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DISPUTES - PROCEDURES OF DISPUTE AND COMPLAINT - ONCE THE DISPUTE IS RECEIVED.

  1. The Executive Committee is empowered to create a Special General Meeting which will be an oral hearing that can also take written submissions to resolve any dispute raised by a Member, Officer, or Complainant.  Upon being informed of the complaint by way of written notice, the Executive Committee will: 

    1. Determine if the complaint is of significance pursuant to s. 6 Schedule 2 of the Incorporated Societies Act 2022 and its subsequent amendments.  If Executive Committee does achieve a resolution, without conflict of interest that the complaint is a valid complaint; then 

    2. Within fourteen (14) days of receiving the notice of complaint, call and hold a Special General Meeting for the purpose of electing persons who do not have a conflict of interest to be a decision maker in the process of making a determination on the complaint; and 

    3. This committee will be known as the Committee for the Resolution of the Dispute; and 

    4. If required, conclude a motion or resolution by way of democratic vote involving a quorum of no less than thirty (30) Members in the Special General Meeting to nominate a neutral party of no less than five (5) persons who are not Members at the Club, but who are trusted persons of competence to be decision makers in instances where there is a likelihood or expression of interest of persons on the Executive Committee of the Club having a conflict of interest; and 

    5. The Special General Meeting will be recorded by way of written minutes made by the Secretary of the Club or by a Appointed Minute Secretary ; and  

    6. The Special General Meeting minutes will be available publicly on the Club’s website; and 

    7. The Special General Meeting will consider the collection, storage, and changing of data within the requirement of the Privacy Principles of s. 22 of the Privacy Act 2020; and 

    8. In the case of sensitive matters (being a matter where there is an obligation of confidentiality due to the circumstances of the matter), identifying information of the matter, the complainants, and any other revealing information will be redacted; and 

    9. In the case of sensitive matters (being a matter where there is an obligation of confidentiality due to the circumstances of the matter), those who participate in the Special General Meeting will be required to sign a non-disclosure agreement which specifies that participants are not to disclose the sensitive or context revealing details of the meeting to any other persons as except as required by law or by the Committee for the Resolution of the Dispute; and 

    10. The non-disclosure agreements will be kept on the Members individual Records in a password protected file accessible by the individual Member or Members of the Executive Committee of the Club. 

  2. Once established, the Committee for the Resolution of the Dispute will: 

    1. Issue a letter and information to the complainant, and those complained about that: 

      1. They have received the complaint; and 

        1. Provides the list of evidence and correspondence for the complaint received from the person making the complaint; and 

        2. States the likely other parties to the complaint have been informed and instructed not to engage with the complainant; and  

        3. Instructs the complainant to only

        4. States, pursuant to section s. 2(1)(a) of Schedule 2 of the Incorporated Societies Act 2022 that the complainant is starting a procedure for resolving a dispute in accordance with the Club's constitution; and 

        5. Informs the complainant and those complained about of the date, time and location for a hearing of the complaint that is no later than twenty-eight (28) days after receiving the complaint; and 

        6. Provides the complainant and those complained about a timeline for response to the letter; and 

        7. Includes a statement that the procedure for resolving disputes must be consistent with natural justice pursuant to s. 39 of the Incorporated Societies Act 2022 and its subsequent amendments; and 

        8. Includes a statement that the person who has made the complaint, and those complained about are entitled to be heard in writing and/or orally pursuant to the s. 2 of Schedule 2 of the Incorporated Societies Act 2022; and 

        9. Includes a statement on what the likely outcome for the hearing could be based on the information in the possession of the decision makers at the time the complaint was made by the complainant; and 

        10. Includes a statement that provides that participants in the hearing and the process have the right to representation; and 

        11. Includes a statement that provides that participants in the hearing and the process have the right to a support person; and 

        12. Provides the details of the Club's contact person for the decision-making body of the complaint; and 

        13. Includes a statement on where complaints can be submitted; and 

        14. Includes a statement about who the submissions will be considered by; and 

        15. Includes a statement about the Committee for the Resolution of the Complaint’s deadline for written submissions. 

        16. Includes a statement that Pursuant to section 10 of the Arbitration Act 1996 the Club is willing to agree to Arbitration in the first instance should the participants not agree with the findings of the Committee for the Resolution of the Complaint’s findings and resolutions. 

  3. If the Executive Committee determines that the complaint is not a valid complaint pursuant to s.6 of Schedule 2 of the Incorporated Societies Act 2022 the Executive Committee will write to the complainant and provide the reason for the Executive Committee not continuing with the process; and 

    1. Refer the complainant pursuant to s. 10 of the Arbitration act 1996 and give agreement to attend arbitration in the first instance of any challenge to the decision of the Executive Committee. 

STAKEHOLDER SUBMISSIONS

G-7; 1-e; I am pleased you have included this. There have been many members here abusing this. Decidng not to play anymore  and cancelling their AP's. The contract is an annual contract not a weekly contracat.

N-16 Excellent

Plus the treasurer is also appointed according to Sec N-14

N-30 Duties of Secretary;1 The secretary of the club is a person who is democratically elected by the club's membership...... seems to be contrary to what is written in sec N-14 which says the secretary is not elected but appointed by the executive committee?????

I believe our Fees should increase every at the rate of 3%.

The CPI to March 2023 is 7.7%

The 3% would be $17.91 an increase of 34cents per week.

I submit that we change our club shield to something that represents Tokoroa better. My design has the old products tree for history and dark green for grass and trees. The axes for the bushmen and the stag for the Tokoroa pines hunting abundance. It can be used for ball markers and shirts to sell. Another good revenue stream

What is the purpose of a special meeting?

What are the conditions of a special meeting?

Sub-committee should be made up of Vice President, House Captain (kitchen, restaurant, clubhouse) , Shop Manager, Greens Convenor, Match Committee, Sponsorship Convenor

 

Each sub-committee reports to the following:

House Captain reports to President

Shop Manager reports to President

Match Committee reports to Club Captain

Greens Convenor reports to Club Captain

 

Operations Manual should be developed to include

The shop manager should be given a delegation of spend before prior approval is sought from the Exe-committee

The House Manager should be given a delegation of spend before prior approval is sought from the Exe-committee

Greens Convenor should be given a delegation of spend before prior approval is sought from Exe-committee

 

The election of offices of Executive Committee is voted at the Annual AGM.

 

We require clarification on the role and responsiblities of the exe-committee.

 

First order of business for Exe committee is to seek nominations/recommendations for the roles of secretary and treasure. Each candidate must provide in writing their skills and experience to conduct these roles.

 

The term of office for the Secretary and Treasurer is 3-years but can be re-elected following a minimum of 12-month period stand-down. There is a 2-month handover period to any new role.

 

What are the rules and timeframes around the election of officers?

Exe committee elect a Electoral officer for the AGM (could this be the secretary?)

Who is eligible to vote at the AGM. Do you need to be present at the AGM to cast your vote? Is advance or early voting permitted.

 

this should be made up of:

President

Club Captain

Ladies Captain

Vets Convenor

Past President

A description of the role and responsibilites of each role

I believe the secretary and Treasurer

should have voting rights if a paid position then no. I believe these are key positions in the organisation and they are working positions with hands on.

I believe we do not need a vice president when we have a president and pass president on the executive.

 

The vice president doesn't need to make a report, as the president in his report, will be reporting on events ther club has conducted, and how the committee has performed and the acheivments they've completed.

The immediate past president will automatically fill this position upon being deposed as the president from the last executive committee. And shall stay in this position until s/he resigns, or is removed as contained in this constitution. The appointment of past president will be conducted as contained within this constitution of appointments.

That the Annual General meeting of the Tokoroa golf club be held no later than the 15th of December in any calender year.

Life membership. Where it says life membership can only be by referral of the executive.

Should read, Life membership would normally be referred/only by the executive of the Tokoroa golf club executive committee, should also allow for a resolution from within the membership as prescribed by motions by a mover/seconder as contained in this constitution.

Or a referral somewhere that allows this to be done.

The annual general meeting will be held yearly, and conducted before the 15th of December in any one year.


Absence from meetings. Not with out the express permission of the President upon each request made on each occassion which may arise.

The executive committee should consist of:  


1 x President.

1 x Past President.

1 x Vice President.

1 x Men's Club Captain.

1 x Ladies Club Captain.


Treasurer and Secretary are not elected by appointed.  

There are not to many lions native to Aotearoa.

LINKS TO OTHER SUBSECTIONS OF THE MAIN SECTION

AUTHOR SUBMISSION AND NOTES

Bryce Hamiton, National Director of Advocacy for Working for Workers Limited provides the following submission for the consideration of members of the Tokoroa Golf Club Incorporated as a Stakeholder.

Considerations were made to lawfully required obligations pursuant to:
From the previous suspension section of the Constitution.
This is a required section pursuant to s. 26(1)(j) of the Incorporated Soceities Act 2022.  
Applies to the outcomes from the suspension or explusions sections of the previous constitution and for any matters which qualify as a dispute. - s.27 of the New Zealand Bill of Rights provides these rights.
Consideration and attention were given to:
s. 39 of the Incorporated Societies Act 2022 (Principals of natural justice).
Common law understandings about timelines.[s. 2 Schedule 2 of the Incorporated Societies Act 2022
The scale of legislative understanding on this is significant.  It considers:    - Common law understandings about timelines; and  - s.27 of the New Zealand Bill of Rights Act 1990; and  - s. 1 through s. 8 of Schedule 2 of the Incorporated Societies Act 2022; and   - s. 39 of the Incorporated Societies Act 2022; and  - s. 240 of the Contract and Commercial Law Act 2017; and  - s. 22 of the Privacy Act 2020; and  - s.21 of the Human Rights Act 1993; and  - s. 5 of the Arbitration Act 1996; and  - s. 10 of the Arbitration Act 1996; and  - s. 39 of the Incorporated Societies Act 2022; amoungst others and should be carefully considered by those determining or entering a dispute.

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