Interpretation of rules:
The Committee is the sole authority for the interpretation of these rules, and of the By-Laws and Regulations made there under, and the decision of the committee upon any question of interpretation or upon any matter affecting the Club and not provided for by these rules or by the By-Laws and Regulations made to hereunder shall be final and binding on the members.
16: Alteration to Rules:
(A) These rules may be added to, repealed, or amended by resolution of which notice has been given in terms of Rule 9 at any Annual or Special General Meeting provided that no such resolution shall be deemed to have been passed unless it is carried by a majority of at least two thirds of the members voting thereon.
(B) Any changes to the rules shall not affect the non profit aims, personal benefit or winding up clauses
17: Control of Funds:
The control and investment of the funds of the Club shall be with the Committee. The Treasurer shall carry out banking operations on the Club Account and all cheques drawn on or withdrawals from the Club funds shall be operated upon under the signature of the Treasurer countersigned by one of two selected members of the Committee.
18: Indemnity:
The Club shall not be liable to any person for injuries or damage resulting from activities or neglect of the Club or any of its members.
19: Winding up:
The way in which the assets of the Club shall be disposed of in the event of a winding up shall be decided by a Special General meeting. (See Clause 11)
(A) If upon winding up or dissolution of the Cockle Bay Petanque Club there remains after the satisfaction of all its debts and liabilities any property whatsoever the same shall not be paid to or distributed among the members of the Cockle Bay Petanque Club but shall be given or transferred to some other charitable organisation or body having objects similar to the Cockle Bay Petanque Club, or for some other charitable purpose, within New Zealand.
(B) No member of the organisation or any person associated with a member shall participate in or materially influence any decision made by the organisation in respect of the payment to or on behalf of that member or associated person of any income, benefit or advantage whatsoever.
(C) Any such income paid shall be reasonable and relative to that which would be paid in an arm's length transaction (being the open market value). The provisions and effect of this clause shall not be removed from this document, and shall be included and implied into any document replacing this document." (this clause is a requirement of the I.R.D New Zealand)
STATUTORY DECLARATION:
Made this day ………………………………….
Chairman …………………………………..
Secretary ………………………………….
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