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THE CLUB HAS HABITS IT NEEDS TO CHANGE AND HURDLES TO OVERCOME

Monday 04 December 2023

The following is a list of issues the Tokoroa Golf Club Incorporated has yet to resolve pursuant to completing the Club's fundamental lawful obligations (FLO). 

There is no training for new officers to the Club to ensure that the officers of the Club have the knowledge required to take the actions needed to ensure the Club is compliant with the relevant acts of law, natural and administrative justice principals.  

Beginning with:

 

  1. The Incorporated Societies Act 2022.

  2. The Incorporated Societies Regulations 2023.  

  3. Employment Relations Act 2000.

  4. The Health and Safety at Work Act 2015.  

  5. Health and Safety at Work (General Risk and Workplace Management) Regulations 2016

  6. The principles of natural justice.  

  7. The principles of administrative justice (law).

Of note, a recent process demonstrated that the constitution is not only very old, but also allows for the Club to make decisions that are affected by bias, conflict of interest (interpersonal), and would not allow for natural justice to occur.  

Further, the Club's worker engagement is not being undertaken at this time leading to contribution issues (legal) in any later matters. (Starting with volunteer agreements and health and safety engagement).  

Whilst there are new controls established on the course, the Club has as yet to engage in the reviewing of policies and procedures with the required regularity.  

The Club remains without the required emergency plans pursuant to s. 14 of Health and Safety at Work (General Risk and Workplace Management) Regulations 2016

There remains no commitment from the Club to communicate its new responsibilities under the Incorporated Socities Act 2022:  

  1. The Clubs officers are of the view that they do not have to comply with the due diligence obligations to prevent officer's decisions being immediately nullified by the effect of s. 50(c) of the Incorporated Societies Act 2022.

  2. The Club's officers are of the view that they do not have to comply with the due diligence obligations to ensure officer's meet the qualification of officers provided for in s. 47(3) of the Incorporated Societies Act 2022.  

There is a lack of commitment from members of the Club to fill key positions.  By way of example, in order to fulfil obligations pursuant to s. 113 to s. 116 of the Incorporated Societies Act 2022 the Club has sort to train three (3) people to fulfil the obligation of the Contact Person.

 

They have all pulled out due to other commitments.  

 

In another example, the Club's website and shop need monitoring as the website is taking serious traffic and making additional bookings for people to come and play.  However, only a small number of very dedicated individuals working extra-long hours for no money appear to be doing the limited front end tasks only such as maintaining presence.   

A serious decision needs to be made as a result of the most recent natural justice process.  - Discuss.

A serious decision needs to be made as to costs as there are outstanding matters left behind by successive generations of officers who did not address these, and, pursuant to the application, employment obligations, and health and safety obligations.  

Accounting of memberships and if they are paid is overdue, and this needs to begin with a examination of aged receivables (membership payments) going back six (6) years.  

Accounting of memberships and if they are paid is overdue, and this needs to begin with a examination of aged receivables (membership payments) going back six (6) years.  

Volunteers and briefings and health and safety are an absolute that needs address.

Two (2) policies need to be instituted with immediate effect:  

every employee or volunteer shall take all practicable steps to ensure employee safety while at work and that no action or inaction of the employee of volunteer while at work or in service of the the Club would cause harm to any other person.  

An audit will take place pursuant to the regular quaterly (3 monthly) audit of policies process.  Audit's must result in compliance of the Club with the relevent legislative or regulatory requirements.  

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