The name of the Association shall be the Lake Hayes Estate Community Association (Incorporated).
2. REGISTERED OFFICE
The registered office of the Association shall be c/- B Smith, Sylvan Street, Lake Hayes Estate, Queenstown.
The Objectives of the Association are:
(a) To Promote and protect the interests and welfare of the citizens of the residential suburb of the Lake Hayes Estate (generally being the area bounded by and including Sylvan Street, Erskine Street, Hope Avenue, Rere Road, Onslow Road and Howards Drive and including any streets, places, avenues, roads and drives etc running off the above named Streets etc and also including any other areas that are deemed by the Committee to fall within the Association’s accepted boundaries) and to promote the means whereby their views can be ascertained, presented to the appropriate authorities and implemented.
(b) To encourage active participation of the Lake Hayes Estate Citizens in the affairs of their Community.
(c) To promote and engage in community activities that help and develop a community spirit in Lake Hayes Estate.
(d) To ensure that resource management and traffic control within Lake Hayes Estate respects the rights and reflects the interests of its citizens.
(e) To borrow, raise or secure any monies (whether by way of mortgage or otherwise) that the Association may deem necessary or advisable to facilitate any project or undertaking, and to invest, lend and deal with any funds that the Association may accumulate.
(f) To acquire by way of purchase, gift, lease or rental any real or personal property or buildings to further the purpose of the Society.
(g) To carry out, conduct and manage works, entertainments, fund raising schemes, charitable projects, poll and referenda, in the interest and for the benefit of the Society or the residents of Lake Hayes Estate.
(h) Any income, benefit, or advantage must be used to advance the charitable purposes of this Society.
(i) Pecuniary gain is not a purpose of the Society.
(a) The number of members of the Society is unlimited and any person who is a resident or ratepayer within Lake Hayes Estate and who is over the age of 18 years shall be eligible for membership and shall be admitted as members on payment of the subscription specified by the Committee.
(b) The Committee shall have the discretion to admit to membership any person who is not a resident or ratepayer of Lake Hayes Estate on fulfillment of the payment of the subscription specified by the Committee.
(c) Persons shall cease to be members of the Society:-
(i) if the member gives to the secretary notice in writing of his intention to resign.
(ii) If the Society in General Meeting resolves by a Majority of three quarters of those present and voting on the recommendation of the Committee that any member’s name be removed from the membership list for conduct inimical to the interests of the Society.
(d) Upon a person ceasing to be a member of the Society as aforesaid he shall immediately cease to hold any office in the Society or be entitled to any privileges of membership.
5. LIFE MEMBERSHIP:
The Association may, on the recommendation of the executive, in general meeting elect to honorary life membership of the Association, any person, who has rendered it exemplary service.
The Annual subscription shall be fixed at the Annual General Meeting and shall be payable to the Treasurer by such date as shall be determined by the Committee.
7. APPOINTMENT OF OFFICERS
(a) All financial members of the Society shall be eligible for any office of the Society.
(b) The officers of the Society shall be
(i) The Chairman
(ii) The Secretary/Treasurer
(iii) The committee which shall consist of five members (excluding the Chairman, Secretary / Treasurer).
(iv) The committee may co-opt additional members if necessary and may form any Sub-Committees as the Committee shall from time to time deem it expedient to appoint. Such sub-committees shall also have power to co-opt.
(c) The officers shall be elected either at the Annual General Meeting by show of hands or otherwise as deemed expedient and the officers aforesaid shall hold office for one (1) year until the next Annual General Meeting (unless such officers resign from office or cease to be members of the Society as provided in clause 4 (c) of these rules). Officers of the Society shall be eligible for re-election at successive Annual General Meetings.
(d) The Society may at each Annual General Meeting Appoint a Solicitor, an Auditor and such other officers as it deems expedient from time to time.
(e) In the event of a casual vacancy in any office of the Society, the Committee shall have the power to co-opt or appoint any financial member of the Society to fill such vacancy such co-option or appointment to be effective until the next Annual General Meeting, (subject to the provision of these rules).
(f) The Secretary shall be responsible for the keeping of minutes of all meetings of the Society and of the Committee and shall maintain the register of members.
8. COMMITTEE MEETINGS
a) The committee shall meet at such time and place and on such notice of meeting as the committee shall decide and shall have power and authority to do all things in the management and control of the Society as are not required by these rules or by law to be done in General Meeting. The quorum for Committee Meetings shall be a minimum of four of Committee members from time to time. In the event of an equality of votes on any matter what so ever the Chairman shall have a second or casting vote.
b) All meetings shall be presided over by the Chairman or in the absence of the Chairman by a Chairman nominated by the Committee Members present.
9. ALTERATION OF RULES
a) The rules of the Society, or any part of them, may be altered, added to, rescinded or substituted by resolution of the Annual General Meeting or Special General Meeting and shall become immediately effective. Notice of any motion to alter the rules shall be made in writing, twenty-one (21) clear days prior to the Annual General Meeting or Special General Meeting and shall indicate the rules affected and the nature of the proposed alteration.
b) No addition to or alteration of the nonprofit 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 one.
10. ANNUAL GENERAL MEETING
(a) The Society shall call an Annual General Meeting once in every calendar year to be held not later than three months after the expiry of the Society’s financial year, for the purpose of presenting accounts, annual reports, election of officers, and other business required by these rules to be done in Annual General Meeting.
(b) The business of the AGM shall be:-
i)To receive the annual report and statement of accounts.
ii) To present the proposed budget for the ensuring year
iii) To consider any general business
(c) The quorum for all Annual General Meetings shall be ten (10) financial members personally present.
11. SPECIAL GENERAL MEETING
a) Special General Meetings of members may be called by the President or by 3 members of the Committee or by 10 members or by resolution of a general meeting.
b) Notice of a Special General Meeting shall be in writing to the secretary 21 days before the date called for, and shall be signed by those calling the meeting.
c) The quorum for all Special Meeting shall be ten (10) financial members personally present.
12. NOTICE OF MEETINGS
Members shall receive at least fourteen days notice either by publication in a newspaper circulating in the District or circular of all General Meeting whether Annual General Meetings or Special General Meetings.
All financial members personally present shall be entitled to one vote at General Meetings, and voting shall be by show of hands except in the case of the election of officers provided for by rule 7 (c) or unless a secret ballot is demanded by at least three members. In the event of an equality of votes on any matter whatever, the Chairman shall have a second or casting vote.
The Society may from time to time by resolution in General Meeting make, amend or rescind regulations or by-laws for the conduct and management of the Society, provided that such by-laws and regulations shall not be inconsistent with these rules or with the law. The enforcement of any such regulations or by-laws shall be the responsibility of the committee.
a) The Association shall operate a bank account.
b) All accounts for payment must be approved by resolution of the Executive.
c) The Bank account of the Society shall be operated as to signature and endorsements of cheques, signature of withdrawal, receipts and all other matters by the Secretary/Treasurer and the Chairman on behalf of the Society.
d) The Executive will operate any other accounts as they see fit.
e) The financial year of the Association shall be from 1st January to 31st December in any given year.
f) The annual accounts shall be reviewed by an appropriately qualified person.
16. INVESTMENT OF FUNDS
The Committee may invest any moneys of the Society not required for immediate use in any investments approved by the Committee.
a) The Society is a charitable Organisation.
b) The control and investment of Society funds is the responsibility of the Chairperson, Treasurer, and Secretary acting on instructions from the committee.
c) No person or entity shall personally benefit from the financial transactions of the Society other than by way of the reimbursement of approved expenses to persons incurring expenses on behalf of the Society.
d) The Society shall ensure that any private pecuniary profit/gain to anyone involved within the Association is incidental to the pursuit of the Society’s charitable objects.
e) No member of the Society 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 income paid shall be reasonable and relative to that which would be paid in an arm’s length transaction (being the open market value). The provisions and effect of this clause and clause 16.(c) shall not be removed from this document and shall be included and implied into any document replacing this document.
f) An annual review of accounts will be conducted by an appropriately qualified person who can be appointed at the Annual General Meeting.
g) The Treasurer or Secretary will appropriately record all incoming and outgoing funds.
h) The Treasurer or Secretary will present a financial report at each Annual General meeting and at such other times as are determined by the Committee.
17. BORROWING POWERS
The Society shall have the power to borrow money from any Bank or other body, Institution or person with or without security whether by overdraft or mortgage or debentures or promissory note or otherwise at such rate of interest and on such terms and conditions as the Committee shall think fit and to give security over any property whether real or personal now or hereafter belonging to the Society for the repayment of such moneys and the interest thereon in such forms as the Committee shall think fit.
18. BORROWING POWERS:
The Society shall have the power to sell all or any of the assets of the Society either for cash or on such terms as the Committee shall approve and the proceeds from all such sale shall be applied towards the General purposes of the Society or otherwise in accordance with these rules.
19. WINDING UP:
a) The Society may be wound up voluntarily if the Society at a General Meeting of its members passes a resolution by a simple majority requiring the Society to be so wound up and the resolution is confirmed by a simple majority at a subsequent General Meeting called together for that purpose and held not earlier than thirty days after the date on which the resolution to be confirmed was passed.
b) If the Society is dissolved or liquidated for any reason, after payment of creditors and associated accounting and legal expenses, all surplus funds and other assets belonging to the group shall be transferred to a charitable Organisation, or an Organisation with similar aims and objectives within New Zealand