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Constitution, Bylaws, Policies, Procedures, Rules, and Tikanga  

At Tokoroa Golf Club, we have developed a constitution, bylaws, policies, procedures, rules and tikanga pursuant to the fundamental lawful duties and obligations of an incorporated society.  

It is a requirement of membership of the Tokoroa Golf Club Incorporated that those who are, or wish to be, members of the Tokoroa Golf Club Incorporated avail themself of all constitutions, bylaws, policies, procedures, rules and tikanga pursuant to the fundamental lawful duties and obligations of an incorporated society.  

HEALTH AND SAFETY POLICIES

At Tokoroa Golf Club, we have developed a constitution, bylaws, policies, procedures, rules and tikanga pursuant to the fundamental lawful duties and obligations of an incorporated society.

 

See the existing health and safety policies below pursuant to the Health and Safety at Work Act 2015 and its subsequent amendments.  This Health and Safety page was last edited on or about Tuesday the 29th of August 2023 and contains the current Health and Safety policies of the Tokoroa Golf Club Incorporated.

It is a requirement of membership to the Tokoroa Golf Club Incorporated that members avail themselves of these Health and Safety Policies.  

Policy: Policy Creation Policy.

PURPOSE

On or about the 10th in January of 2019 it was brought to the attention of the Tokoroa Golf Club Incorporated by its auditor that that there were issues and concerns with the Club's "employment contracts". In 2023, the Club hired a Employment Advocate to address matters of employment and during that process it was discovered that the Club and it officers in January of 2019 were not compliant with their fundemental lawful obligations as outline in the Employment Relations Act 2000, the Health and Safety at Work Act 2015, and The Health and Safety at Work (General Risk and Workplace Management) Regulations 2016.



Pursuant to the Club's obligations, and the obligations of officers of an Incorporated Society under s. 34A Incorporated Societies Act 1908, AND, subsequent case law that hads been applied in courts for civil matters related to how officers of an incorporated society should act, officers had the following duties:


  • Act in good faith and in the society’s best interests.

  • Exercise their powers for a proper purpose.

  • Act in accordance with the society’s rules and objects.

  • Ensure the society’s affairs are carried out in a way that does not create a substantial risk of loss to the society’s creditors.

  • Ensure that the society does not incur an obligation that it can’t fulfil.

  • Take reasonable care in exercising their duties.

  • Ensure that they don’t profit personally from their position of trust.

  • Accumulate documentation that is required as evidence of their doing so.


Given the aforementioned, and, given that an application was required to be made under the Incorporated Socities Act 2022 to Incorporate the Tokoroa Golf Club Incorporated under the act, The The Tokoroa Golf Club Incorporated hired Working for Workers Limited to to facilitate an acceptable document to be presented to the committee of the TGC for approval to members of the TGC, prior to the said clubs AGM. This hiring included ensuring that the club had the correct methods of promulgation and data retention as required to be compliant with a range of acts including but not limited to:

xx - TOKOROA GOLF CLUB EXECUTIVE COMMITTEE MEETING 23062023
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[s.26(1)(a) of the Incorporated Societies Act 2022

[s. 11 of the Incorporated Societies Act 2022

[s. 18 of the Incorporated Societies Act 2022

[refer:  Edward, Lord Thurlow 1731–1806]

[s. 3 of the Incorporated Societies Act 2022]

[s. 16 of the Incorporated Societies Act 2022]

[s. 18 of the Incorporated Societies Act 2022]

[s.26(1)(b) of the Incorporated Societies Act 2022

[s. 12 of the Incorporated Societies Act 2022

[s.18 of the Incorporated Societies Act 2022

[s.26(1)(c) of the Incorporated Societies Act 2022

[s.76 of the Incorporated Societies Act 2022

[s.76(2) of the Incorporated Societies Act 2022

[s.47 of the Incorporated Societies Act 2022

[s.30 of the Human Rights Act 1993

[s. 21(1)(i) of the Human Rights Act 1993

[s.26(1)(d) of the Incorporated Societies Act 2022

[s. 113 through 116 of the Incorporated Societies Act 2022]

[s. 80 of the Incorporated Societies Act 2022

[s. 83 of the Incorporated Societies Act 2022

[s. 237 of the Incorporated Societies Act 2022

[s. 238 of the Incorporated Societies Act 2022

[s. 69 of the Privacy Act 2020

[s. 70 of the Privacy Act 2020

[s.26(1)(e) of the Incorporated Societies Act 2022

[s.79 of the Incorporated Societies Act 2022

[s.22 (a.k.a Part 3) of the Privacy Act 2020

[s.236 of the Contract and Commercial Law Act 2017

[s.240 of the Contract and Commercial Law Act 2017

[s.26(1)(e) of the Incorporated Societies Act 2022]

[s.79 of the Incorporated Societies Act 2022]

[s.22 (a.k.a Part 3) of the Privacy Act 2020

[s.236 of the Contract and Commercial Law Act 2017]

[s.240 of the Contract and Commercial Law Act 2017]

[s. 54 of the Employment Relations Act 2000

[s. 65 of the Employment Relations Act 2000

[s.114 of the Employment Relations Act 2000

[s. 3 of the Health and Safety at Work Act 2015

[s. 17 of the Health and Safety at Work Act 2015

[s.18 of the Health and Safety at Work Act 2015

[s.19 of thew Health and Safety at Work Act 2015

[s. 22 of the Health and Safety at Work Act 2015

[s. 36 of the Health and Safety at Work Act 2015]   

[s.  17 of the Health and Safety at Work Act 2015]

[s. 36 of the Health and Safety at Work Act 2015]

[s. 26(1)(f)(i) of the Incorporated Societies Act 2022

[s. 45 of the Incorporated Societies Act 2022]  

[s.46 of the Incorporated Societies Act 2022

[s. 47 of the Incorporated Societies Act 2022

[s. 26(f)(i) of the Incorporated Societies Act 2022

[s. 45 of the Incorporated Societies Act 2022

[s.46 of the Incorporated Societies Act 2022

[s. 47 of the Incorporated Societies Act 2022

[s. 48 of the Incorporated Societies Act 2022]

[s. 50 of the Incorporated Societies Act 2022

[s. 51 of the Incorporated Societies Act 2022

[s. 51 (amongst others) of the Limitation Act 2010]  

[s.26(1)(f)(ii) of the Incorporated Societies Act 2022

[s.46 of the Incorporated Societies Act 2022

[s.18 of the Incorporated Societies Act 2022

[s. 22 of the Incorporated Societies Act 2022

[s. 60 of the Incorporated Societies Act 2022

[s. 9 of the Incorporated Societies Act 2022]  

[s. 46 of the Incorporated Societies Act 2022

[s. 47 of the Incorporated Societies Act 2022

[s.54 of the Incorporated Societies Act 2022


On Friday the 21st of August 2023 members of the Executive Committee meet and examined a number of solutions avaliable to ensure that it could meet it's fundamental lawful obligations pursuant to the aforementioned but beginning with:








  • To enable workers to contribute to the decision-making process relating to the matter.  


  • To provide the Club with a method of doing so that would reduce the overall administration burden on the Club through modern methods.


Subsequently, policies will be developed and created, as required by law, and pursuant to the fundemental lawful obligations of the Tokoroa Golf Club Incorporated.


Each Policy will provide:

  • A policy title.

  • A policy purpose.

  • The policy objectives.

  • Links to the fundemental lawful requirements identified.

  • Worker engagement information.

  • Submissions feedback.

  • Any other requirement identified to facilitate the policy.

  • A audit date.

OBLIGATIONS

Obligations were identified pursuant to:


[s.26(1)(a) of the Incorporated Societies Act 2022

[s. 11 of the Incorporated Societies Act 2022

[s. 18 of the Incorporated Societies Act 2022

[refer:  Edward, Lord Thurlow 1731–1806]

[s. 3 of the Incorporated Societies Act 2022]

[s. 16 of the Incorporated Societies Act 2022]

[s. 18 of the Incorporated Societies Act 2022]

[s.26(1)(b) of the Incorporated Societies Act 2022

[s. 12 of the Incorporated Societies Act 2022

[s.18 of the Incorporated Societies Act 2022

[s.26(1)(c) of the Incorporated Societies Act 2022

[s.76 of the Incorporated Societies Act 2022

[s.76(2) of the Incorporated Societies Act 2022

[s.47 of the Incorporated Societies Act 2022

[s.30 of the Human Rights Act 1993

[s. 21(1)(i) of the Human Rights Act 1993

[s.26(1)(d) of the Incorporated Societies Act 2022

[s. 113 through 116 of the Incorporated Societies Act 2022]

[s. 80 of the Incorporated Societies Act 2022

[s. 83 of the Incorporated Societies Act 2022

[s. 237 of the Incorporated Societies Act 2022

[s. 238 of the Incorporated Societies Act 2022

[s. 69 of the Privacy Act 2020

[s. 70 of the Privacy Act 2020

[s.26(1)(e) of the Incorporated Societies Act 2022

[s.79 of the Incorporated Societies Act 2022

[s.22 (a.k.a Part 3) of the Privacy Act 2020

[s.236 of the Contract and Commercial Law Act 2017

[s.240 of the Contract and Commercial Law Act 2017

[s.26(1)(e) of the Incorporated Societies Act 2022]

[s.79 of the Incorporated Societies Act 2022]

[s.22 (a.k.a Part 3) of the Privacy Act 2020

[s.236 of the Contract and Commercial Law Act 2017]

[s.240 of the Contract and Commercial Law Act 2017]

[s. 54 of the Employment Relations Act 2000

[s. 65 of the Employment Relations Act 2000

[s.114 of the Employment Relations Act 2000

[s. 3 of the Health and Safety at Work Act 2015

[s. 17 of the Health and Safety at Work Act 2015

[s.18 of the Health and Safety at Work Act 2015

[s.19 of thew Health and Safety at Work Act 2015

[s. 22 of the Health and Safety at Work Act 2015

[s. 36 of the Health and Safety at Work Act 2015]   

[s.  17 of the Health and Safety at Work Act 2015]

[s. 36 of the Health and Safety at Work Act 2015]

[s. 26(1)(f)(i) of the Incorporated Societies Act 2022

[s. 45 of the Incorporated Societies Act 2022]  

[s.46 of the Incorporated Societies Act 2022

[s. 47 of the Incorporated Societies Act 2022

[s. 26(f)(i) of the Incorporated Societies Act 2022

[s. 45 of the Incorporated Societies Act 2022

[s.46 of the Incorporated Societies Act 2022

[s. 47 of the Incorporated Societies Act 2022

[s. 48 of the Incorporated Societies Act 2022]

[s. 50 of the Incorporated Societies Act 2022

[s. 51 of the Incorporated Societies Act 2022

[s. 51 (amongst others) of the Limitation Act 2010]  

[s.26(1)(f)(ii) of the Incorporated Societies Act 2022

[s.46 of the Incorporated Societies Act 2022

[s.18 of the Incorporated Societies Act 2022

[s. 22 of the Incorporated Societies Act 2022

[s. 60 of the Incorporated Societies Act 2022

[s. 9 of the Incorporated Societies Act 2022]  

[s. 46 of the Incorporated Societies Act 2022

[s. 47 of the Incorporated Societies Act 2022

[s.54 of the Incorporated Societies Act 2022


  1. Workers:

    1. Obligations pursuant to regulations.


  2. Officers:

    1. Obligations pursuant to regulations.


  3. The Club (Person Consucting a Business or Undertaking):

    1. Obligations pursuant to regulations.

    2. Liability with Civil Proceedings: s. 122 of the Health and Safety at Work Act 2015.

    3. Liability with Provisional Improvement Notices, Charges, and Adverse Conduct : s. 50 through s. 99 of the Health and Safety at Work Act 2015.


However, there are other laws, and duties to these laws that must be undertaken to ensure the lawful running of the Tokoroa Golf Club Incorporated.


ACTIONS

Actions identified to implement this policy and for the club to meet their fundamental lawful obligations and duties are as follows:


  1. Task Working for Workers and the Constitution and Policy sub committee to identify and address areas of law and compliance and create the initial policy based on this outline.

  2. Engage workers and members in participation, feedback and submissions on policies.

  3. Establish registers for the policies in order that they can be promulgated and submissions can be made by members, workers, and stakeholders.



As of the 1st of September 2023 this policy is currently submitted to the worker pursuant to s. 61 of the Health and Safety at Work Act 2015 and will be subject to worker submissions. While this process takes place, the employer will institute the aforementioned process to ensure there is a minimum level of protections for the worker in place in order to meet its fundamental lawful obligations pursuant to s. 36 of the Health and Safety at Work Act 2015, s. 44 of the Health and Safety at Work Act 2015 and s. 7 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016.


The club is seeking further submissions on this matter from member and stakeholders at this time.

WORKER ENGAGEMENT OUTCOMES

In Progress.

STAKEHOLDER SUBMISSIONS

In Progress.

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