These rules were last reviewed and amended in 2018. Changes were ratified by members at the 2018 AGM
INTERPRETATION
In the interpretation of these rules the following terms shall have meaning hereinafter respectively assigning to them unless there is something in the context clearly repugnant to such meaning.
Association means the West Coast Settlement Reserves Lessees Association (Incorporated) incorporated under these rules.
Committee means the Committee for the time being of the West Coast Settlement Reserves Lessees Association Inc.
Executive Committee means the Executive Committee as appointed under these rules.
Lease means a leasehold interest in Settlement Reserve and lessee has the corresponding meaning.
Member means a member of the Association and includes a corporate body and a trust.
Settlement Reserve means the same as Settlement Reserve as defined in the Maori Reserve Land Act 1955, and for the purposes of these Rules and regulations includes any part of a Settlement Reserve as constituted under that Act.
Financial Year means the period from 1st April in one year to the 31st of March in the next year, or as may be determined from time to time by the Committee.
Words importing the singular shall include the plural and the plural the singular and the words importing the masculine shall include the feminine and words importing a person shall include a body corporate unless in either case the contrary is expressly provided or unless there is something in the context clearly repugnant thereto.
1. Name
The Association shall be called the 'West Coast Settlement Reserves Lessees Association (Inc)” and shall consist of all members who shall thereafter join the Association under these Rules.
2. Objects
The objects for which the Association is established are:
2.2 To promote or oppose bills legislative or other measures or by laws affecting the interests of members.
2.3 To promote and secure by any lawful means terms and conditions of leases which are just and fair to the lessees and the beneficial owners of the leasehold land.
2.4 To secure adequate representation for the Association on the Valuation Appeal Committee as constituted under the Maori Reserve Land Act, 1955.
2.5 To promote the purchase by lessee at the freehold of any Settlement Reserve held on lease by them.
2.6 To seek redress of wrongs from which all or any members may from time to time suffer, or make representations by way of petitions deputations or otherwise, or otherwise bring under the notice of the Government of New Zealand or interested persons or organisations or other constituted authority such matters as in the opinion of the Association require attention or alteration.
2.7 To use the funds of the Association as the Association may consider necessary or proper in the payment of the costs and expenses and furthering or carrying out the objects of the Association or any of them including the employment of counsel solicitors, accountants, agents. officers and servants as shall appear necessary or expedient.
2.8 To subscribe to become a member of and cooperate with any other society and to procure from and communicate to such society such information as may be likely to promote the objects of the Association.
2.9 To purchase, take on lease, or in exchange, on hire, or otherwise acquire any real or personal property and any rights or privileges which the Association shall think necessary or expedient for the purpose of attaining the objects of the Association or any of them or promoting the interests of the Association or its members and to sell, exchange, let on bail, or lease with or without option to purchase or in any manner dispose of any such property rights or privileges as aforesaid.
2.10 At the request of and with the consent of any member or group of members and with the consent of the Committee, secure legal advice and representation in respect of any action proceedings, valuation, Petition, representation, deputation or any other matter whatsoever which may affect, impinge upon, or be incidental to the property rights of any member or group of members in respect of his/her or their leases.
2.11 To do all such things as are incidental or conducive to the attainment of the above objects.
3. Membership
The Association shall consist of members each being a person(either as an individual, in a Partnership, Company and/or a trust or body corporate of any kind who as lessee or trustee holds a lease of a settlement reserve and shall include all persons, whether they be a partner, director, shareholder, trustee, beneficiary or authorized Agent of the lesseethat holds and continues to hold a lease of reserved land.
4. New Members
Any lessee on application to the Secretary and on payment of all levies made by the Association shall become a member of the Association provided that where an intending member has not been a lessee since the incorporation of the Association the Committee may levy such member such amount as it sees fit not greater than the cumulative outstanding levies made at the date of application.
5. Members Bound by Rules
All members shall be bound by these rules and any amendments and additions thereto.
6. Addresses and Notices
Members shall communicate their addresses (including email addresses))from time to time to the Secretary of the Association who shall register the same and all letters and notices delivered at or sent by post (or by email)to such address shall be treated as delivered, if no address be given, all letters and notices posted and addressed to the last known place of abode shall be sufficient.
Every member who sell their lease is to notify the Secretary of the Association and provide the Secretary with the new owners name and contact details.
7. Eligibility for Offices
A member who has joined the Association and who has paid the required levies shall be eligible for any office of the Association and competent to vote and enjoy all the privileges of membership.
8. Levies
8.2 Failure to pay – Any member failing to pay any levy within three (3) months from the date of the notice of the levy, may be struck off the register of members by resolution of the Committee.
9. Resignation of Members
Any member may resign from the Association by giving to the Secretary notice in writing to that effect and every such notice shall take effect from the day prior to the next Annual General Meeting.
10. Removal of Members
Any member who ceases to be a lessee of reserve land shall immediately on such cessation cease to be a member of the Association without releasing them from any antecedent liability to the Association.
11. Expulsion of Members
Notwithstanding the provisions of Clause 9 the Association may at any time by letter invite any member within a specified time to retire for breech by the member of these rules of the conduct prejudicial to the interest and objects of the Association and in default of withdrawal to submit the question of the member’s removal to a General Meeting to be held within three calendar months from the date of such letter and at such meeting the member whose expulsion is under consideration shall be allowed to offer an explanation verbally and/or in writing and if thereupon two thirds of the members present shall vote for the member’s removal the member shall forthwith without releasing the member from any antecedent liability to the Association cease to be a member provided that voting at any such meeting shall be by ballot if so demanded by not less than five (5) members.
12. Alteration ofRules
12.2 Every such notice shall set forth the purpose of the proposed alteration, addition, rescission of otheramendment.
12.3 Duplicate copies of ever such alteration shall forthwith be forwarded to the Registrar in accordance with the requirements of the Act.
13. Annual General Meeting
The annual General Meeting shall be held within eight months of the end of the financial year in every year at a date and a time and place to be fixed upon by the Chairperson or in the Chairperson’s absence or inability the Deputy Chairperson for the following purposes.
13.2 To fill the vacancies in the Committee and to appoint an auditor for the ensuing year.
13.3 To decide on any resolution, which may be duly submitted to the meeting.
14. Special General Meeting
The Chairperson or in the Chairperson’s absence or inability the Deputy Chairperson may at any time for any special purpose call a Special General Meeting and the Chairperson shall do so forthwith upon the requisition in writing of any ten (10) members stating the purpose for which the meeting is required.
15. Ordinary General Meeting
An ordinary General Meeting may be held from time to time as such time and place as the Chairperson or in the Chairperson’s absence or inability the Deputy Chairperson shall direct for the purposes of transaction the business of the society and deciding upon such resolution as shall be duly submitted to the meeting.
16. Notice of Business
Ten clear days before a Special General Meeting, fourteen clear days before the Annual General Meeting and seven clear days before any other General Meeting a notice there of and of the business to be transacted thereat together with a copy of the report and balance sheet in the case of the Annual General Meeting shall be sent to every member and not business other than that of which notice has been given shall be brought forward at such meeting.
17. Procedure at Meetings
17.2 Voting shall be by voices or by a show of hands but should any five (5) members request it, a ballot shall betaken.
17.3 At any meeting the ruling of the Chairperson on any matter of procedure or points of order shall be taken.
17.4 No member shall be entitled to vote at any General Meeting of the Association if that member’s levies are more than three (3) months in arrears.
18. Quorum
At all General meetings five (5) members shall constitute a quorum.
19. Election of Officers
At every Annual Meeting the Association shall elect a Chairperson and A Committee to be composed of no less than 5 and no more than 10 members.
19.2 The Committee shall, out of its own members, elect one person to be Deputy Chairperson.
20. Vacancies on Committee
The Committee shall have power to appoint a member to fill any casual vacancy on the Committee until the next Annual General Meeting and any member so appointed shall retire at the next Annual General Meeting together with the rest of the Committee, but all or any of the Committee shall be eligible for re-election.
21. Executive Committee
21.2 The Executive Committee shall, on the recommendation of the Committee, nominate the person so recommended to be the nominee of the Executive Committee of the Association on the Valuation Appeal Committee as constituted under section 70 of the Maori Reserves Land Act, 1955.
22. Duties of Committee
It shall be the duty of the Committee generally to conduct the affairs of the Association to keep usual and proper books of account properly posted up and other records of the business of the Association and to notify members of intended meetings and the business to be transacted thereat and to prepare and submit to the Annual General Meeting a report, balance sheet and statement of accounts for the preceding year. Meeting of the Committee may be convened by circular letter at such times and places as the Chairperson or in the case of the Chairperson’s absence, in ability or refusal to act, the Deputy Chairperson shall appoint and three shall be a quorum.
23. Appointment of Secretary
The Committee shall appoint a Secretary to the Association and shall have power to fix the Secretary’s remuneration from year to year. In the event of the Committee failing to make such an appointment or failing to fix the remuneration from year to year the Executive Committee shall make the appointment and fix the remuneration as the case may require.
Secretary remuneration is
24. Common Seal
The Common Seal of the Association shall be that appointed by the Committee who shall be responsible for the safe custody and control thereof.
25. Use of CommonSeal
Whenever the Common Seal of the Association is required to be affixed to any deed document writing or other instrument the seal shall be affixed pursuant to a resolution of the Committee or of the Association by the Chairperson or the Deputy Chairperson and the Secretary who shall be authorised to affix the Seal and the persons affixing the seal shall at the same time sign the document to which the seal is so affixed.
26. Control and use of Funds
All monies received by or on behalf of the Association shall forthwith be paid to the credit of the Association in an account with a Bank or Savings Bank from time to time to be fixed by the Association and all transactions will be approved in the first instance by both the Chair and Deputy Chair of the Association and a detailed summary of all transactions shall be reviewed and approved by the Committee at the next meeting or at least every 6 months.
27. Investment of Funds
The Association may from time to time invest and reinvest in Bank termdeposits orotherinvestment of like risk the whole or any part of its funds as it thinks fit which shall not be required for the immediate business of the Association.
28. Borrowing Powers
The Association shall in addition to other powers vested in it have the power to borrow or raise money from time to time by issue of debentures, bonds, mortgages or any other security founded or based on any or all of the property and/or rights of the Association or without any such security and upon such terms as to priority and otherwise as the Association shall think fit, but the powers of so borrowing or raising money shall not be exercised except pursuant to a resolution of the Association passed in General Meeting.
29. Disposition of Surplus Assets
In the event of the Association being wound up the surplus assets after payment of the Association’s liabilities and the expenses of the winding up shall be divided between the financial members pro rata according to the levies paid by them.
30. Distribution of Surplus Money
In the event of the Association holding money in excess of what the committee considers prudent the Committee may refund the said money to the financial members pro rata according to the levies paid by them.
31. Registered Office
31.2 Notice of every change of situation of the registered office shall be duly sent to the Registrar.
Last Update: AGM 2018