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Club Rules

WAIHI TENNIS CLUB INC. RULES 2023

1.  THE NAME OF THE SOCIETY WILL BE – WAIHI TENNIS CLUB INCORPORATED (HEREIN THEREAFTER CALLED “THE TENNIS CLUB”).

2.  THE REGISTERED OFFICE OF THE TENNIS CLUB SHALL BE THE OFFICE OF THE SECRETARY.

3.  THE OBJECTS FOR WHICH THE TENNIS CLUB IS ESTABLISHED ARE:-

  (A)  TO ESTABLISH, MAINTAIN AND CONDUCT A CLUB TO PROMOTE THE GAME OF TENNIS.

  (B)  TO ENSURE THAT ALL SURPLUS FUNDS ARE INVESTED WISELY FOR THE BENEFIT OF THE TENNIS CLUB.

4.  THE EXECUTIVE COMMITTEE OF THE CLUB SHALL CONSIST OF:

  • PRESIDENT
  • SECRETARY
  • TREASURER
  • CLUB CAPTAIN
  • ONE OTHER MEMBER OF THE COMMITTEE

THEREBY CREATING A QUORUM OF 5 MEMBERS.

THE PRESIDENT, SECRETARY AND TREASURER SHALL BE THE 3 EXECUTIVE MEMBERS WHO ARE ENABLED TO MAKE  URGENT DECISIONS, AS DEEMED NECESSARY.

ALL MEETINGS, THAT IS THE AGM AND ANY COMMITTEE MEETINGS ARE TO HAVE A QUORUM OF 5.

ALL MEETINGS TO BE CONDUCTED BY AGENDA AND FORMAL MINUTES RECORDED.

5.  ONE GENERAL MEETING (AGM) TO BE HELD IN MAY EACH YEAR.  NOTICE TO BE GIVEN TO MEMBERS BY WAY OF EMAIL AND ONE POST ON SOCIAL MEDIA.

6.  A MINIMUM OF 3 COMMITTEE MEETINGS PER YEAR.

7. THE TREASURER IS TO PRODUCE A BUDGET EACH YEAR AND PREPARE AND FILE THE APPROPRIATE REPORTS TO THE GOVERNMENT OFFICE OF INCORPORATED SOCIETES – ANY CHANGE OF ADDRESS, ANNUAL FINANCIAL STATEMENTS, ANY CHANGE OF RULES ETC.

8. The Tennis Club shall appoint an accountant to review the annual financial statements of the Society (“the Reviewer”). The  Reviewer shall conduct an examination with the objective of providing a report that nothing has come to the Reviewer’s attention to cause the Reviewer to believe that the financial information is not presented in accordance with the Tennis Club’s accounting policies. The Reviewer must be a suitably qualified person, preferably a member of the New Zealand Institute of Chartered Accountants, and must not be a member of the Committee, or an employee of the Tennis Club. If the Tennis Club appoints a Reviewer who is unable to act for some reason, the Committee shall appoint another Reviewer as a replacement.

The Committee is responsible to provide the Reviewer with:

  1. Access to all information of which the Committee is aware that is relevant to the preparation of the financial statements such as records, documentation and other matters
  2. Additional information that the reviewer may request from the Committee for the purpose of the review; and
  3. Reasonable access to persons within the Society from whom the reviewer determines it necessary to obtain evidence.

9.  THE SECRETARY TO DOCUMENT MINUTES AND ATTEND TO POSTING NOTICES, UPDATING JOB DESCRIPTIONS OF THE COMMITTEE MEMBERS AND OTHER NORMAL DUTIES, INCLUDING CORRESPONDENCE.

10.  SUBSCRIPTIONS WILL BE SET AT THE AGM.

11. ADMISSION OF MEMBERS

  1. TO BECOME A MEMBER A PERSON MUST PAY THE RELEVANT SUBSCRIPTION AS SET BY THE COMMITTEE AT THE AGM AND SUPPLY ANY INFORMATION THE COMMITTEE REQUIRES (EG NAME AND CONTACT DETAILS).
  2. THE COMMITTEE SHALL HAVE COMPLETE DISCRETION AS TO WHETHER TO ACCEPT A MEMBER. IF A PERSON IS REFUSED MEMBERSHIP THEY WILL BE ADVISED AND THAT DECISION SHALL BE FINAL.
  3. ALL COMMITTEE MEMBERS MUST BE FULL MEMBERS OF THE TENNIS CLUB.

12. CESSATION OF MEMBERSHIP.

A MEMBER CAN CEASE TO BE A MEMBER IN TWO WAYS;

  1. IF THEY HAVE NOT PAID THE YEARLY SUBSCRIPTION BY THE REQUIRED DATE.
  2. If, for any reason whatsoever, the Committee is of the view that a Member is breaching the Rules or acting in a manner inconsistent with the purposes of the Society, the Committee may give written notice of this to the Member (“the Committee’s Notice”). The Committee’s Notice must:
  3. Explain how the Member is breaching the Rules or acting in a manner inconsistent with the purposes of the Society;
  4. State what the Member must do in order to remedy the situation; or state that the Member must write to the Committee giving reasons why the Committee should not terminate the Member’s Membership.
  5. State that if, within 14 days of the Member receiving the Committee’s Notice, the Committee is not satisfied, the Committee may in its absolute discretion immediately terminate the Member’s Membership.
  6. State that if the Committee terminates the Member’s Membership, the Member may appeal to the Society.
  7. Fourteen days after the Member received the Committee’s Notice, the Committee may in its absolute discretion by majority vote terminate the Member’s Membership by giving the Member written notice (“Termination Notice”), which takes immediate effect. The Termination Notice must state that the Member may appeal to the Society at the next Meeting by giving written notice to the Secretary (“Member’s Notice”) within 14 days of the Member’s receipt of the Termination Notice.
  8. If the Member gives the Member’s Notice to the Secretary, the Member will have the right to be fairly heard at a Society Meeting held within the following 28 days. If the Member chooses, the Member may provide the Secretary with a written explanation of the events as the Member sees them (“the Member’s Explanation”), and the Member may require the Secretary to give the Member’s Explanation to every other Member within 7 days of the Secretary receiving the Member’s Explanation. If the Member is not satisfied that the other Society Members have had sufficient time to consider the Member’s Explanation, the Member may defer his or her right to be heard until the following Society Meeting.
  9. When the Member is heard at a Society Meeting, the Society may question the Member and the Committee Members.
  10. The Society shall then by majority vote decide whether to let the termination stand, or whether to reinstate the Member. The Society’s decision will be final.

13.  HONARARIUMS, IF APPROPRIATE, TO BE SET FOR ANY OFFICER, AS DEEMED FIT, BY THE COMMITTEE, AT THE AGM EACH YEAR.

14.  THERE SHALL BE A COMMON SEAL OF THE CLUB CONSISTING OF A STAMP WITH THE WORDS “WAIHI TENNIS CLUB INCORPORATED COMMON SEAL”.  THE SEAL SHALL BE HELD IN THE CUSTODY OF THE SECRETARY AND SHALL BE AFFIXED ON ANY RESOLUTION OF THE CLUB’S COMMITTEE ALONG WITH 2 SIGNATURES FROM THE EXECUTIVE COMMITTEE WITH THEIR OFFICIAL DESIGNATIONS.

15.  CONTROL OF FUNDS.

ALL MONIES PAID TO THE CLUB SHALL BE PROMPTLY BANKED INTO THE CHOSEN BANK ACCOUNT OF THE CLUB.  ALL CHEQUES TO BE SIGNED BY 2 OF 3 SIGNATORIES RECORDED AT THE SAID BANK WITH PAYMENTS ABLE TO BE MADE ELECTRONICALLY BY ONLINE BANKING.

ALL NORMAL ACCOUNTS TO BE PAID AS SOON AS DUE, WITH THE EXCEPTION OF ANY PAYMENT OF $2000 OR OVER, WHICH IS TO BE REFERRED TO THE EXECUTIVE COMMITTEE FOR APPROVAL. CONFIRMATION CAN BE APPROVED BY EMAIL.

SIGNATORIES TO THE BANK ACCOUNT TO BE DETERMINED AT THE AGM.  IF A SIGNATORY LEAVES THE CLUB, A REPLACEMENT SIGNATORY CAN BE CONFIRMED AT A COMMITTEE MEETING.

A CHANGE OF BANKS, IF NECESSARY, TO BE CONFIRMED AT THE AGM.

16.  FINANCIAL YEAR

THE FINANCIAL YEAR OF THE CLUB SHALL BE FROM 1ST MAY TO 30TH APRIL EACH YEAR.

17.  THE RULES OF THE CLUB CAN BE CHANGED AT THE AGM.  A COPY OF THE RULES TO BE PLACED ON THE NOTICEBOARD OF THE CLUB.

18.  LIFE MEMBERSHIP MAY BE BESTOWED ON ANY MEMBER WHO HAS AFFORDED EMMINENT SERVICE TO THE CLUB BY NOMINATION OF A CURRENT FULL MEMBER, AND, CONFIRMATION BY THE COMMITTEE. THE NOMINATED MEMBER MUST HAVE BEEN A MEMBER OF THE TENNIS CLUB FOR AT LEAST 20 YEARS AND NOMINATION MUST BE BY WAY OF FORMAL LETTER, OR, EMAIL TO THE TENNIS CLUB.  LIFE MEMBERSHIPS CAN ONLY BE AFFORDED AT AN AGM.

19.  VOTING OF MOTIONS PRESENTED, ELECTION OF OFFICERS AND ALL OTHER MATTERS SHALL BE BY WAY OF A SHOW OF HANDS WITH MAJORITY VOTE BEING ACCEPTED.  THE PRESIDENT SHALL HAVE A CASTING VOTE, IF NECESSARY.

20.  ELECTION OF OFFICERS TO BE SELECTED AT THE AGM.

21.  THE CLUB’S COMMITTEE SHALL HAVE THE POWER TO FILL ANY POSITION FALLING VACANT DURING THE YEAR.  A MEMBER APPOINTED IN THIS WAY SHALL HOLD OFFICE UNTIL THE FOLLOWING AGM.

22.  CLOSED CLUB CHAMPIONSHIPS WILL BE RESTRICTED TO FULLY PAID MEMBERS OF THE TENNIS CLUB.

23.  TEAM TENNIS PLAYERS ARE REQUIRED TO BE FULLY PAID MEMBERS OF THE TENNIS CLUB.

24.  ANY INCOME, BENEFIT OR ADVANTAGE SHALL BE APPLIED TO THE OBJECTIVES OF THE ORGANISATION.  NO MEMBER OF THE ORGANISATION OR ANY PERSON ASSOCIATED WITH A MEMBER, SHALL PARTICIPATE IN OR MATERIALLY INFLUENCE ANY DECISION MADE BY THE ORGANISATION, IN RESPECT OF THE PAYMENT TO OR ON BEHALF OF THAT MEMBER OR ASSOCIATED PERSON OF ANY INCOME, BENEFIT, OR ADVANTAGE WHATSOEVER.  ANY SUCH INCOME SHALL BE REASONABLE AND RELATIVE TO THAT WHICH WOULD BE PAID IN AN ARMS LENGTH TRANSACTION (BEING OPEN MARKET VALUE).  AND THE PROVISIONS AND EFFECT OF THIS CLAUSE SHALL NOT BE REMOVED FROM THIS DOCUMENT AND SHALL BE INCLUDED AND IMPLIED INTO ANY DOCUMENT REPLACING THIS DOCUMENT.

25.  THE WINDING UP AND DISPOSITION OF PROPERTY.

IF THE SOCIETY IS WOUND UP:

(a)  THE SOCIETY’S DEBTS, COSTS AND LIABLILITIES SHALL BE PAID.

(b)  SURPLUS MONEY AND OTHER ASSETS OF THE SOCIETY MAY BE DISPOSED OF:

     (i)  BY RESOLUTION;

                        OR

     (ii) ACCORDING TO THE PROVISIONS IN THE INCORPORATED SOCIETIES ACT 1908; BUT

(c)   NO DISTRIBUTION MAY BE MADE TO ANY MEMBER;

(d) THE SURPLUS MONEY AND OTHER ASSETS SHALL BE GIVEN TO TENNIS NZ, WITH THE PROVISION THAT TENNIS NZ USES THE FUNDS SOLELY FOR THE PURPOSE OF JUNIOR DEVELOPMENT.IF TENNIS NZ NO LONGER EXISTS THEN FUNDS TO BE GIVEN TO AN ORGANASITION THAT PROMOTES JUNIOR TENNIS IN NEW ZEALAND.

26.  NO ADDITION TO OR ALTERATION OF THE AIMS, PERSONAL BENEFIT CLAUSE OR THE WINDING UP CLAUSE SHALL BE MADE WHICH AFFECT THE TAX EXEMPT STATUS. 

THE PROVISIONS AND EFFECT OF THIS CLAUSE SHALL NOT BE REMOVED FROM THIS DOCUMENT AND SHALL BE INCLUDED AND IMPLIED INTO ANY DOCUMENT REPLACING THIS DOCUMENT.

THESE RULES ARE TRUE AND CORRECT ACCORDING TO THE  COMMITTEE OF THE WAIHI TENNIS CLUB INCORPORATED,  HEREWITH SIGNED BELOW AND AFFIXED WITH THE COMMON SEAL.

DATE:     ………………………………

SIGNED:  …………………………….DESIGNATION: …………………………

SIGNED:  …………………………….DESIGNATION: …………………………

(IN ACCORDANCE WITH THE INCORPORATED SOCIETIES ACT 1908)