LEVIN BOWLING CLUB INC.

CONSTITUTION 2006

Updated June 2016

(Includes Amendments from 2008 A.G.M., the 2009 A.G.M., the S.G.M held on 27 February 2010, the 2013 and 2014 A.G.M’s, the SGM held on 14 April 2015,the 2015 AGM and the 2016 AGM.)

 

  1.  INTERPRETATION          
  2.  NAME & OFFICE      
  3.  OBJECTS                                                                    
  4.  MEMBERSHIP   
  5.  PATRON  
  6.  EXECUTIVE   
  7.  NOMINATIONS FOR EXECUTIVE  
  8.  ELECTION OF EXECUTIVE   
  9.  PROCEEDINGS OF EXECUTIVE  
  10. POWERS OF EXECUTIVE 
  11. SECRETARY & TREASURER 
  12. GENERAL MEETINGS   
  13. CENTRE DELEGATE  
  14. QUORUM 
  15. SUBSCRIPTIONS  
  16. AFFILIATION TO BOWLS NZ  
  17. LAWS OF THE GAME
  18. VISITORS 
  19. REVIEWER  
  20. GREEN SUPERINTENDENT 
  21. PROTECTION OF GREENS   
  22. MATCH COMMITTEE   
  23. CLUB CAPTAIN, COACHES, SELECTORS  
  24. FINANCIAL    
  25. MATCHES  
  26. NOTICES     
  27. COMPLAINTS   
  28. COMMUNICATION     
  29. PRIVACY ACT 1993   
  30. COMMON SEAL   
  31. INDEMNITY   
  32. ALTERATION TO CONSTITUTION 
  33. WINDING UP 
  34. MATTERS NOT PROVIDED FOR
  35. REPEALS AND SAVINGS  

 

 

 

  1. INTERPRETATION

 

              In this Constitution unless the context otherwise requires:

          (i) “Bowls NZ” means Bowls New Zealand Incorporated

(ii) “Bowls NZ Judicial Committee” means the Bowls NZ committee established in accordance with the Regulations, or in the absence of such Regulations, as determined by the Executive.

(iii) “Centre” means the Bowls Kapiti Coast Centre Incorporated, or if the context requires, any other Bowling Centre which is a member of Bowls NZ.

(iv) “Club” means the Levin Bowling Club Incorporated, or if the context requires it, any other Bowling Club which is a member of a Centre and is affiliated to Bowls NZ.

(v) “Delegate” means a full member qualified under the Constitution of Bowls NZ to act as a representative of a club at Centre Level.

(vi) “Dispute” means a situation where a member has a grievance or difference about the meaning or effect of any rule, provision, decision, policy, practice, right, privilege or direction determined by another Member. A Dispute shall not include any grievance or difference about the meaning or effect of any rule of the Bowls NZ Anti-Doping Regulations, any decision of the Executive, or a matter which involves an allegation of Misconduct.

(vii) “Executive” means the Executive Committee of the Club.

(viii) “Full Member” shall have the meaning set out in Clause 4 of this Constitution.

(ix) “Game of Bowls” means the game played on outdoor or indoor flat greens and defined in more detail by the Laws of the Game and Associated Regulations.

(x) “International Level” means during, or in connection with, a Game(s) of Bowls held between New Zealand and another country or a region situated outside of New Zealand, or which involves individuals who are Appointed Personnel appointed by the Board, Officers, appointed or elected in accordance with this Constitution, and/or National Representatives, whether or not connected to a Game(s) of Bowls.

(xi) “Judicial Committee” means the body constituted under that name and having the functions as outlined in the Constitution of Bowls NZ and in clause 4.4 of this Constitution.

(xii) “Laws of the Game and Associated Regulations” means the laws for playing the Game of Bowls in New Zealand, and associated regulations as approved by the Board of Bowls New Zealand from time to time.

(xiii) “Misconduct” means, but shall not be restricted to, situations where a Member:

(a) breaches any provision of the Laws of the Sport;

(b) deliberately loses or attempts to lose a Game of Bowls or plays unfairly;

(c) alters a bowl after it has been stamped by a registered bowls tester without submitting it for retesting  and  re-stamping;

(d) at any event, function or activity of Bowls NZ, or of any Centre, or of any Club, or whilst on the property of Bowls NZ, any Centre or any Club, uses any profane, indecent or improper language;

(e) If whilst on the Club premises, whilst representing the Club in a Bowls event away from the Club’s premises, or on the official business of the Club, the conduct of any member shall be reported as objectionable.

(f) breaches:

(i) any provision of the Constitution, or the Constitution of any Centre or Club;

(ii) this Regulation and other Bowls NZ regulations, (other than the Bowls  NZ  Anti-Doping Regulation), or the regulations, by-laws or other rules (however described) of any Centre or Club;

(iii) any policies of Bowls NZ, a Centre or a Club;

(iv) any reasonable direction of Bowls NZ, a Centre or a Club (or person authorised on their behalf);

(v) any decision of a General Meeting, the Executive  or a Judicial Committee or any decision of any equivalent bodies at any Centre or Club;

(g)  acts in a manner which brought, or could bring, Bowls NZ, any Centre or any Club into disrepute

(h)  acts in a manner unbecoming of a Member, or a member of a Centre or Club or which is prejudicial to the Objects and/or the Objects of a Centre and/or Club;

(i)  fails or refuses, for a period of one calendar month to pay any fine or monetary penalty imposed by Bowls NZ, a Centre and/or a Club or any authority under the jurisdiction of Bowls NZ, a Centre or a Club; and/or

(j)  aids or abets any of the conduct specified in (a) to (i) above.

(xiv) “National Event” means a bowls event held by, or under the auspices of, or administered by Bowls NZ (and held at a Centre of Club venue as determined by Bowls NZ). National Events may be held on an open, invitation, or limited entry basis. A National Event shall be deemed to start at the commencement of the official opening, manager’s meeting or pre-event briefing immediately preceding the event (whichever is the earlier) and shall end at the conclusion of the official closing, prize giving or official Bowls NZ function for the event (whichever is the latter).

(xv) “Officers” means those Officers of the Club described in Clause 6.2.

(xvi) “Regional Judicial Committee” means the regional judicial committee(s) established in accordance with the Regulations, or in the absence of such Regulations, as determined by the Executive.

  1. NAME AND OFFICE

2.1    Name: The name of the Club shall be the Levin Bowling Club Incorporated.

2.2    Office: The Registered Office of the Club shall be at the Clubrooms of the Club situated at 59-61 Weraroa Road, Levin, or at such other place as the Executive may from time to time determine.

2.3    Colours:  The Club colours shall be green, black and white, or other colours as may be approved by the Club’s Executive.

 

 

  1. OBJECTS

 

         The objects of the Club are:

  • Promote, advance, and safeguard the Game of Bowls and other sports and pastimes within the geographical region in which the Club operates, and on behalf of Bowls New Zealand, by:

(i) Establishing, maintaining and conducting a Bowling Club and         affording to its members the accommodation, advantages, privileges,  conveniences of a club.

(ii) Establishing and maintaining opportunities for secondary and intermediate school students to use the Club’s facilities as part of their physical education and recreation programmes, including skills activities programmes leading to students completing NCEA  Achievement Standards with volunteers from the Club directing the progammes with assistance from supervising teachers.

(iii) Establishing and maintaining the work of the Youth Bowls Academy at Levin Bowling Club through the after school bowls programme as directed by Club coaches and volunteers.

(iv) Establishing and maintaining community use of the Club’s   facilities through the summer Business House Bowls programme, Mates-in- Bowls, Have-a-Go, Family Bowls and use by corporate groups with  Club volunteers directing these programmes.

              (b)  Acquire any interest in any real or personal property, or rights or privileges which may be considered necessary or expedient for attaining any object(s) of the Club and/or for promoting the interests of the Club or its members.

         (c)  Lay down, prepare and maintain turf and/or synthetic outdoor or indoor bowling greens, and build or otherwise provide pavilions, clubhouses, sheds, workshops, shelters and other buildings and conveniences in connection therewith; and equip, furnish, alter, enlarge, improve, repair, uphold and maintain the same respectively for the benefit and convenience of Members.

         (d)  Conduct such social activities as the Executive may from time to time approve.

         (e)  Affiliate with Bowls New Zealand Incorporated and do or join in doing all things calculated or tending to engender and maintain a fraternal feeling amongst bowlers.

         (f)   Borrow or raise such sums of money in such manner and for such purposes as the Members in General Meeting may consider proper or expedient in accomplishing the objects and well being of the Club.

         (g   Use the funds of the Club for, and to do all things as may be incidental or conducive to the attainment of the foregoing objects or any one of them.

         (h)  Grant the use of the premises, facilities and equipment of the Club, upon conditions, and to such users as the Executive may from time to time think fit, and to formulate conditions regulating the activity of such users.

  • Apply for, obtain and from time to time renew a Club License for the Club pursuant to the provisions of the Sale of Liquor Act, 1989 or any other license or charter available to the Club and thereafter manage the licensed premises subject to the provisions of the said club license and/or any other license or charter from time to time obtained by the Club and to do all things necessary and incidental to the management of the said license or charter.
  1. MEMBERSHIP

 

                General: The club and all of its facilities will be accessible for all persons in the community (under the rules and regulations of the Club) regardless of age, gender or abilities, and the Club will ensure that accessibility includes attitudinal resources, information and communication, and full participation in all on-green and off-green events. The Club shall ensure that its buildings and facilities are accessible to persons with disabilities.

4.1    CLASSES OF MEMBERSHIP

  • The membership of the Club shall comprise of such number of

each of the classes thereof as the Executive shall from time to

time determine.

  • The classes of membership of the Club upon the adoption of this

               Constitution are as follows:

(i)      FULL MEMBERS

                       Shall be entitled to all the playing and other privileges and advantages of full membership of the Club.

(ii)     LIFE MEMBERS

                       Any Full Member of not less than ten years membership who has rendered outstanding services to the Club may be elected as a Life Member.  Every proposal for a Life Membership shall first be considered by the Executive and if approved by it, submitted to a ballot at a General Meeting.  A three-fourths majority of those Full and Limited Members present and entitled to vote thereon shall be necessary to effect such election.  A Life Member shall not be liable for payment of any annual subscription.  Unless and until otherwise determined under Clause 4.1(a) of the Constitution there shall be not more than five Life Members at any one time.

                       (iii)   LIMITED PLAYING MEMBERS

                       In return for a reduced subscription; Limited Playing Members are entitled to play in all Club roll-ups, mini galas, open galas, Club Captain’s Triples (Men), Ladies Aggregate Triples (Women), or other such event that the Executive may from time to time permit.  Limited Playing Members are not permitted to enter into (or play in) any Club Championship or Tournaments outside of those already specified.  Anyone wishing to play in competitions or events outside our Club (including Rotary, Horowhenua Fives, and other Clubs’ Galas etc) will have to be a Full Member of the Club.  Limited Playing Members will have full voting rights at all Annual or Special General Meetings and are eligible to hold Office within the Club.  The Subscription payable by Limited Playing Members will be set at the Annual General Meeting of the Club each year.

               (iv)   ASSOCIATE MEMBERS

                       Any Full Member of any other Club affiliated to Bowls New Zealand shall be eligible for election as an Associate Member of this Club.  Associate Members shall be entitled to participate in the social and pavilion activities of the Club and to play on the Greens of the Club on such days as the Executive approves but shall not be eligible to play in Club trophy matches or to represent or play for the Club in outside competitions.

               (v)    HONORARY MEMBERS

If any Subscribing or Past Full or Limited Member is unable, through  illness or other sufficient cause, to play bowls and such  member has taken an active and prominent part in the affairs of the Club, the Executive may classify such member as an Honorary Member for such period as they shall think fit.

   (vi)   SOCIAL MEMBERS

Any person not desirous of enjoying Full or Limited Membership status but wishing to enjoy an ongoing association with the Club shall apply in writing to the Secretary for Social Membership status within the Club.  Social Members shall be entitled only to participate in social and pavilion activities and shall have no bowling privileges whatsoever.

(vii)    STUDENT MEMBERS

Any member who is enrolled in a full-time course of education at a school or tertiary institution, and who is under 25 years of age, may become a Student Member of the club. Student Members shall have the same rights and privileges as Full Members.

(viii)    CASUAL MEMBERS

Any person (not already being a member of an affiliated bowling club) who participates in any bowling competition held by or under the auspices of the club shall, upon paying the designated fee, become a casual member of the club. Sponsors of the club upon meeting their financial commitments will be offered Casual membership. Such membership shall be for a twelve month period commencing one day after payment of their financial commitment. Casual members shall have the rights to uses the greens as specified by the club’s Executive and to enjoy the social and clubhouse activities of the club, but have no other rights as members of the club.

  • Only Full Members, Life Members, Limited Playing Members and Student Members shall be entitled to speak and vote at meetings. Only Full Members, Life Members, Limited Playing Members and Student Members are permitted to hold office within the Club.

4.2    APPLICATION FOR MEMBERSHIP         

 

              (a)  Applications for membership (except for Casual members) shall be in writing addressed to the Secretary and in making such application the applicant shall be deemed to have agreed to be bound by this Constitution and by the Constitutions of the Centre and Bowls NZ.

         (b)  Every candidate for admission to membership of the Club shall be proposed and seconded by two Full Members of the Club.

         (c)  The application shall be in writing addressed to the Secretary setting forth on the form provided the full name and address of the candidate and the class of membership to which admission is desired and such other particulars as the form may require, and shall be signed by the candidate and the candidate’s proposer and seconder.

         (d)  The membership application form shall include an acknowledgement by the applicant that as a condition of membership of the Club, the applicant consents pursuant to the Privacy Act, 1993 to personal information in the form of his/her name and residential address, office held (if necessary) e mail address, and telephone number (if necessary) being included in a membership list for display in the clubhouse and/or circulation to the members and inclusion in the annual statistical return supplied by the Club to the Centre for any one or more of the following purposes:

                       (i)     The Centre’s Membership records including Centre levy purposes.

                       (ii)    For publication and distribution in the Centre Handbook (if necessary).

                       (iii)   For distribution by the Centre pursuant to arrangements entered into with sponsors.

                       (iv)   For forwarding to Bowls NZ for its records including capitation fee purposes and/or for distribution by Bowls NZ pursuant to arrangements entered into with sponsors.

         (e)  If the application form omits to include the acknowledgement referred to in sub-clause (d) or if the acknowledgement is unsigned then it shall be the duty of the proposer, seconder, and Secretary of the Club to ensure that the applicant is made aware of this provision in the Constitution.

         (f)   Where such candidate is, or has been previously a member of another Bowling Club affiliated to Bowls NZ the Executive shall require the production of a clearance certificate on the approved form from such club, before the candidate is submitted for election.

         (g)  After particulars of the application have been posted on the Club’s notice board for not less than 14 days, the candidate shall be submitted for election.  The election shall be by the Executive and may be by the show of hands, but shall be by ballot if so required by one or more members of the Executive.

         (h)  The Executive shall have the power to reduce the first annual subscription of any Full Member elected after the 1st day of January in any Club year.

 

4.3    TERMINATION OF MEMBERSHIP

         (a)  Any Member wishing to resign shall give notice in writing to the Secretary who, after acceptance by the Executive of such resignation, shall at once inform the member, but the Executive shall not accept the resignation until all monies due to the Club by the Member in his/her capacity as a Member shall have been paid.

         (b)  The Secretary shall give to any financial member whose resignation is so accepted, or on request, a clearance certificate on the approved form.

         (c)  All resignations shall be in the hands of the Secretary prior to the Annual General Meeting in each year.  In the absence of such notice, members will be liable for the current year’s subscription unless reasons satisfactory to the Executive are given.

         (d)  If any Member shall make default in payment of his/her subscription and other (if any) monies due by him/her to the Club for a period of one month after written notice requiring him/her to pay the same shall have been given to him/her by the Secretary, the Executive shall have the power to determine his/her membership and to report him/her to the Centre as a defaulter, but such a Member shall not thereby be relieved from liability to pay such monies.

 

 

4.4    JUDICIAL COMMITTEE

  • There shall be established a Judicial Committee to be appointed each year by the Executive. The Judicial Committee will assist the Club Executive hear and determine Disputes and Misconduct at Club Level. The Judicial Committee shall comprise not less than three persons appointed by the Club Executive. Each member of the Club’s Judicial Committee shall not be an employee of the club or a person who has an interest in the matter before the Club’s Judicial Committee. At least one of the members must have legal experience, and the others should, if possible, have one or more of the following competencies:
  • a person with significant experience in disciplinary tribunals, preferably in relation to Bowls;

 and/or

  • a person with extensive knowledge of the Game of Bowls.
  • Subject to the jurisdiction of the Bowls NZ Judicial Committee, the Club Executive (including any sub-committees of the Club) has jurisdiction to hear and determine Disputes and Misconduct at Club Level.

          (c) The Club Executive (or any of its committees) shall act in accordance with the principles of natural justice.

  • The Club Executive acknowledges the role and jurisdiction of the Bowls NZ Judicial Committee as specified in Rule 24 of the Bowls NZ Constitution.
  • Appeals: The appeal rights must be consistent with the appeal rights in the Bowls NZ Constitution and this regulation so that:
  • Where there is a Dispute or Misconduct at Club Level which is determined by the Club Executive (or committee on its behalf) any party affected by that decision may only appeal such decision to a Regional Judicial Committee in accordance with Bowls NZ Regulation; and
  • Where there is a Dispute or Misconduct which is determined by the Bowls NZ Judicial Committee any party affected by that decision may only appeal such decision to the Sports Tribunal in accordance with the Rules of the Sports Tribunal provided such an appeal is permitted by the rules of the particular event.
  • There is no right of appeal from a decision by the Bowls NZ Judicial Committee under Rules 24.4 c, d and e of the Bowls NZ Constitution.

        (iv)  There is only one right of appeal from a decision of the Bowls NZ Judicial Committee under rules 24.1 a and b of the Bowls NZ Constitution to the Sports Tribunal.

 

  • EXPULSION OR SUSPENSION FROM MEMBERSHIP

 

  • If a complaint of Misconduct (as defined in 1 (xiii) is made against any Member of the Club, the Executive shall on receiving a written complaint convene a Judicial Committee hearing (as defined in 4.4 (a) to consider the complaint.
  • If after hearing all parties to the complaint and after due consideration of the evidence the Judicial Committee find that the complaint is upheld, the Judicial Committee shall advise the Executive, who by a majority decision of its number present at the meeting has the power to expel or otherwise deal with the offending Member, or suspend him/her for so long as the Executive shall think fit. In the event of expulsion or suspension the Centre shall be immediately notified.

         (c)  The Executive shall have the power to delegate to the Judicial Committee any powers exercisable by the Executive pursuant to this clause.

  1. PATRON

         On the recommendation of the Executive the Club may elect a

         Patron/Patroness at the Annual General Meeting.

 

  1. EXECUTIVE

6.1    Management Committee

         The management of the affairs and business of the Club shall be vested in an Executive Committee of management consisting of the Officers, as hereinafter defined, the Chairperson of the Match Committee, the Club Captain, and three elected members.

6.2    The Officers of the Club shall be the President, the Vice President,

         the Secretary, and the Treasurer.

6.3    The Office of an Officer or Member of the Executive shall be vacated if the holder thereof:

         (a)  Ceases to be a Full Member of the Club.

         (b)  Resigns his/her office.

         (c)  Dies.

              (d)  Without being excused by the Executive, absents himself or herself from three consecutive meetings of the Executive.

         (e)  Is removed from office by resolution of the Full and Limited Playing Members present and voting at a Special General Meeting convened for that purpose.

6.4    The Executive shall have the power to fill any casual vacancy occurring thereon through to the next election.

  1. NOMINATIONS FOR  EXECUTIVE

7.1    A notice calling for nominations of elective officers and other members of the Executive, together with the nomination form, shall be displayed on the notice board of the Club not less than four (4) weeks prior to the date of the Annual General Meeting.

7.2    Nominations for the positions of the elective officers and other members of the Executive shall be delivered to the Secretary not less than seven (7) days prior to the date of the Annual General Meeting.  Every candidate shall have been a Full Member or Limited Playing Member of the club for at least six months prior to the closing of nominations and shall be nominated and seconded by two Full Members or Limited Playing Members of the Club.  The nomination form must bear the signature of the candidate as evidence of his/her consent.  Should there be insufficient nominations for any vacancy nominations shall be made at the meeting.

  1. ELECTION OF EXECUTIVE

8.1    The Officers and other Members of the Executive shall be elected at each         Annual General Meeting, and shall respectively hold office until the next succeeding Annual General Meeting, when they shall retire, but be eligible re-election.  No Full Member or Limited Playing Member shall be elected President or Vice President unless he / she has served on the Executive for a minimum of one year.

8.2    Elections shall be conducted and declared in the following order:

                (a)   Patron (on the Executive’s recommendation)

               (b)   President

               (c)    Vice-President

               (d)   Secretary

               (e)   Treasurer

               (f)    Club Captain

               (g)   Match Committee (8 Elected members)

               (h)   3 Elected Members of the Executive

                 (i)    Financial Reviewer

8.3    When more than the required numbers of candidates are nominated for any office, the election shall be by ballot, and no ballot paper shall be valid if it exceeds the number to be elected.

8.4    Any indication on a ballot paper of the status or qualification of any candidate shall render such ballot paper and vote invalid.

  1. PROCEEDINGS OF EXECUTIVE

9.1    The Executive may meet together for the dispatch of business, adjourn and otherwise regulate its meetings as it shall think fit.  A meeting of the Executive may be convened by the President or the Secretary, or by any two other members of the Executive.

9.2    The President, or in his/her absence, a Vice-President, shall preside at all meetings of the Executive at which he/she is present.  In the absence of these officers, the meeting shall appoint its own Chairperson.

9.3    Except as otherwise required by this constitution, all questions shall be determined by a bare majority of votes.  Each Member personally present and entitled to vote shall on each question have one vote and in the case of an equality of votes the Chairperson shall have a further or casting vote which shall have due regard to the status quo.  No proxies shall be allowed.

9.4    The quorum for any Executive meeting shall be one more than half of the number of the Executive Members entitled to vote provided that should such number not be a whole number, the quorum shall be the following whole number.  No business shall be transacted at any Executive meeting unless a quorum shall be present, except that those present may fix a date and venue for the reconvening of the meeting.

9.5    If a quorum is not present within an hour after the appointed time for it, the meeting, if convened upon the requisition of members shall be dissolved.  In every other case it shall stand adjourned to a time and place to be fixed by the Chairperson on adjourning the meeting.  If at the adjourned meeting a quorum is not present within half an hour after the appointed time, the members entitled to be present shall be a quorum.

9.6    The Executive may make a decision by signed Resolution in lieu of a meeting. Any such Resolution shall be valid as if it had been passed at a meeting of the Executive as long as:

  • a copy of the proposed Resolution is sent to every Executive member; and
  • over half of the Executive members sign or consent to the Resolution and return evidence of this consent to the President (or such person as agreed by the Executive) by mail, electronic mail, facsimile, or another form of visible or electronic communication, by the time and date specified by the President (or such person as agreed by the Executive.)
  1. POWERS OF EXECUTIVE

10.1   Without prejudice to the general powers conferred upon it by this constitution, the Executive shall have power to do all acts and things which it may consider proper or expedient for accomplishing the objects and carrying on the affairs of the Club and in particular shall have the specific powers to:

               (a)   Control, manage or expend the funds of the Club, including power to invest or otherwise deal with any such funds not currently required, borrow or raise such sums of money and to incur such liability on behalf of the Club as it may think necessary or expedient in the furtherance of the objects or purposes of the Club subject to the proviso to Clause 3(h) herein.

                       (b)   Appoint from its own members or otherwise, such sub-committees as it may from time to time deem necessary or

                       proper. The President or in his/her absence, a Vice President, shall be ex-officio a member of every such committee.

  • Engage or appoint and at pleasure remove Greenkeepers and other employees or contractors, define their duties and powers, and where necessary fix and determine their salaries, remuneration and emoluments. No member or associated person of a member shall be entitled to derive or otherwise receive any benefit or advantage where that member is able to determine or materially influence the amount or nature of that benefit or advantage.  However any member or associate who renders professional or trade services to the Club shall be entitled to be paid all usual professional, business and trade charges for work done for the Club.
  • Make, alter and repeal such conditions as are not required by this constitution and the Rules of the Club associated therewith to be submitted to a General Meeting as it may consider necessary or proper for the well-being of the Club.
  • Waive, reduce, or remit subscriptions.

               (f)    Appoint, hire, employ and remunerate all classes of persons for the purposes of the Club License or other License or Charter from time to time held by the Club as required by the Liquor Licensing Authority and otherwise, and considered necessary and in accordance with conditions decided by the Executive and without in any way limiting the discretion of the Executive to remunerate any such persons honorarium, salary, wages, or financial grant for expenses.

10.2                 Every resolution of the Executive which is not inconsistent with, or   does not purport to repeal or alter anything contained in the respective Constitutions of Bowls NZ, the Centre, and this Club, or any resolution of any General Meeting of the Club, shall be binding on all members of the Club unless and until set aside by a resolution of a General Meeting of the Club.

 

 

11     SECRETARY AND TREASURER

 

11.1   Secretary Duties

         The Secretary shall;

               (a)   Summon and attend all General Meetings and Meetings of the Executive, keep minutes of the proceedings thereof and record the attendance at meetings of the Executive (particulars of which shall be included in the Annual Report).

               (b)   Conduct all correspondence and generally perform such duties required under the Constitution of Bowls NZ and the Centre and/or this Constitution and any rules promulgated pursuant thereto, and such other duties as are usual to the Office.

11.2   Treasurer Duties

         The Treasurer shall;

               (a)   Collect and account for all subscriptions and other monies payable to the club, bank to the credit of the Club’s banking account, disburse the monies of the Club under the authority of the Executive and keep proper accounts of the financial affairs of the Club.

               (b)   Submit accounts payable by the Club for the approval of the Executive before payment, report to each Meeting of the Executive the state of the finances of the Club.

               (c)    Keep a register of Members in accordance with and furnish to the Registrar of Incorporated Societies the Annual Statement required by “The Incorporated Societies Act 1908”.

  • Immediately after the close of each financial year prepare and submit to review the Statement of Accounts and Balance Sheet for the year, and present them, together with a budget of estimated income and expenditure for the ensuing year, to the Annual General Meeting.

 

12     GENERAL MEETINGS

12.1   Annual General Meetings

                       The Annual General Meeting of the Club shall be held in the month of June in each year, on such day and at such place and hour as the Executive shall fix and determine. The business of the Meeting shall be  to receive the Annual Report, Statement of Accounts and Balance Sheet  for the preceding year, to elect and appoint office-bearers for the ensuing year, to consider and deal with notices of motion (which shall have been received by the Secretary not less than thirty days before the  meeting) and to transact any other general business of the Club.

 

12.2   Special General Meetings

             (a)     A Special General Meeting at which only the business for which the meeting is convened shall be dealt with may at any time be summoned upon the initiative and order of the Executive.

  • Conversely a Special General Meeting shall be held within fourteen (14) days after the receipt  by the Secretary of a written requisition signed by at least ten (10) financial Full or Limited Members and

setting forth in the form of a motion(s) the object(s) of such Meeting.

  • If the Executive does not within fourteen days convene a Special  General Meeting, the requisitioners  or any one of them may, subject to the provisions of this Constitution as to notice, convene it to be held at the Clubrooms of the Club.

12.3   NOTICE OF MEETINGS

                       At least seven clear days notice in writing of every General Meeting, specifying the place, day, and hour of the Meeting and the nature of the  business to be considered thereat, shall be given by the Secretary to  every financial Full or Limited Member of the Club.  The accidental omission to give any Member notice of the Meeting, shall not invalidate the proceedings of any General Meeting.

 

 

 

12.4   CHAIRPERSON

                       The President, or if he/she is absent or unwilling to act, the  Vice-President, shall preside at all General Meetings, provided however that if neither of these Officers is present or willing to act, the Meeting shall appoint any financial Full or Limited Member present to act as its Chairperson.

12.5   PROCEDURE

         (a)  At all General Meetings every financial Full or Limited Member personally present shall on each question have one vote, and in the case of an equality of votes the Chairperson shall have a further or casting vote which, if exercised, shall be cast, except for elections when there shall be a re-ballot, with regard to the status quo.

         (b)  Except for contested elections of office- bearers or as otherwise provided by this Constitution, voting at General Meetings shall be on the voices or, if the Chairperson or any two members present and entitled to vote shall so require, by show of hands, or by secret Ballot as the case may be.

12.6   MINUTES

         (a)  The Chairperson shall declare the result of the voting and an entry to that effect shall be made in the minutes of the proceedings and duly confirmed as hereinafter provided.  Such evidence shall be conclusive of the terms of any resolution of a General Meeting and of its being passed or rejected.

         (b)  The minutes of each General Meeting shall be provisionally confirmed at the ensuing Meeting of the Executive and finally confirmed at the next Annual General Meeting.

13     CENTRE DELEGATE

13.1   Delegate to Centre

          The Delegate to the Centre in respect of the current year of the Club shall be appointed by the Executive following the Annual General Meeting and shall assume office in accordance with the provisions in the Centre Constitution. The Delegate shall when specific instructions are given, vote at Meetings of the Centre in accordance with the directions given to them by the Executive and/or any General Meeting.  The Delegate shall report to the Executive all decisions of the Centre affecting or of interest to the Club.

 

14     QUORUM

14.1   The quorum for all Club General Meetings shall be one more than a

         quarter of the number of financial Full and Limited Members entitled to

         vote provided that should such number not be a whole number, the

         quorum shall be the following whole number.

14.2   No business shall be transacted at any General Meeting unless a quorum shall be present, except that those present may fix a date and venue for the reconvening of the Meeting.

14.3   If a quorum is not present within an hour after the appointed time for it, the meeting, if convened upon the requisition of Members shall be dissolved.  In every other case it shall stand adjourned to a time and place to be fixed by the Chairperson on adjourning the meeting.  If at the adjourned meeting a quorum is not present within half an hour after the appointed time, the Members present shall be a quorum.

15     SUBSCRIPTIONS

15.1   The annual subscriptions due and payable by Members on the first day of September in every year shall be such as shall from time to time be prescribed by the Club in General Meeting.

15.2   If the annual subscription of any Member and any other monies owing

         by him/her to the Club shall remain unpaid after the first day of

         November in any year the member shall be deemed to be unfinancial

         and shall not thereafter, unless the Executive shall otherwise determine in special circumstances, be entitled to exercise or enjoy any right, privilege, or advantage of membership until all such monies have been paid.

16     AFFILIATION TO BOWLS NEW ZEALAND

 

         The Club and all Members shall, as a condition of the continuance of

         affiliation to Bowls NZ at all times and in all respects conform to and be bound by the Constitution of Bowls NZ.

17     LAWS OF THE GAME

All games, matches, tournaments and championships shall be played in accordance with the Laws of the Game and Associated Regulations.

 

18         VISITORS

18.1   The Executive may grant to a member of any other Club affiliated to Bowls NZ and not within the Centre, permission to use the greens and premises of the Club for such time and on such conditions as to payment or otherwise as the Executive thinks fit, but he/she shall not be eligible to represent the Club in outside competition or to play in any Club Competition.

18.2   The Executive may accord to any overseas visitor who is a Member of a bowling club affiliated to an Association in membership with the World Bowls Board the privileges of Full Membership of this Club for such period not exceeding twelve months and on such conditions as to payment or otherwise as the Executive shall think fit.

18.3   Visitors for purposes other than the playing of bowls may be admitted to the Club Pavilion when accompanied by a Member, such Member is to be responsible for the conduct of the visitor introduced by him/her.

19         REVIEWER

 

         A Reviewer, who shall not be a Member of the Executive, shall be elected at the Annual General Meeting and shall examine and report on the Annual Statement of Accounts and Balance Sheet.  The Reviewer shall at all reasonable times have access to the books and accounts of the Club and shall be entitled to any information required relating thereto or to any matter deemed necessary or desirable for review purposes.

20         GREEN SUPERINTENDENT

         The office of Greens Superintendent will be appointed by the Club’s Executive..

         Subject to any specific instructions given by the Executive, he/she shall be responsible for the maintenance and upkeep of the greens and surrounds, supervise and direct the work of the Greenkeeper and of any casual and voluntary work of a similar nature, and at each Executive Meeting report on the state of the greens and such other matters as he/she deems desirable or as may be required by the Executive.  If the Green Superintendent is absent the President or a Vice- President, shall have the power to prevent play on the greens or any part thereof at any time it is considered that the same might be damaged by being played on, such closing to be signified by the display of an appropriate notice on the green or rink concerned and/or a notice on the Pavilion Notice Board.

21     PROTECTION OF GREENS

21.1   Players, umpires and markers must wear flat-soled (‘heel-less’) footwear when they play on the greens or act as umpires or markers.

21.2   Any maimed or limbless player may use a support and/or artificial limb provided that the support or artificial limb be suitably shod with rubber or other pliable material.

22     MATCH COMMITTEE

22.1  The Club shall have a Match Committee comprising of eight Playing Members  to be elected at the Annual General Meeting.The duties of the Committee shall be to conduct and regulate all Club Competitions with due regard to Clause 25 and shall settle disputes in connection therewith and generally have control of all such games.

          And to;

  • Undertake the classification and grading of Members.

          (ii) Be responsible for the general organizing of the Club’s games programme for the season including the Club Championships and draw for Club day matches and such other events that are held on our greens, including Centre events.

(iii) Take all necessary steps to advise Club Members of any Competition Matches in which they are qualified to participate.

(iv) Undertake the organizing and control of all Galas.

         (v) Be responsible for all prizes and raffles for Galas.

22.2   Any Member dissatisfied with a decision of the Match Committee shall

         have the right of appeal to the Executive provided that such notice of

         appeal is lodged with the Secretary within three days after the date on

         which the decision of the Match Committee is communicated to the

         Member concerned.

22.3   Only Full Financial Members shall be eligible to compete in Club

         Championship competitions.

 

 

 

 

23     CLUB CAPTAIN,COACHES,SELECTORS

        

23.1   The Executive may appoint and define the respective duties of Club coach(s).

23.2   The Executive will define the responsibilities and duties of the club Captain and may fill any vacancy should one occur during any particular season.

23.3    At the Annual General Meeting each year nominations will be called for the Club’s Men’s and Women’s selectors. These nominations shall be considered by the Executive, and the appointment of the selectors (either as one man and one woman, or as a panel of selectors) shall be made by the Executive.

 

24     FINANCIAL

 

24.1   Banking

                   The Club’s current banking account shall be kept at the Bank of New         Zealand, Levin or at such other Bank as may be decided upon by the Executive.  All cheques on such account and all orders for trophies shall be signed by any two of the following; Treasurer, President and any member of the Levin Bowling Club appointed by the Executive.

24.2         A majority of the Playing Members present, entitled to vote and casting valid votes at a General Meeting of the Club convened for the purpose may resolve to borrow or raise, and secure the repayment of, such sum or sums of money in such a manner as they shall think fit including any charges upon all or any of the Club’s assets (both present and future) and to purchase, redeem and pay off such securities.

24.3         The Executive shall have the power to borrow by way of bank overdraft for the working expenses of the Club such amount of money either at one time or from time to time, but not exceeding in the aggregate $1,000.00 at such rate of interest and on such terms as the Executive may deem necessary or expedient, and to arrange for and obtain guarantees for the repayment thereof from Members of the Club.  Every Member becoming surety for any such loan shall be indemnified by the Club in respect thereof.

24.4           The financial year of the Club shall end on the 31st day of March in each         year. The Executive shall cause true and complete accounts to be kept of the income and expenditure and assets and liabilities of the Club.  A Statement of Accounts and Balance Sheet, in the form approved by the Executive and duly Reviewed shall, together with the Annual Report, be forwarded to each Financial Full and Limited Member with the notice of the Annual General Meeting.

24.5   MONETARY GAIN

 

                 No person shall be entitled to derive or otherwise receive any income benefit or advantage from the Club where that person is able to determine or materially influence the amount or nature of that income, benefit or advantage, provided that any person who renders professional services to the Club shall be entitled to be paid all usual and reasonable professional and business trade charges for work done for the Club. The provisions and effects

this Rule shall not be removed from this Constitution and shall be    included in any Constitution replacing this Constitution.

25     MATCHES

               The Executive shall decide what Interclub and Centre Matches and

               Competitions shall be entered by the Club during the ensuing season, but the Executive shall have the power to vary such decisions if, owing to subsequent circumstances it shall deem such variations to be in the best interests of the Club.

26     NOTICES

                Any notice required to be given under this Constitution shall be in

                writing and may be served either personally, by electronic mail, or by posting it in a prepaid letter addressed to the Member at the address last notified by him/her to the Secretary. If given by post, it shall be deemed to have been given at the time when the letter containing the same would be delivered in the ordinary course of post.

27     COMPLAINTS

               All complaints concerning the Staff, Green(s), Domestic or other

               arrangements of the Club or in respect of the conduct of any Member shall be made in writing as soon as practicable, signed by the Member complaining and addressed to the Executive, which shall enquire into the same at the earliest convenient opportunity.  In no instance shall a servant of the Club be reprimanded or criticized directly by a Member.

 

 

 

 

28     COMMUNICATION

               Members shall communicate with Bowls NZ only via the Club and the Centre.

29     PRIVACY ACT 1993

               It is a condition of Membership of the Club that each Member

               irrevocably consents pursuant to the Privacy Act 1993 to personal

               information in the form of his/her name and residential address, Office held (if necessary), e mail address and telephone number being included in a Membership List for display in the Club House and/or circulation to other Members and inclusion in the annual statistical return supplied by the Club to the Centre for any one or more of the following purposes:

         (i)   The Centre’s Membership records including Centre Levy purposes.

  • For Publication and distribution in the Centre Handbook (if necessary)

         (iii)  For distribution by the Centre pursuant to arrangements entered into         with sponsors.

              (iv) For forwarding to Bowls NZ for its records including Capitation Fee

               Purposes and/or distribution by Bowls NZ pursuant to arrangements entered into with sponsors.

30     COMMON SEAL

               The Common Seal of the Club shall bear the registered name of the Club and shall be kept in the custody of the Secretary. It shall, after a resolution of the Executive in that behalf, be affixed to any instrument, deed or document in the presence of two members of the Executive, one of whom shall be the President or the Secretary, who shall subscribe their names and offices thereto as witnesses.

31     INDEMNITY

               The Executive and other Officers of the Club shall be indemnified by the Club against all disbursements, expenses, liabilities and losses incurred by them in or about the discharge of their duties except such as happen from their own willful act, neglect or default.

 

32     ALTERATIONS TO CONSTITUTION

 

               This Constitution shall be amended, added to, or rescinded only by a         resolution in that behalf passed by a three-fifths majority of the Full and Limited Members present and voting at an Annual General Meeting or a Special General Meeting convened for that purpose, provided that written notice of the proposed amendment, addition or rescission shall have been given by the Secretary not less than thirty days before the meeting.  No such amendment, addition or rescission shall be valid unless and until approved by the Centre and accepted by the Registrar of Incorporated Societies.  No addition to or alteration or rescission of this Constitution shall be adopted if it in any way affects the Winding-Up Clause 33 unless it shall first have been approved by the Inland Revenue Department.

33        WINDING UP

                      In the event of the winding-up of the Club in accordance with the

                Incorporated Societies Act 1908 of which Section 24 requires a bare majority of votes, the funds and assets of the Club remaining after the payment and satisfaction of its debts and liabilities and the costs and         expenses of winding-up shall be distributed by the Club in General  Meeting to another organization that is charitable under New Zealand Law and has purposes similar to those of the Club, and no part of that income or other funds of that Society or Association is used or available to be used for the private pecuniary profit of any Proprietor, Member or Shareholder thereof; provided always however that any such  assets or other facilities remaining as aforesaid which shall have been  purchased or developed by the Club with aid from the Government Recreation and Sports Subsidy Scheme, shall be transferred to the Local Authority which provided such aid to be used by such Local Authority for continued public recreation..

34     MATTERS NOT PROVIDED FOR

 

               If any matter shall arise which is not, or which in the opinion of the

               Executive is not provided for by or under this Constitution, the same shall be determined by the Executive in such manner as it shall deem fit, and every determination shall be binding upon the Club and its Members unless and until set aside by a resolution of a General Meeting.

 

 

 

35     REPEALS AND SAVINGS

               The Constitution and Rules of the Club operative at the date of adoption of the Constitution are hereby repealed, but all existing appointments to Office and all acts of authority which originated thereunder and are subsisting or in force on the coming into operation of this Constitution shall endure as if they had originated under this Constitution.

 

Shoota BallingerConstitution