Constitution of GOPIO NZ Inc

 

1.0     Title –  These Rules shall be cited as “The Rules of GOPIO NZ INCORPORATED”       

2.0     Name:

The name of the society is “GOPIO NZ INCORPORATED”

3.0     Registered Office:

The registered office of the Society shall be at the office of the Secretary or such office as the Executive Committee Society may  determine from time to time. The Registrar of Incorporated Societies shall be promptly notified of any changes in the location of the Registered Office. 

4.0     The purposes of the Society are to:

a) be  a non-partisan, non- sectarian global organisation engaged in promoting well-being and quality of life of non-resident Indians and people of Indian origin working in New Zealand; enhancing cooperation and communication between groups of Indians living in different parts of New Zealand and other countries of the world and in furthering their cooperation with India.

b) Be a non-profitable organisation where private pecuniary gain is not a purpose and where all donations/ money received are used only for advancing the objectives set out below.

5.0     Objectives:

a) To foster contacts, friendship, and understanding to the greatest extent possible, among the people of Indian origin in New Zealand; to enhance the quality of life, thus contributing positively to the country they have chosen to live.

b) To preserve and nurture the special cultures of India and to encourage bring up the younger generation of members within the cultural heritage, so that New Zealand is benefited by the wealth of their positive contributions within the overall purpose of GOPIO.

c) To promote all different Indian languages and literature among the members and in particular the younger generations; to help develop the interests of the youth in Indian culture.

d) To imbibe the Indian spirit in the members and communities of Indian Origin in New Zealand in every possible way; ensuring the young get inspired by the values of being from an Indian origin to positively contribute to New Zealand.

e) To organise and recognise activities of educational and cultural value so that the Society as a whole is benefited.

f) To represent the settled New Zealand Community of Indian origin, and to safeguard and promote its interests in dealing with other organisations and institutions, with members of the public, with businesses and with government agencies, people from the community who can be adapted to solicit the insight and expertise of direct, or co-ordinate, giving them a fair chance to lead.

g) To assist members, particularly families and senior citizens, in whatever way possible especially in times of difficulties, misfortune and the time when support is most needed.

h) To give advice, guidance, and help in their effort to settle into the new environment

6.0     Membership

a) Any person who is of Indian Origin is eligible to become a member by application and payment of prescribed fees approved by governing executive body.

b) If the membership lapses then the member become to participate in any of the activities of the society including meetings (if dues are not paid)

c) The eligibility to the vote at the meeting of the society and its committees will be restricted to the members who are eighteen years of age or older.

7.0   Powers:

a) Incidental or conducive to the carrying out of the aforesaid objects, the Society shall ensure that it only uses money and other assets of the society in:

i) furthering the objects of the Society and to invest any funds not immediately required if thought fit, and to receive bequests, subscriptions and donations for approved specific or general purposes connected with or incidental to any objects of the Society and to manage and administer the same.

ii) Ensuring it is not for the sole, personal or individual benefit of any member; and

iii)  That the use is approved by either the Executive Committee or majority vote of the Society.

8.0   Cessation of Society Membership

8.1   Any Member may resign by giving written notice to the Secretary.

8.2   Membership terminated in the following way:

a) If, for any reason whatsoever, the Executive Committee is of the view that a Member is breaching the Rules or acting in a manner inconsistent with the purposes of the Society, the Executive Committee may give written notice of this to the Member (“ The Executive Committee’s Notice”). The Executive Committee’s Notice must:

i) Explain how the member is breaching the Rules or acting in a manner inconsistent with the purposes of the Society;

ii) State what the Member must do in order to remedy the situation; or state that the Member must write to the Executive Committee giving reasons why the Executive Committee should not terminate the Member’s Membership

iii) State that if, within 14 days of the Member receiving the Executive Committee’s Notice, the Executive Committee is not satisfied, the Executive Committee may in its absolute discretion immediately terminate the member’s Membership.

iv) State that if the Executive Committee terminates the Member’s membership, the Member may appeal to the Society.

b) 14 days after the member received the Executive Committee’s Notice, the Executive Committee may in its absolute discretion by majority vote terminate the Member’s Membership by giving the Member written notice (“Termination Notice”), which takes immediate effect. The Termination Notice must state that the Member may appeal to the    Society at the next Meeting by giving written notice to the Secretary (“Member’s Notice”) within 14 days of the Member’s receipt of the Termination Notice.

c) If the Member gives the Member’s Notice to the Secretary, the Member will have the right to be fairly heard at the Society Meeting held within the following 28 days. If the Member chooses, the Member may provide the Secretary with a written explanation of the events as the Member sees them (“the Member’s Explanation”), and the Member may require the secretary to give the Member’s Explanation to every other Member within 7 days of the Secretary receiving the Member’s Explanation. If the Member is not satisfied that the other Society Members have had sufficient time consider the Member’s Explanation, the Member may defer his or her right to be heard until the following Society meeting.

d) When the member is heard at the Society Meeting, the Society may question the Member and the Executive Committee members.

e) The Society shall then by majority vote decide whether to let the termination stand, or whether to reinstate the Member. The Society’s decision will be final.

9.0   The Register of the Members

9.1    The Secretary shall keep a register of Members (“the Register”), which shall contain the names, the postal and e-mail addresses and telephone numbers of all Members of society

9.2     If a Member’s contact details change, that Member shall give the new postal or e-mail address or telephone number to the Secretary.

9.3     Each member shall provide such other details as the Executive Committee requires.

9.4     Members shall have reasonable access to the register of Members.

9.5     Any Executive Member of the Society must be a current member of a GOPIO NZ Chapter

10.0    Obligations of Members

All Members (and Committee members) shall promote the purposes of the Society and shall do nothing to bring the Society into disrepute.

11.0    Society Meetings:

a) Annual General Meeting

The Annual General Meeting shall be held within 3 months, of 31 March of any year being the balance date, and no later than 30 June in any year, and at such time and place as may be decided by the Executive Committee. The business of the Annual General Meeting shall be:

i) To confirm and approve minutes of previous Annual General Meeting

ii) To receive annual report and financial statement of accounts for preceding year to 31 March in that year, as reviewed by the reviewer/ honorary auditor, appointed for that purpose.

To transact any other business of which due notice has been given or provided to be done these rules.  Any matter may be discussed at an Annual General Meeting whether notice has been given or not, but no resolution may be passed which, in the opinion of the Chairperson of the meeting, may effect the rights and obligations of members and of which notice has not been given as required by these rules.

And every two (2) years at its Annual General Meeting : to elect an Executive Committee including a Working Committee, and an  honorary auditor/ reviewer of accounts.

Accordingly the Business of the Annual General Meeting shall include, in addition to the business laid before it by the Executive Committee, the following:

i) Notice convening the Annual General Meeting.

ii) Minutes of the last Annual General Meeting and Special General Meeting

iii) Annual Report for the preceding year.

iv) Financial Report for the preceding year

v) Motions (if any).

vi) Any General Business

b) Notice of Annual General Meeting

i) Fourteen (14) days’ notice convening the Annual General Meeting shall be given to all members showing the time, date and place of such meeting.

ii) Notice of the meeting shall be in writing and shall be posted to each member’s address for service.

iii) Notice of the meeting shall be deemed to be served on the third working day following the day it is posted or e-mailed.

iv) The notice shall be accompanied by the

-Minutes of the preceding Annual General meeting,

-The financial report and annual report for the preceding financial year

-And for the year when a new Executive Committee is to be elected, i.e. every two (2) Years by – The Election pack comprising, the nomination forms for election of the Executive for the following financial year and list of Nominees and a brief profile if one provided, the names of the independent election officers to whom any nomination forms are to be returned with clear deadlines/ cut off time, and any other documents considered appropriate by the Executive Committee.

v) Notice of any motions and the Executive Committee recommendations about those motions

c) Special General Meeting

A special general meeting may be called at any time by direction of the Executive Committee and shall be within one calendar months after receipt by the Secretary of a requisition signed by twelve (seven members must be outside family) (12) financial members specifying the objects or objects of such special meeting.  No business shall be transacted at any general meeting except that, which has been specified in the notice calling the meeting.

Notice of any annual or special meeting specifying the object or objects of such meeting shall be posted to all financial members at least seven clear days prior to the date fixed for the holding thereof.

d) Ordinary General Meetings

i) The Executive Committee (the committee) shall meet regularly in an ordinary manner, preferably at intervals of not more than two months.

ii) The Committee shall endeavour to give notice of ordinary meetings, and provide the minutes of the previous meeting, one week before each meeting.

iii) Committee meetings may be held via video or telephone conference, or other formats as the Committee may decide;

iv) No Committee Meeting may be held unless more than half of the Committee members attend; in accordance with the quorum set for such meeting.

v) Decisions of the Committee shall be by majority vote.

vi) Only Committee Members present at a Committee meeting may vote at that Committee meeting; provided however that they have paid the appropriate subscription as a member of their/his/her individual chapter. No voting shall be permitted by way of proxy voters.

e) Procedure at meetings

i) At all the meetings of the Society each Member shall be entitled to one vote and has paid the appropriate subscription as a member by the due date. No voting shall be permitted by way of proxy The Chairperson of the meeting at the time of voting shall in addition to a deliberative vote, have a second or casting vote.

ii) At all meetings of the Society, the Chairperson shall be the President of the Society and failing him the Vice President.  If both the President and Vice-President be not present within one hour after the time appointed for holding the meeting or if neither is willing to act as Chairperson, Chairperson shall be chosen from among those present and      may preside     for the whole of that meeting.  Any Chairperson as last mentioned shall not be Chairperson at an adjourned or further meeting if the President or the Vice-President be present within thirty (30) minutes of the fixed for the commencement of any adjourned meeting and is willing to act as Chairperson.

iii) Meetings shall be conducted in accordance with the recognised rules of meeting procedure in New Zealand.

iv) The accidental omission to give notice of meeting to, or the non-receipt of a notice of a meeting by, any member shall not invalidate the proceedings at any meeting

12.0   Quorum:

a) The quorum at all Ordinary General Meeting of the Society shall be one- third of its total membership and Annual General Meeting of the Society, shall be one/ half of the total Executive Members of the Society.

b) The quorum at all Special General Meetings and any other meeting, shall be one/ third of the Executive members of the Society.

13.0   Officers of the Society and Committee:

(a) The affairs of the Society shall be controlled by the Executive Committee consisting of the following:

i) President
ii) National Co-ordinator
iii) Secretary
iv) Joint Secretary
v) A Treasurer
vi) An Auditor
vii) Immediate past President

(b) The Society shall elect a President, a Vice President and/ or area co-ordinator, a Secretary, Joint Secretary, Treasurer, an honorary Auditor and a working Committee of no more than five (5) members every two (2) years at the Annual General Meeting to be convened that year.

(c) Only members of a GOPIO NZ Chapter may be appointed on the Executive Committee and provided that he/she has paid their due subscription/levy to the society by the date set by the Executive Committee of the society.

(d) No person shall be elected to the office of the Executive Committee unless he or she had been a member of the Society for at least one year immediately prior to his or her election.

(e) No member on the Executive Committee can hold the same office for more than two terms. A member of the Executive who has held a position for two consecutive years shall accordingly, not be re-elected to that position unless he/she is unanimously so re-elected.

(f) The Executive Committee shall hold office until the new executive committee is elected in accordance with the clause 13.

14.0     Roles of Executive Committee

14.1     Subject to the rules of the Society (“The Rules”), the role of the Committee is to :

(a)  Administer, manage, and the control the Society;

(b) Carry out the purposes of the Society, and Use Money or Other Assets to do that

(c) Manage the Society’s financial affairs, including approving the annual financial statement for presentation to the Members at the Annual General Meetings.

(d) Set accounting policies in line with generally accepted accounting   practice

(e) Delegate responsibility and co-opt members where necessary

(f) Ensure that all Members follow the Rules;

(g) How a person stops being a Member.

(h) Decide the times and dates for Meetings, and set the agenda for Meetings;

(i) Decide the procedure for dealing with complaints

(j) Make regulations

(k) The Executive may appoint a honorary solicitor who shall be a solicitor of the High Court Solicitor of New Zealand and in respect of each individual NZ Chapter,

(l) Determine whether the rules are adequate or in need of review recommend changes and administer the approval process for the adoption of any changes in liaison/ consultation with the Chapter(s) concerned;

(m) Seek a resolution to be passed by a 2/3 majority of these members   present at an Annual General Meeting of the Society, of which 14 days notice  prior notice has been given, whether or not to dissolve an individual chapter that is not acting within the spirit of its Rules and those of this Society.

14.2     The Committee has all of the powers of the Society, unless the Committee’s power is limited by these Rules, or by majority decision of the Society.

14.3     Except where expressly stated otherwise, all decisions of the Committee shall be by a majority vote. In the event of an equal vote the Chair/President shall gave a casting vote, that is, a second vote.

14.4     Decisions of the Committee bind the Society, unless the Committee’s power is limited by these Rules or by a majority decision of the society.

15.0     Roles of Executive Committee Members

15.1     The Chair/ President is responsible for:

(a)  Ensuring that the Rules are followed;

(b) Convening Meetings and establishing whether or not a quorum is present;

(c)  Chairing Meetings, deciding who may speak and when;

(d) Overseeing the operation of the Society;

(e) Providing a report on the operations of the Society at each Annual General Meeting

15.2     The Vice-President is responsible for:

The Vice-President shall assist the President in the discharge of the Presidents duties and shall act as President whenever the President is unable to do so.

15.3     The Secretary is responsible for:

a) Recording and circulating the minutes of Meetings;

b) Keeping the Register of members;

c) Holding the Society’s records, documents, and books except those required for the Treasurer’s function;

d) Receiving and replying to correspondence as requires by the Committee;

e) Forwarding the annual financial statements for the Society to the Registrar  of Incorporated Societies upon their approval by the Members at an Annual General Meeting

15.4     The Treasurer is responsible for:

a) Keeping proper accounting records of the Society’s financial transactions to allow the Society’s financial position to be readily ascertained.

b) Preparing annual financial statements for presentation at each Annual general meeting, These statements should be prepared in accordance with the Societies’ accounting policies.

c) Providing a financial report at each Annual General meeting

d) Providing financial information to the Committee as the Committee determines.

16.0     Bank Accounts         

The Society shall maintain one Bank Account into which funds will be deposited from time to time. The Bank Account may be operated by the Treasurer, Secretary along with one other person on the Executive Committee.

17.0     Indemnity

The Society shall indemnify its member against all liability which they may incur by reason of any act or omission on their part arising in or about the execution of their duties in relation to the affairs of the Society except where such liability arises out of that member’s own wilful neglect or default. No member shall be answerable for the acts or defaults of other members.

18.0    Execution of Documents

Documents should be signed by whoever is authorised by the Committee; however the signing of any cheque etc. shall be in accordance with Rule 16.0 herein.

19.0     Alteration of the Rules

19.1     The Society may alter, delete, replace, or otherwise amend these Rules at a Society Meeting by a resolution passed by a two-thirds majority of those Members present and voting.

19.2     Any proposed motion to alter, delete, replace, or otherwise amend these Rules shall be signed by at least Two/ thirds of eligible members and given in writing to  the Secretary at least 28 days before the Society Meeting at which the motion is to be considered, and accompanied by a written explanation of the reasons for the proposal.

19.3     At least 14 days before the General Meeting at which any Rule change is to be considered the Secretary shall give to all Members written notice of the proposed motion, the reasons for the proposal, and any recommendations the Committee has.

19.4     When a Rule change is approved by a General meeting no Rule change shall take effect until the Secretary has filed the changes with the Registrar of Incorporated Societies.         

20.0     By Laws

The Committee may from time-to-time make, alter or rescind bylaws for the general management of the society, so long as these are not repugnant to these rules or to the provisions 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 secretary.

21.0     Winding Up

21.1     If the Society is wound up:

(a) The Society’s debts, costs and liabilities shall be paid;

(b) Surplus Money and Other Assets of the Society may be disposed of:

(i)  By Resolution passed by way of Majority Vote; or

(ii) According to the provisions in the Incorporated Societies Act 1908; but

(c) No distribution may be made to any Member;

(d) The Surplus Money and Other Assets shall be distributed pursuant to the Resolution as passed.

22.0     Definitions and Miscellaneous matters:

In these rules, unless the context otherwise requires or unless it is otherwise expressly provided, the words and phrases following shall have the following meanings:

a) “Indian origin” means a Person who comes from the Indian sub continent or been overseas or born to Indian parents (one or both) and whose ancestors were born in India and now are a legal resident of New Zealand and as such are non-resident Indians.

b) “Legal Resident” means a person who has been granted Permanent Residence status by the New Zealand Immigration Services.

c) “Charitable Purpose” means the definition set out in the Charities Act 2005

d) “Executive Committee” means the Executive Committee of GOPIO NZ INCORPORATED elected pursuant to rule

e) “Financial Year” means the period commencing on the 1st day of April in any year and finishing on the 31 March in the following year.

f) “Society Meeting” includes an Annual General Meeting, a Special General Meeting, and any other General Meeting, including an Ordinary  General Meeting of the Executive.

g) “Committee Meeting” means a meeting of the Executive Committee of the

h) “Members” means those persons or entities that are described in rule 6; and “Membership” has a corresponding meaning.

i) “Objectives” means the objectives referred to in rule 5.

j) “Rules” means the rules of the “GOPIO NZ INCORPORATED” as altered.

k) “Subscription” means the subscription referred to in rule see set by the Society at its Executive Committee Meeting from time to time.

l) Society means  “GOPIO NZ Incorporated”

m) Except where there is an express term to the contrary “Majority vote” means a vote made by more than half of the Members who are present at a meeting and who are entitled to vote and voting at that Meeting upon a resolution put to that Meeting.

n) “Money or Other Assets” means any real or personal property or any interest therein, owned or controlled to any extent by the Society.

o) “Use Money or Other Assets” means to use, handle, invest, transfer, give, apply, expend, dispose of, or in any other way deal with, money or Other Assets.

p) “Written Notice” means communication by post, electronic means (including email, and website posting), or advertisement in periodicals, or a combination of these methods.

q) It is assumed that

(i)    Where a masculine is used, the feminine is included
(ii)   Where the singular is used, plural forms of the noun are also inferred
(iii)  Headings are a matter of reference and not a part of the rules

r) Matters not covered in these rules shall be decided upon by the Committee