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Policy Creation Policy

Date First Created:

Wednesday, 30 August 2023 at 1:30:00 am UTC

Date Last Updated:

Monday, 4 September 2023 at 6:38:54 pm UTC

Author:

Tokoroa Golf Club Incorporated

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 as provided by s. 34A of the Incorporated Societies Act 1908, AND, subsequent case law that had 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.

  • To Act in a manner that is not inconsistant (is consistant) with all laws and regulations of the nation state of Aotearoa New Zealand.


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 new 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
.pdf
Download PDF • 101KB

[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.


POLICY DETAILS

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
.pdf
Download PDF • 101KB

[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.

POLICY AUDITING

This policy will be audited next on or about the 1st of October 2024.

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