Constitution

RULES OF THE GREENDALE TENNIS CLUB INCORPORATED.

Name, Colours, Seal and Office

RULE

1. The name of the Club shall be Greendale Tennis Club Incorporated
2. The colours of the Club shall be maroon and white.
3. The Club shall have a Common Seal, which shall be in the custody of the Secretary, who shall affix it, in the presence of the Treasurer and one other member of the Committee, to such documents as the Committee may from time to time direct.
4. The Office of the Club shall be at Taradale, Hawkes Bay, and shall be located at the home of the Secretary elected to perform such duty.

OBJECTS

5. The objects of the Club shall be:

(a)    To promote the playing of the game of tennis or any other sport or pastime.
(b)    To agree to become a member of, or to amalgamate with, any other association or club or combination of clubs having objects similar in whole or in part to the objects of the Club.
(c)    To hold real and personal property for all or any of the purposes or objects of the Club.
(d)    To acquire by purchase, lease or otherwise, any lands, buildings, or property of any kind, real or personal.
(e)    To receive moneys and to expend them for the advancement of the game of tennis or any other sport or pastime and generally in pursuance of the objects of the Club.
(f)    To erect, remove, alter and maintain buildings and other improvements on property owned or used by the Club.
(g)    To employ such professional or other services as may, in the opinion of the Committee, be expedient to or necessary for the carrying out or execution of any of the objects of the Club.
(h)    To borrow and raise money, including the power to borrow money by way of overdraft or other continuing power, for the purposes of the Club, and to secure the repayment thereof by way of mortgage (with or without power of sale) or charge of all or any part of the real or personal property of the Club, or by debentures or bonds payable to bearer or otherwise, and either secured by mortgage in favour of trustees or otherwise.
(i)    To invest moneys, not immediately required for the purpose of the Club, upon such securities as may from time to time be determined by the Committee and open an account with a bank and maintain same.
(j)    To sell, let or otherwise dispose of the whole or any portion of the real or personal property of the Club not the time being required for the purposes or objects of the Club.
(k)    Generally to do all things whatsoever directly or indirectly incidental or ancillary to the objects of the Club.

MEMBERSHIP AND SUBSCRIPTION

6. The Club shall consist of those members who have been elected or who may from time to time be elected in accordance with Rule 7. The members shall be classified as follows: - senior members, junior members, life members and non-playing members.

(a)    Senior members shall be entitled to all privileges of the Club.
(b)    Junior members shall be entitled to all privileges of the Club and shall be such members as are school students on the official opening day of the Club for that season.
(c)    Life Members:- on the recommendation of the Committee a member of the Club may, in consideration of special services rendered to the Club, be elected a Life Member at any General Meeting of the Club, and shall thereafter be entitled to all privileges of membership without payment of the annual subscription or any special payment for such life membership. The approval of two-thirds of those present and voting at such election shall be necessary to constitute life membership.
(d)    A non-playing member is a person who has been a Club Member and wishes to relinquish his playing rights, and for a sum of 10% of current annual subscription shall retain membership rights.
(e)    Visiting Members:- Any person may, upon introduction by a member and with the prior consent of an officer of the Club or a member of the Committee, be permitted to use the Club's courts as a visitor on not more than four occasions in any one season upon payment of $5.00 on each occasion (or such other fee set by the Committee).
(f)    Any school pupil members are such members as, on the official opening day of play in the season in question, are pupils attending any school and, upon leaving school during the season, can transfer to senior status upon payment of the difference between junior subscription and senior subscription current at the time.
(g)    Family membership is based on a maximum of two adults from one family plus their junior members.

7. The Treasurer will submit all new applications for senior membership to the Committee. The election to membership of the Club shall be in the hands of the committee, three-fourths of whose votes shall qualify an applicant for admission as a member. On admission of new members a copy of the Club Booklet shall be forwarded to them which shall include advice that a copy of the Rules of the Club are available on request and the Treasurer shall forward to them an account for subscription. No member newly elected shall be entitled to participate in any of the privileges of the club before payment of the subscription for more than two playing sessions.

8. The annual subscription shall be as fixed at Annual General Meetings for –
Senior members
Husband and Wife
Family
Junior Members
Non-playing - to be 10% of senior membership
The Committee may, in its discretion, adjust the rate of subscription to be paid by any
member who joins more than one month after the commencement of the season.

9. The annual subscription shall be due and payable to the Treasurer by the 31st October in that year. Any member who fails to pay his subscription on or before the date herein provided shall, at the discretion of the Committee, be prohibited from playing on the club's grounds or from entering for any tournament held under the Rules of the New Zealand Lawn Tennis Association, or generally from enjoying any privileges as a member of the Club, until the subscription shall have been paid. Any newly-elected member who fails to pay his subscription within one month from the date of his election to membership shall, at the discretion of the Committee, have his name removed from the list of members. A member who signs the form of application for membership shall, upon the acceptance of such application as provided in Rule 7, and upon notice of such acceptance being posted to him, be held to have submitted himself to the Rules of the Club, and on that condition only is to enjoy the privileges of a member of the Club.

ELECTION AND DUTIES OF OFFICERS AND COMMITTEE

10. The officers of the Club shall be:- a President, Vice-Presidents, a Captain, a Secretary, a Treasurer, a Junior Co-ordinator, and a Coach.

11. The officers of Secretary and Treasurer to be held by separate persons. Neither office, however, shall be held by any person who is not a member of the Club.

12. The President, or in his absence a Vice-President, shall preside at all Annual General Meetings and Special General Meetings of the Club.

13. The officers of the Club and an Auditor shall be elected yearly at the Annual General Meeting of the Club, as provided in Rule 20, and shall not enter upon their offices until the termination of such meeting.

14. The management of the club's affairs shall be controlled by a Committee consisting of the officers of the Club and up to six other members, who shall be elected yearly at the Annual General Meeting as provided in Rule 20. Further members may be co-opted at the discretion of the Committee. The Committee shall at its first meeting after the Annual General Meeting, elect a Chairman, who shall hold office until the next election of chairman as provided in this rule. The chairman of the Committee shall preside at all meetings of the Committee. In his absence, the chair shall be taken by a member elected by the members of the Committee present. The chairman shall, in all cases of equal voting, have a casting vote in addition to a deliberative vote.

15. The Secretary shall have the custody of the seal, title deeds and other documents of the Club. The Secretary shall advise the Treasurer of all resignations. The Secretary shall, when directed, issue notices of all Committee meetings and of General Meetings in the manner prescribed in Rule 21 and shall keep minutes of all Committee meetings and General Meetings. The Secretary shall keep records of all competitions conducted by the Club. The Secretary may receive such honorarium as the Committee shall from time to time decide.

16. The Treasurer shall receive all moneys due to the Club, and the Treasurers receipt shall be a sufficient discharge. The Treasurer shall open a banking account in the Club's name, and shall place all funds of the Club to the credit of that account. The Treasurer shall render and send out accounts for all moneys due to the Club. The Treasurer shall submit to the Committee for its approval all accounts payable by the Club, and all payments shall be made by cheques to be signed by the Secretary and the Treasurer or by such other members of the Committee as the Committee may from time to time determine. In the event of failure to pay any accounts and penalty for such failure to pay is incurred, any fines imposed on the Treasurer shall be payable by the Club. The Treasurer shall submit at each Annual General Meeting a duly audited statement of the income and expenditure for the year ending 31st May immediately preceding such Annual General Meeting, with a statement showing the assets and liabilities of the Club. The Treasurer shall keep a list of members of the Club. The Treasurer may receive such honorarium as the Committee shall from time to time decide.

17.  An auditor, who shall not be a member of the Committee, or hold any other office in connection with the Club, shall be elected at the Annual General Meeting of the Club each year. He shall audit the annual statement of accounts and balance sheet, together with all other accounts, and shall certify the same. He may receive such honorarium as the committee shall from time to time decide.

18. The Committee shall have full powers of management and control of the property and business of the Club, and in particular, but without limiting the general powers hereby conferred upon it, shall have the following powers and duties:-
(a)    To receive, control expend and invest the funds of the Club.
(b)    To make, alter and rescind By-laws (Vide Rule 28).
(c)    To borrow money and to secure the repayment thereof with or without interest by way of mortgage or otherwise.
(d)    In the corporate name of the Club to make and enter into any deed, contract or agreement, and to authorise, direct and empower the proper officers to affix the Seal of the Club to all deeds and documents required to be executed by the Club.
(e)    To appoint sub-committees and to delegate to such sub-committees any of the powers of the Committee.
(f)    To appoint delegates to the Hawkes Bay Tennis Association, the Taradale Sports Association, and any other bodies upon which the Club is entitled to be represented.
(g)    To fill any vacancy occurring among the officers or on the Committee during the year, by electing a member of the Club to occupy any such position until the next Annual General Meeting, except as provided in Rule 20.
(h)    To convene General Meetings of the Club.
Five members of the Committee shall form a quorum. Should any member of the Committee fail to attend three consecutive duly convened meetings of the Committee without leave, the Committee may declare his office vacant and may thereupon elect a member of the Club to hold such office pursuant to Rule 18(g); but this provision shall not apply to the President or any Vice-President.

19. The officers of the club and the members of the Committee shall be elected at the Annual General Meeting of the Club by a majority of the votes of those members of the Club who are present and who are entitled to vote as provided in Rule 22. Any financial member shall be eligible for election as officers and/or members of the Committee.

20. The officers and members of the committee shall hold office from the date of their election until the next Annual General Meeting unless expelled from office by the votes of two-thirds of those present and voting at a Special General Meeting called for the purpose, or if they cease to hold office in accordance with Rule 18, whereupon the members present at such Special General Meeting an entitled to vote shall elect other officers and/or Committee members.

GENERAL MEETINGS

21. The financial year of the Club shall end on 31st May in each year, and the Club shall hold an Annual General Meeting in the month of July or August following. A Special General Meeting shall be held whenever the Committee shall consider it necessary or expedient or upon receipt by the Secretary of a requisition, signed by no fewer than six members of the Club and stating the business to be considered at such meeting. The date for holding all Special General Meetings shall be fixed by the Committee within three weeks of requisition, and at least seven days' notice thereof shall be given to all members by the Secretary as provided in Rule 29. At all General Meetings ten members shall form a quorum.

VOTING

22. Any financial member shall be entitled to vote at any meeting of the Club. The Chairman of any General Meeting shall have a casting vote as well as a deliberative vote. Voting shall (except as provided in Rule 25) be by a show of hands or, on demand by any member present at such meeting, by ballot. No member shall vote by proxy.

RESIGNATION OF MEMBERS

23. Any member wishing to resign from membership of the Club may do so by giving written notice to the Secretary. Such member should be liable for any unpaid subscription as may be determined by the Committee.

PENAL

24. In the event of any member infringing any Rule or By-Law, the Committee may, at its discretion, suspend for such period as it thinks fit, or other wise deal with, such member.

EXPULSION OF MEMBERS

25. The Committee may cancel the membership of any member whose conduct is, in the opinion of the Committee, calculated to render such member's continued membership undesirable or likely to endanger or harm the character, good order or welfare of the Club; provided that such member (a) shall have been previously notified in writing of the charge or charges against him and shall have been given an opportunity to reply to the same, and (b) shall have the right of appeal to a General Meeting of the Club if, within fourteen days of being notified of such cancellation, he shall give notice in writing to the Secretary claiming a review of the Committee's decision, in which case such member shall be entitled to attend such General Meeting and to reply to the charge or charges but not to vote. The voting at such meeting shall be by ballot, and a vote of two-thirds of the members present and voting shall be required to endorse the Committee's cancellation of membership. In the event of the cancellation of membership, the name of such member shall be removed from the list of members of the Club, and he shall cease forthwith to be a member of the Club or to have any claim against the property of the Club.

ALTERATION OF RULES

26. No existing Rule shall be altered or repealed, nor shall any new Rule be added, without the consent of a majority of the members present and voting at an Annual General Meeting or a Special General Meeting called for such purpose. In all cases at least seven days' notice of such proposed alteration, repeal or addition shall be given in writing to each member by the Secretary. Notwithstanding the foregoing provisions, no alteration, addition or repealing of any Rules or By-Laws shall take place which may affect any tax exempt status of the Club with the Inland Revenue Department (i.e. the objects, personal benefit and winding up clauses).

BY - LAWS

27. The committee may from time to time make, alter or rescind By-Laws so long as they are in no way repugnant to the Rules of the Club. Such By-Laws shall be binding on every member of the Club until set aside by a majority of the votes of members present and voting at an Annual General Meeting or a Special General Meeting.

RULES OF THE GAME

28. The rules of the game of Tennis, as played by the Club, shall be those of the New Zealand Tennis Association Incorporated.

NOTICES

29. Notices required by these Rules to be given to members shall be deemed to have been properly and adequately given if sent through the ordinary course of local post and/or in the local newspaper not less than ten days prior to meeting and on one other occasion. All notices calling meetings shall state the business to be considered at such meetings.

MEMBERS NOT TO DERIVE PECUNIARY GAIN

30. No member, except as an officer in receipt of an honorarium, (which shall be at no more than open market rates) shall derive any pecuniary gain from the property or operation of the Club. "Pecuniary gain" does not, however, include the winning of trophies other than cash, and does not include prize money where such prize money is handled or paid to the Club.

DISPOSITION OF FUNDS

31. The income and property of the Club, from whatever source derived, shall be applied solely towards the promotion of the objects of the Club, and no portion of the funds shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise to members of the Club except by way of honoraria (which shall be at no more than open market rates) as provided in Rules 15, 16 and 17 and exception as provided in Rule 32.

DISSOLUTION

32. The Club may be wound up voluntarily if a General Meeting of its members passes a resolution requiring the Club to be wound up and the resolution is confirmed at a subsequent General Meeting called together for that purpose and held not earlier than thirty days after the date on which the resolution so to be confirmed was passed. Upon dissolution any accumulated funds remaining after assets have been sold and liabilities paid shall be directed to the governing body of tennis.

INTERPRETATION

33. In event of any question, not provided for in these Rules, arising, the decision of the Committee shall be final and binding.
Any reference in these Rules to the masculine gender shall be deemed also to include the feminine gender.
The Treasurer shall mean the Treasurer and/or Assistant Treasurer as may be appropriate.