Marlborough MotorCycle Club Rules 1 RULES OF MARLBOROUGH MOTORCYCLE CLUB (INCORPORATED) Established 16 September 1955.
1. Name The name of the club is the Marlborough MotorCycle Club (Incorporated) (the Club) PO Box 1068, Blenheim.
2. Objects The objects of the Club shall be: 1. To encourage the sport and pastime of motorcycling, motoring and allied power sports, and promotion of sporting and social events in the furtherance of these objects. 2. To promote the interest of the Club and its members and to maintain the lawful rights and privileges of the Club and its members. 3. To subscribe to and become a member of Motorcycling New Zealand or other such body as the Committee shall, by special resolution, so decide. 4. To provide competitions under the Rules of Motorcycling New Zealand or such other body and such other competitions as the Club shall determine.
3. Membership 1. There shall be five classes of membership: 1. Rider Rider members shall be those persons participating in active riding provided by the Club. 2. Family Family membership shall be available for a family group of members and must include one active rider and such membership is entitled to one voting right per family group. Determination of a Family Membership shall be made by the Committee and published on the Membership Application Form. 3. Social Member Shall be those persons who wish to be members of the club but who do not participate in riding. 4. Honorary / Corporate Membership Honorary / Corporate members shall be elected on and under such conditions as the Committee shall from time to time decide. Honorary / Corporate members shall have no voting rights. 5. Life Life membership may be conferred by the Club in accordance with Clause 4. 2. 1. Applications for membership must be made on the Clubs prescribed form available on the clubs website or from the secretary Marlborough MotorCycle
Club Rules 2 2. Rules of the Club are posted on the clubs website. Where an applicant does not have access to the internet it is the applicants responsibility to request a copy of the rules from the club secretary. The club secretary will upon receipt of a request for the club rules post a copy of the same to the applicant at the applicants address as listed on the membership application. 3. All applications for membership shall be signed by the applicant for membership, in the case of junior members, their legal representative, and shall be accompanied by the membership subscription appropriate to the class of membership applied for. 4. Applications for Membership may be accepted on a provisional basis until confirmed by the Committee and by issue of a Club Membership Card. 5. The Committee shall have the right to accept, defer or refuse any application for membership. 6. The Committee may, at their entire discretion, remove from the Register of members, any member whose subscription is three months or more overdue, but may reinstate such member on payment of all arrears of subscription. 7. No member shall be entitled to any of the rights or privileges of Club membership during the period that their subscription remains in arrears. 8. The name, address and membership number shall be entered in the Register of Members. Each member shall inform the Secretary in writing of any change of address, and the register shall be amended accordingly. 9. Any member wishing to resign from the Club shall give notice in writing to the Secretary. (See clause 6.1)
4. Life members 1. Election of life members 1. Any member may be nominated by an existing member as a Life Member to the Committee for approval. Such approval shall be considered by the Committee prior to the Annual General Meeting. 2. The nomination must be in writing and signed by two existing Members as proposer and second respectively and must state the reasons for putting forward the member for consideration of life membership. 3. The approved nomination must be confirmed by resolution at an Annual General Meeting.
2. Privileges of life members 1. Life Members need not pay any Membership Fee. Marlborough MotorCycle Club Rules 3 2. Subject to clause 6, Life Members will enjoy all the rights and privileges of membership and are included in the term Members for the purposes of these Rules.
5. Subscriptions 1. The annual subscription for each class of membership shall be determined by an ordinary resolution at the Annual General Meeting of the Club. 2. Subscriptions for renewal of membership shall be due on the first day of the financial year.
6. Cessation of Membership 1. A member may at any time resign membership of the Club by giving notice in writing to the Secretary, but shall continue liability for any annual subscription due and unpaid at the time of the resignation. 2. In addition to the disciplinary powers provided by the Rules of Motorcycling New Zealand, or other such body, the Committee may expel any member proved to their satisfaction to have been guilty of such conduct as to bring the Club or the Sport into disrepute. Such disciplinary powers shall include a minimum of such member to be given immediate notice of such expulsion, and the date of a meeting at which the appeal will be heard should the member desire to do so, with the right to counsel. Such expulsion does not debar the Committee from revering any arrears of subscription due and payable.
7. Officers and Committee 1. A Patron or Patrons may be elected each year at the Annual General Meeting. Such positions will be honorary and so be exempt from membership fees. Matters in relation to voting will apply as per clause 3.1.4. 2. The Club shall be managed by a committee of up to eleven members including the President, Vice President, Secretary, Treasurer and seven other members including the outgoing presidents discretionary position. The President will convene and chair all meetings and ensure that the rules of the club are followed. The Vice President will carry out the duties of the President when required. The Secretary is to keep a register of members, prepare notices for meetings, keep minutes of all meetings, handle all inward and outward correspondence as directed by the committee, keep the official common seal in a safe keeping. The Treasurer is to keep proper financial records, to bank all money received by the club, to pay all accounts as approved by the committee, to prepare annual accounts, and to file the annual accounts (financial statements) with the Registrar of Incorporated Societies. 3. All officer bearers shall be elected by ballot at each annual general meeting. If insufficient nominations are received, or if an office bearer or member of the Committee resigns their office during the year, the Committee may coopt a member or members to fill the vacancy until the next general meeting Marlborough MotorCycle Club Rules 4 where the position may be confirmed. Notification of the vacancy must be given fourteen days prior to the next general meeting notice. 4. All office bearers shall retire at the end of each year, and those eligible may present themselves for reelection. 5. Each consented nomination for President and Vice President shall be in writing and signed by both the nominator and the seconder. Where the nominated person intends to stand for the position that person shall complete a brief statement of their vision for the club and how their vision and experience will benefit the club and its members. This is to be received by the Secretary no later than fourteen days prior to the Annual General Meeting and the Secretary shall make the statements available to club members for their consideration prior to the AGM. 6. Nominations for other office holders and Committee members shall be in writing with the details of the members nominating and seconding the nomination respectively included in the nomination along with their signature. Those nominations shall be received by the Secretary no later than fourteen days prior the Annual General Meeting and the Secretary shall make the nominations available to club members for their consideration prior to the AGM. 7. In relation to rules 6 and 7 above where there are nominations in excess to those required for any position those nominations shall be put to members at the Annual General Meeting where members shall vote to elect a member to the respective role. 8. All nominations, nominators and seconders must be signed and be current club members. 9. Should there be less nominations than vacancies for membership of the committee nominations can be made by members present at the AGM.
8. Policy Regarding Conflicts of Interest 1. Any potential candidate applying for election as an office bearer of the club, must at the onset of the election process, acknowledge and disclose: 1. Any and all personal business interests (as an employer, employee director, shareholder etc) directly or indirectly associated with the sport of motorcycling and/or the provision of services or products for club events or daily business requirements of the club. 2. In the event of a real or perceived conflict of interest the committee reserves the right to disqualify that person from the election process or election result. 3. Persons who declare a conflict of interest may speak to a motion but not vote. 2. During the term of the appointment as an office bearer of the club must: 1. Maintain and update details of any personal business interests, new and existing, including those disclosed in paragraph 1.1 to the committee. Marlborough MotorCycle Club Rules 5 2. Not form a new supplier or contract arrangement on behalf of the club that the member has a direct or indirect relationship with unless expressly approved by the committee. 3. In the event of a real or perceived conflict of interest arises during the term of the members appointment, the committee reserves the right, to suspend and/or terminate the members appointment and elect with due process, a new committee member. Process Regarding Confidentiality: 4. During the term of appointment the office bearing member will obtain, or have access to confidential information concerning the club. The member must not: 1. Use the information except as authorised in the course of the members duties. 2. Use the information for the members own benefit or personal gain. 3. Use the information for the benefit of any company or other organisation in which the member is a director, shareholder or stakeholder without the express approval of the committee. 5. In the event of a breach of confidentiality under this clause, the committee reserves the right to suspend and/or terminate the members appointment and elect, with due process a new member. 6. This clause applies both during and after the term of all office bearing members. 7. On termination or if the appointment term expires, the member must return all books, manuals or other documents and all electronic data which the member may have received, made or copied in the course of the appointment with the club. 8. Note Rule 8 in effect prohibits an officer of the MMCC Inc being an officer in any other motorcycle cub or vice versa.
9. Meetings, Voting and Resolutions. 1. All meetings shall be chaired by the President, or if absent, the Vice President. Should neither be available, it shall be the first duty of the meeting to elect a chair. 2. Unless provided elsewhere in these Rules, voting at all meetings shall be taken by a show of hands. The Chair shall have discretion to a call for a ballot and must do so if more than seven members request a ballot. Motions carried by ordinary resolution must receive a simple majority of those voting. In the event of an equality of votes, the Chair shall have a casting vote to maintain to status quo, and may exercise a deliberative vote on the first voting. Motions carried by special resolution must be carried by a majority of two thirds of members voting by ballot and the Chair shall not have a casting vote. 3. Any meeting shall by ordinary resolution, appoint two Scrutineers to receive and count all votes on a special resolution. 4. Voters must be a current member of the Club of a class with voting rights. Marlborough MotorCycle Club Rules 6 5. No member is entitled to vote at any time by proxy. Committee Meeting 6. Meetings of the Committee shall be held at least once a month in such a manner as the Committee shall determine. Seven shall form a quorum. 7. Any member of the Committee, who misses three consecutive meetings without presenting apologies which are sustained by the meetings, may be deemed to have forfeited their position and the vacancy may then be filled in the manner proved by these rules. 8. Committee members whos membership is by way of a family membership shall not be subject to the restrictions of clause 3.1.2 in relation to voting at Committee meeting. Each Committee member may exercise 1 vote.
Annual General Meeting 9. The Annual General Meeting, for which twenty eight days notice shall be given in Public Notice, shall be held not later than the 28th day of February in each year, for the purpose of receiving from each of the President and Secretary a written report on the years activities, and from the Treasurer a Statement of Financial Performance and Position. If thought fit, the meeting may, by ordinary resolution, adopt the Reports and the Financial Statements. Notification by Public Notice includes but is not limited to posting a message of the pending meeting on the clubs website. 10. Any member wishing to give a notice of motion to the AGM must do so in writing to the Secretary at least forty days before the meeting, and such a motion or motions must be circulated to members at least twenty eight days prior to the meeting. Twenty shall form a quorum. Notification to members can be completed via mail / email or other internet means or by posting a public notice which includes but is not limited to posting information on the clubs website.
General Meetings & Special Meetings 11. General meetings of members, other than the Annual General Meeting, may be convened by the Committee, giving fourteen days notice, in such manner and at such time as it sees fit. 12. The Secretary shall call a special general meeting upon receipt of a written requisition signed by not less than seven Committee members or a requisition signed by not less than 20 members of the club for the purpose stated in the requisition, and such meeting must be called giving 14 days notice within one calendar month of receipt of the requisition. Twenty shall form a quorum.
10. Bank Account / Club Funds 1. An account shall be operated in the name of the Club in such Bank as the Committee shall determine, and all monies received shall be paid into such account. Any funds held in excess of normal day to day requirements will only be lodged in interest bearing Bank or Banks deposits. 2. Any two of the President, Vice President, Secretary or Treasurer may sign withdrawals on such account and any person may endorse deposits into such account. Marlborough MotorCycle Club Rules 7 3. All withdrawals must be authorised by resolution of the Committee. 4. No purchases for any item, in excess of $100.00 not provided for in the budget for the ensuing year can be made by any member of the club without first being authorised by the committee. 5. Any person breaking Rule 10/4 may be suspended or referred to the disciplinary committee.
11. Financial Year The financial year shall end on the 31st day of December and commence on the first day of January each year.
12. Secretary and Treasurer 1. The Committee shall cause proper books of accounts to be kept with respect to: 1. All sums of monies received and expended by the Club, and the matters in respect of which the receipt and expenditure takes place. 2. All assets held, monies due to and liabilities due by the Club. 3. The books of accounts shall be kept at the Registered Office of the Club or such other place as approved by the Committee, and shall always be open for inspection by any member of the Committee of the Club. No person, other than a member of the Committee shall have the right to inspect any account records or documents of the Club, unless authorised by resolution of the Committee, or of the Club in General Meeting. 4. It shall be the duty of the Secretary and Treasurer to act in all things under the direction of the Committee, and inter alia, to convene all meetings of the Club, and to maintain a correct register of members as required by the Incorporated Societies Act 1908 and to ensure compliance so as to maintain the Clubs registration as an Incorporated Society in accordance with the Incorporated Societies Act 1908 and to conduct all correspondence and generally perform duties as are consistent with the officers of Secretary and Treasurer. 2. At the Annual General Meeting a duly audited set of books and financial statements shall be presented.
13. Registered Office The Registered Office of the Club shall be situated at such place as the Committee shall from time to time determine.
14. Common Seal 1. The Club's Common Seal shall be kept in the custody of the Secretary. It shall not be affixed to any deed or document except by order of the Committee. The Seal shall be affixed to every deed or document requiring sealing in the presence of the President, Secretary and Treasurer, or such Marlborough MotorCycle Club Rules 8 person or persons as the Committee may appoint for the purpose, who shall be empowered to sign any deed or document to which the Seal is affixed. 2. The Committee may at any time procure another Common Seal for the Club.
15. Competition Rules All MNZ permitted competitions held by the Club shall be conducted under the Competition rules of Motorcycling New Zealand or any other such organisation determined by the Club.
16. Interpretation of Rules Members hold themselves in honour bound to abide by the Rules of the Club as in force for the time being, and any special or temporary instructions laid down by the Committee or any Club official in respect of any particular event run by the Club.
17. Cautions, Fines, Suspensions or Expulsion 1. Subject to possible conflict with the current disciplinary procedures as set out in the Motorcycling NZ or other such representative body; In the event of a breach of any part of these Rules by a member, or of conduct on the part of a member rendering it desirable that the member be cautioned, fined, suspended, or expelled, a meeting of the Disciplinary Committee shall be convened to consider the alleged misconduct. The offending member shall receive notice of the date, time and venue of the meeting and of the allegations made. The member shall be entitled to attend such meeting with counsel and make representations on his / her / their behalf. The Disciplinary Committee may issue such caution, fine, or suspension as it considers fit, and may make a recommendations for the expulsion to a General Meeting of the Club. 2. A motion for expulsion must be carried by special resolution, and the offending member shall be given a right of reply before the vote is taken. 3. The Disciplinary Committee shall be comprised of a minimum of three Life and other members as appointed by the Committee.
18. Alteration of Rules 1. Any alteration, revision, deletion, or addition of these Rules must be made by special resolution carried at an Annual General Meeting or a general meeting called for this purpose. Twenty eight days notice of the date, time and venue of any such general meeting shall be given to members, and the notice must include wording of the notice or notices of motion to be presented to the meeting. No amendment to a notice of motion subsequent to its being advised to members may be made. Motions must be carried by a 2/3rd. Majority of members present at the meeting. 2. No voting by proxy shall be allowed regarding such alterations.
19. Matter Not Elsewhere Provided For Marlborough MotorCycle Club Rules 9 1. In the event of any matter arising which is not provided for in these rules or any matter relating to the proper interpretation of these rules. The same shall be determined by the Committee whose decision shall be conclusive and binding on all members. 2. Notice of any such decision so made shall be given to the next General Meeting and shall be voted on by full members.
20. Winding Up In the event of a voluntary winding up of the Club pursuant to Section 24 of the Incorporated Societies Act 1971, no members of the Club shall derive any pecuniary gain within the meaning of this contained in the "Incorporated Societies Act 1908" and in the event of the winding up of the Club by any means whatever the assets remaining after all legal claims have been satisfied shall be duly disposed of in such manner as the Club may prior to its dissolution determine either by grants to public charitable institutions within its district or be applied towards providing public recreation grounds for the holding of sports or games for the benefit of the public.