Our Constitution
The Constitution
and Rules of the
Rotorua District
Residents and Ratepayers Society Incorporated
Revisions endorsed
at the Annual General Meeting, Thursday 11 November 2021
1.
Name
The Society shall be named the Rotorua District Residents and
Ratepayers Society Incorporated,
hereinafter “the Society”.
2. Purpose
The purpose of the Society is to require local government in the
district to conform with principles of constitutional and administrative law and
statutory purposes to the benefit of the inter-generational public interest such
as to advance public trust in government.
3.
Objective
The
objective of the Society is to promote and advocate social, economic, environmental, and cultural well-being in the district
of Rotorua, as preferred by residents and ratepayers. The achievement of this
objective should be evident through: the transparency of local governance;
financial prudence with revenues, debt and expenditure; effective
consultation of ratepayers and the public prior to decision making on all
issues of significance, rising prosperity and increasing equity of outcomes.
4.
Membership
(a) Prospective
members and members shall commit to supporting the purpose of the Society.
(b) Persons who
are currently on the electoral roll of the Rotorua District shall become a
member upon the approval by the Committee of their application (as set out on
the Society’s membership application form) and their payment of the annual
subscription (which shall accompany the membership application form).
(c) Other persons
who wish to commit to the purpose of the Society shall be eligible for
membership.
(d) The Committee
(defined below) shall have the power to decide whether or not to allow an
applicant to become a member when in the circumstances the Committee considers that
the applicant might not support the purpose of the Society or where their
membership might adversely affect the effective functioning of the Society. The Committee shall advise the Applicant of
its decision to refuse membership, giving fair reasons, and that decision shall
be final.
(e) The Society’s
financial year shall be from 1 October to 30 September. A member’s membership
shall be terminated if they fail to pay their annual subscription by 31
December. Each member shall be answerable to the Committee where their conduct
is considered by the Committee to be contrary to the purpose or to the
effective functioning of the Society.
The Committee shall have the power to either suspend the member (on
whatever terms that the Committee deems appropriate) or remove the member from
membership provided that the member has been previously advised in writing of
the complaint made against them and that they have been given the opportunity
to supply a defence in writing or in person at a meeting of the Committee
before the decision is made. There shall
be no right of appeal against the Committee’s decision other than to have a Special
General Meeting called applying the procedure set out in clause 6.
5.
Subscription
The Committee is to announce the annual subscription for the following
year at the AGM.
6.
Annual General
Meeting
The Annual General Meeting (AGM) of the Society shall be held by
31 December. The date of the AGM shall be notified to members by email or
postal circular at least 20 days prior. The AGM agenda shall include:
(b) election of each
of the members of the Committee for the ensuing year,
(c) the
subscription rates for the ensuing year,
(d) consideration
of matters for which due notice has been given to members,
(e) transacting of
any other general business that is in harmony with the objectives of the Society,
and
(f) appointment
of an Accounts Reviewer.
7.
Special
General Meeting
A special general meeting (SGM) may be convened by the Committee
for any purpose that it considers appropriate upon receipt by the Secretary of
a written request signed by no less than 10% of the members that exist as at
the date of the Society’s receipt of the request.
The business of an SGM shall be notified to members by email or
postal circular at least 14 days prior to holding the meeting. A minimum of 10% of the members that exist at
the date of calling for a special general meeting must be present at such a meeting,
either physically or electronically, and only business of which proper notice
has been given shall be transacted.
In a situation where an SGM may not be convened due to it being a
public health risk, or prevented by some other form of natural disaster, then
the Committee may conduct a SGM using electronic media or over a period using
email to declare the business of the meeting, consult members and pass
resolutions.
8.
Voting at
General Meetings
All motions at general meetings shall be decided by a simple majority
of members.
9.
Proxies
No member shall be entitled to appoint a proxy to attend or vote at
any general meeting or Committee meeting of the Society.
10.
Management
(a) The Society shall
be managed between Annual General Meetings by a Committee elected at the AGM. The Committee shall comprise officers being a
Chair, a Minutes Secretary, a Membership Secretary, a Treasurer and a minimum
of five and a maximum of nine other ordinary members. The Committee may appoint
a Patron to serve at their pleasure.
(b) Endorsed
candidates shall be ex officio
members of the Committee until the end of the electoral period.
(c) Successful
candidates shall be ex officio
members of the Committee.
(d) Five Committee
members shall be a quorum for Committee meetings.
(e) Decisions of
the Committee shall be by simple majority.
(f) All members
of the Committee shall be expected to provide leadership to campaigns as
endorsed by the Committee, such as Working Parties. Each Working Party shall
have a member of the Committee on it.
(g) The Chair shall
not hold that office for more than three consecutive years.
(h) Any Committee
vacancy occurring after the AGM may be filled by those continuing on the Committee.
(i) The Committee
shall have all the powers necessary for the administration of the Society in
the furtherance of its objectives, including, but not limited to, those
referred to in this Constitution and Rules, the engagement of staff, the
acquisition of assets in the name of the Society, the operation of bank
account/s, and the investment of funds on behalf of the Society.
(j) While the Committee may not borrow
monies, nor make loans to members, it is authorised to enter into operational
finance arrangements to achieve its objectives.
11.
Nomination
and Election of Officers
Written nominations for each officer and ordinary committee member
shall be made for the AGM at which an election of the Committee is to be held,
such nominations (which must include the written consent of the nominee) being
in the hands of the Secretary within 48 hours of the commencement of the
meeting.
If the number of nominations is insufficient prior to the AGM then
nominations may be accepted from the floor, with the consent of the nominee. No
person shall vote or be nominated for a Committee position unless their subscription
is current. Election shall be by ballot
at the meeting.
12.
Powers to
Co-Opt
The Committee shall have the power to co-opt additional committee
members from amongst membership of the Society to ensure that the Committee has
an adequate skill mix and to enhance its capacity to respond to issues as they
arise.
13.
Patron
Responsibilities
The Committee shall have the power to
appoint a Patron to serve as a guardian of the Constitution and values of the
Society, as an adjudicator where the Constitution and values of the Society are
in dispute or where a decision of the Committee is appealed. The Patron’s
advice shall be considered de novo by the Committee. The Committee may
award a retiring Patron a Life Membership of the Society.
14.
Chairperson
Responsibilities
(a) The Chair
shall cause to be prepared a draft Annual Plan of activities and campaigns in
consultation with members of the Society.
(b) The draft Annual
Plan shall be submitted to members for feedback at the Annual General Meeting
or as soon as possible thereafter and then to the Committee for endorsement and
implementation.
(c) The Chairperson
shall call meetings of the Committee as appropriate, have oversight of campaigns,
and prepare the Annual Report of the Society prior to ending his/her term in
office.
(d) The
Chairperson shall provide an updated list of Committee Members and their roles
and Working Parties to the Committee with contacts data.
(e) Activities
and campaigns outside of the Annual Plan can determined at any time by the
Committee.
15.
Meeting Secretary
Responsibilities
The Meeting Secretary shall carry out the instructions of the
Committee.
The Meeting Secretary shall conduct all correspondence, keep a
minute book showing the business transacted at each meeting of the Committee
and the Society and otherwise perform all those duties usually pertaining to
the office of Secretary.
The Meeting Secretary is to ensure that an incorporated society
report is filed each year with the New Zealand Companies Office after the AGM
has confirmed accounts.
16.
Membership
Secretary Responsibilities
The Membership Secretary shall carry out the instructions of the
Committee.
The Membership Secretary shall maintain the Society’s Membership
Database, issue invoices and receipts, report membership changes and trends to
each quarterly meeting of members and Committee meetings, and otherwise perform
all those duties usually pertaining to the office of Membership Secretary.
The Membership Secretary is to ensure that the Membership Database
records the name, home address, phone numbers and email addresses of each
member, the date they joined and all subsequent changes, and if required,
submit a list of all members to the Registrar of Incorporated Societies.
The Membership Secretary is to ensure that the Membership Database
is kept strictly confidential and to provide accurate email lists on request by
the Chair, Meeting Secretary and Treasurer for single use only.
17.
Treasurer
Responsibilities
The Treasurer shall:
(a) Receive and document
all moneys payable to the Society and deposit such moneys in the name of the Society
in such bank as the Committee shall direct,
(b) Keep correct
records of receipts and disbursements of the Society and pay all authorised
accounts,
(c) Furnish to
the AGM a set of financial statements that true and fairly record the results of
the past year’s financial performance that have been audited by an Accounts
Reviewer appointed by the Committee, and
(d) Provide
monthly bank statements to the Membership Secretary to ensure that the
Membership Database is kept accurate.
18.
Alliances and
Donations
(a) The Committee
may form alliances locally, regionally, nationally and internationally with
individuals and organisations whose purposes coincide with those of the Society.
(b) The Treasurer
shall accept donations from donors as the Committee shall direct. Alliances, endorsements, and donations do not confer
membership of the Society.
The purpose of endorsing candidates
is to select candidates that have the best chance of winning office (as mayor,
regional councillor, district councillor, of rural or lakes community board
member) and implementing the values and priorities of RDRR.
The objectives of the endorsement process
are to:
·
Enable members and prospective candidates to participate in a
democratic selection process that simulates the processes used in local
authority elections.
·
Prevent potentially damaging competition between potential
candidates prior to the endorsement process.
·
Forming a Campaign Team committed to winning office and developing
the team skills needed to implement the values and policies of the RDRR.
Criteria for endorsement
are:
1. The capacity
of nominees to maximise the electoral chances of RDRR’s endorsed candidates
(i.e. their knowledge, skills, attitudes and experience of successful political
campaign teamwork, including a track record of service to RDRR) and
2. The capacity
of nominees to achieve RDRR’s policies through governance that promotes social, economic, environmental,
and cultural well-being.
The candidate endorsement process
will be initiated with the appointment of two Returning Officers at the RDRR’s
third quarterly meeting in the year before the election year or whenever a
vacancy is declared on the Bay of Plenty Regional Council (BOPRC) or Rotorua
Lakes Council (RLC) or on the rural or lakes community boards that require a
byelection.
The Returning Officers will,
in sequence:
1. Invite all
RDRR members by email/ mail to nominate/self-nominate for endorsement as
mayoral and/or regional/ district councillor and/or community board candidates.
Prospective RLC councillor candidates will be invited to indicate the ward they
propose to stand in once the Representation Review is complete.
2. Verify each
nominee’s willingness to stand and to guarantee their acceptance of the
objective, purposes, criteria and outcomes of the endorsement process.
3. Invite a
one-page personal profile of not more than 293 words from each nominee plus a
recent photograph for RDRR’s electoral booklet.
a. The standard
opening statement should be included: “I
declare my acceptance of the objective, purposes, criteria and outcomes of the
endorsement process, and if endorsed, to declare publicly my affiliation
specifically to the ‘Residents and Ratepayers’ and to actively promote and
avoid any dilution of the Society’s team brand value.”
b. The rest of
the statement (250 words) should indicate how the nominee proposes to deliver
on each of the two endorsement criteria above.
4. Invite all
nominees to present their case for endorsement in five minutes to an SGM of
members called for that purpose and to answer members’ questions in one minute,
with the order of replying rotating.
5. Invite each
financial member of RDRR by email to rank their preferred order (1, 2, …) of
nominees in each category of candidature, not ranking those nominees they do
not wish to endorse.
6. Report the
most preferred candidates in each category of candidature to the Committee for
endorsement.
Reporting Outcomes of
the endorsement process is the responsibility of the Chairman. The Chairman
will formally report first to applicants in confidence, then to all RDRR members
via email, and then to the public via a Press Release.
Delegations following Endorsement.
In the case of normal elections, the Committee will delegate authority to the
endorsed candidates to serve as the Election Campaign Team. The Election
Campaign Team is to appoint a Campaign Manager based on proven expertise who
may or may not be an endorsed candidate.
The Election Campaign Team is also delegated
the power to co-opt and/ or endorse other candidates as ‘Respected
Independents’ whose values and priorities cohere with their own, whether or not
they are RDRR members, to strengthen the RDRR’s electoral slate with a working
coalition.
In the case of a byelection, the Committee
will delegate authority to the endorsed candidate(s) to serve with RDRR’s elected
representatives as the Byelection Campaign Team. The Byelection
Campaign Team is to appoint a Campaign Manager based on
proven expertise who may or may not be an endorsed candidate.
The RDRR Committee will co-opt all endorsed
candidates on to the Committee to ensure coherence between RDRR’s policies and
its election and byelection platforms.
20.
Dissolution
The Society shall not be dissolved except by members at an AGM or
at a Special General Meeting convened for that purpose. A two-thirds majority
of members present and voting at such meetings is required for the passing of a
dissolution resolution. After being
dissolved the funds and property of the Society are to be distributed by way of
transfer as determined by a two-third majority of the members present and
voting at the dissolution meeting to a society or societies which have objects
similar to those of the Society.
21.
Alteration of
Rules
No alteration or addition to the Constitution and Rules of the Society
shall be effected unless at a Special General Meeting of members, of which due
notice has been given to members within 14 clear days of the meeting, not less
than two-thirds of the members present and voting assent thereto.
22.
Pecuniary
Benefits
Notwithstanding any other clause in these rules no member or
person associated with that member shall in their capacity as a member or
associated person be permitted to make any pecuniary gain from the Society. Any amendment to this clause under the
alterations provision of clause 18 of these rules may not be made without the
prior written approval of the Inland Revenue Department.
These are the Constitution and Rules of the Rotorua District Residents and
Ratepayers Incorporated as adopted at the AGM held 19 November 2020.
Reynold Macpherson (signed)
Signed by the Chair of the Society
20 November 2020
