Updated January 2015
The name of the Society is New Zealand Classic Motor Cycle Racing Register Incorporated and in this Constitution it is termed 'The Register'.
The Registered Office of The Register shall be at the residence of the Secretary from time to time.
- To foster the preservation, restoration and use of Classic and Historic Road Racing Motorcycles.
- To hold and conduct competitions or motorcycle meetings or to arrange with any organisation for the inclusion of motorcycle events and competitions authorised by such organisation.
- To develop general public interest in and knowledge of Classic and Historic motorcycle sport and motorcycle engineering by diffusing information and by publishing or circulating magazines, articles, notices, papers and circulars for this purpose.
- To invest any moneys of The Register not required for immediate use in such Government securities or real securities or on Bank deposits as may be deemed safe and desirable by The Register with power from time to time to vary investments for others of a like nature.
- To affiliate with any Society Club or Association having similar objects or to join co-operate with or subscribe to the funds of any such Society Club or Association for the purpose of better attaining or otherwise furthering the objects and interests of The Register.
- Generally to purchase, take or lease or in exchange, hire or otherwise acquire any real and personal property and any rights or privileges which The Register may think necessary and convenient for the purpose of any of the aforesaid objects.
- To make any donation to any person object or institution for a purpose strictly in pursuance or in exercise of any of the foregoing objects or powers and not being in contravention of the Incorporated Societies Act 1908 and any successor legislation.
- To do all such other things as in the opinion of The Register may be incidental or conducive to the attainment of any of its objects or the exercise of any of its powers.
- Any person desiring to become a member of The Register shall apply on The Register’s form containing the name of the candidate with his/her occupation and address, duly signed by the applicant then handed, emailed or posted to the Secretary. Every membership application shall be accompanied by the current annual subscription. In the event of any application being declined the amount paid shall be refunded forthwith and the applicant advised of the decision.
- The Committee shall have the power to accept or refuse any application for membership.
- The Register in General Meeting may set different classes of membership (for example, Life – as defined in clause 4(d); Senior Membership – over 18 years of age; Junior Membership – 18 years and under; or Associate Membership – An associate of a Full member living at the same address). The different classes of member shall all have equal voting rights.
- LIFE MEMBERS
Any person who has rendered eminent service to The Register or Historic motorcycling generally in New Zealand may be elected a Life Member of The Register at any Annual General Meeting thereof provided that it shall be necessary that the proposal to elect such person as a Life Member of The Register to be carried by two thirds majority of the members present at such meeting Life Members shall be exempt from all fees subscriptions and levies for himself/herself and shall be entitled to the same privileges as any other Register member.
5 CESSATION OF MEMBERSHIP and DISCIPLINARY MATTERS
- A person’s membership shall automatically cease if their subscription is not fully paid within two calendar months of the subscription becoming due, or prior to the Annual general Meeting, whichever is the sooner.
The Committee shall refer a disciplinary matter to the Disciplinary Sub-Committee meeting if the Committee on its own initiative, or following receipt of a petition by five or more members of The Register, considers that:
- Any member of The Register has wilfully breached the Rules of The Register;
- Any member of The Register has engaged in conduct which brings discredit upon The Register or endangers the reputation, good order or welfare of The Register.
The penalties that the Disciplinary Sub-Committee may impose are:
- Expulsion from membership of The Register; or
- Suspension from the use and enjoyment of membership and the facilities of The Register for a period of up to six calendar months; and
- The imposition of a fine of up to $100; and
- A censure of the member
If any fine is not paid to The Register within fourteen days of the date on which it is imposed (being the date on which the Committee adopts the decision of the Disciplinary Sub- Committee to fine a member) then the member shall be automatically suspended from The Register until the fine is paid in full. The Disciplinary Sub-Committee shall notify the member involved in the alleged misconduct of the allegation or allegations made against that member, and shall give the member the opportunity to answer the allegation or allegations at a Disciplinary Sub-Committee meeting or in writing if the member prefers. The member shall be given at least 28 days notice in writing of that meeting.
The Disciplinary Sub-Committee shall conduct disciplinary proceedings in accordance with the principles of natural justice and fairness. Decisions of the Disciplinary Sub-Committee shall be by majority vote and shall be reported to the Committee for adoption by the Committee. A disciplinary decision shall take effect on the date on which it is adopted by the Committee. The Committee shall be responsible for taking any action required to implement the decision.
- The subscription for the next financial year shall be determined by the Committee not later than one month prior to the end of the current financial year. Members are to be advised of the subscription for the next financial year prior to the end of the current financial year. The Committee shall in determining the subscription take into account the current financial position of The Register in relation to any proposed expenditure.
- Subscriptions may be set according to the classes of membership.
- The subscription for new members shall be the current annual subscription reduced only by 50% if 6 months only remain in the current financial year. A new member is a person who has not previously been a member of The Register. Persons who were financial members in the previous year must pay the full subscription for the current financial year.
7 NEW CONSTITUTION AND ALTERATIONS OF CONSTITUTION
- The Constitution of The Register shall not be amended altered or rescinded except with the consent of a majority of the life and current financial members obtained through a postal ballot. A postal ballot includes voting partly or entirely conducted by email or Internet services.
- A ballot on constitutional changes may be called by either: (i) A resolution of the Committee. or (ii) A written requisition received by the Secretary signed by ten life or current financial members. Such requisition shall include the rule change proposed together with a brief explanation of the reasons the rule change is required.
- Upon receipt of a requisition under Rule 7(b) (ii) the Secretary shall bring the requisition to the attention of the President who shall convene a meeting of the Committee at the earliest time and in any case not more than fourteen days from the date of receipt of the requisition by the Secretary. At such meeting the Committee shall set the date by which voting materials are to be distributed to members and the date before which votes must be returned in hard copy or electronically.
- CONDUCT OF CONSTITUTIONAL CHANGE BALLOT
The Secretary shall distribute a ballot paper to each financial member and each life member, with the changes proposed and suc explanation/discussion material that the committee considers appropriate, and with provision for the member to indicate acceptance or rejection of each change. The distribution of ballot papers and the conduct of the ballot may be by post or by Internet, or by a mixture of the two, and must have a closing date not less than 14 days nor more than 28 days after the Secretary distributes the ballot paper.
- Posting or sending a ballot paper to the member at the postal or email address shown on the records of the Register shall constitute discharge of the Secretary's duty to that member in respect of that member’s right to vote.
- At the close of voting the Secretary shall cause the votes to be counted and shall submit the result of the ballot to the President. The President shall forthwith call a meeting of the Committee at which meeting the result of the ballot shall be entered in the minutes of the Register. The Committee shall then cause the result of the ballot to be communicated to all members by notice in the Register magazine or by such means as the Committee may determine. Ballot papers and relevant electronic records shall be retained by the Secretary for a period of not less than six months from the close of voting and shall be made available at all reasonable times for the inspection by any member.
- The Secretary shall register any duly approved alteration in the Constitution of the Register as required by any statutory provisions for the time being in force.
- The Committee shall have power to frame such by-laws and standing orders as may from time to time be deemed necessary provided that such by-laws and standing orders are not inconsistent with the Constitution and the Committee shall have full power from time to time to make alter or revoke such by-laws.
- The Committee shall have power to make Rules as to technical specifications of motorcycles eligible for competition events conducted by the Register, generally and also for specific competition events.
ANNUAL GENERAL MEETING
The Annual General Meeting of The Register shall be held in each year at such time and place as shall be fixed by the Committee. At least fourteen (14) days’ written notice of such Annual General Meeting shall be given to the members by the Secretary by circular posted or emailed to every member. This written notice shall clearly state the nature of the business proposed to be dealt with, the time, the date and the place of the meeting.
SPECIAL GENERAL MEETING
The Committee may at any time call a Special General Meeting of the members of The Register on giving fourteen (14) days’ notice by circular posted or emailed to every member. This written notice shall clearly state the nature of the business proposed to be dealt with, the time, the date and the place of the meeting. The Secretary must also in like manner forthwith call a Special General Meeting upon receiving the written requisition of not less than ten members of The Register. The requisition shall specify the subjects which shall alone be considered at the meeting.
Meetings of the Committee shall be held at such times and place as the Committee shall determine. The President or any other three members of the Committee may at any time convene an emergency meeting of the Committee. All members of the Committee shall be notified.
No business shall be transacted at any General Meeting unless fourteen (14) paid up members of The Register are personally present. If within half an hour from the time appointed for commencement of the meeting a quorum is not present the meeting, if a Special General Meeting, shall lapse without prejudice to the calling of another meeting for the same purpose; if an Annual General Meeting, it shall stand adjourned for one week at the same hour and place and thence from week to week until a quorum is present. The quorum for any meeting of the Committee shall be six (6).
The chairperson of any meeting whether a General Meeting or a meeting of the Committee may with the consent of the majority of members present order an adjournment from time to time.
METHOD OF VOTING
Except specifically otherwise provided in this Constitution every question submitted to any General Meeting or to any meeting of the Committee shall be decided in the first instance by a show of hands. The chairperson shall be entitled to a deliberative vote and in case of an equality of votes on any question exercise a casting vote. At any meeting, unless a poll is demanded by the chairperson or by at least three members present, a declaration by the chairperson of the meeting that a resolution has been carried or lost together with an entry in the minute book or book of proceedings shall be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution.
Business not specified in the notice calling an Annual General Meeting may be transacted by leave of the chairperson if not opposed by the majority of members present.
10 THE COMMITTEE
- The Committee is the governing body of The Register and shall consist of four (4) Officers and up to thirteen (13) Committee Members.
- The Officers shall be the President, the Vice-president, the Secretary, and the Treasurer. The President, if present, shall preside as chairperson at all Committee and General meetings, but in that person’s absence the members present shall elect a chairperson from amongst themselves to chair the meeting in question.
- The Officers and Committee of The Register shall be elected at each Annual General Meeting.
The Committee must form and maintain Sub-Committees for the purposes of pursuing the objectives and activities of The Register, and the Committee is solely responsible for appointment of members to the Sub-Committees
- The following Sub-Committees must be maintained in place by the Committee at all times: Race Sub- Committee, Technical Sub-Committee, Major Events Sub-Committee and Disciplinary Sub-Committee.
- The Committee may form and maintain other Sub-Committees from time to time.
- The numbers of members of each Sub-Committee may be set by the Committee from time to time provided that the membership of the Disciplinary Sub-Committee must always be no fewer than three (3).
- Each Sub-Committees shall report directly to the Committee and be comprised of Committee members, or Club Members, or a mixture of both.
11 POWERS OF THE COMMITTEE
The Committee shall have power:
- To fill any vacancy in their number during the year. Any member so appointed shall hold office until the next Annual Meeting.
- To conduct the day to day business of the Register including making all decisions as to investment and expenditure of Register funds, setting dates times and formats for Register events, and the appointment of voluntary and remunerated staff and contractors for Register purposes.
- To purchase lease or otherwise acquire any land property that may be necessary or convenient for the purpose of The Register and to hold manage demise let sell exchange mortgage improve therewith.
- To constitute conduct defend compromise refer to arbitration and abandon any legal or other proceedings by or against The Register or the Committee of The Register and otherwise relating to the affairs of The Register.
- To enter into all such negotiations contracts and agreements and rescind and vary execute and do all such acts deeds matters and things in the name and on behalf of The Register as they consider expedient for or in relation to any of the matter aforesaid or for the purposes of The Register and which are not by these Constitution or by statute expressly directed or required to be exercised or done by The Register in General Meeting.
- To borrow, arrange Bank overdraft facilities and generally to raise money. To secure payment of Register borrowings by mortgage or charge upon the whole or any part of The Register's property or assets provided however that the Committee shall have first been authorised to do so by a resolution passed by a two-thirds majority at an Annual General Meeting or Special General Meeting called for this purpose.
- To invest any moneys of The Register not required for immediate use in such Government Securities real property or Bank deposit as authorised by a two-thirds majority of the Committee in favour of the proposal.
The Committee shall cause minutes to be recorded permanently, both in respect of Committee meetings and Sub-Committee meetings, and in respect of General Meetings of the Register:
- Of all appointments of officers,
- Of the names of the members of the Committee present at any meetings of such Committee; and Sub-Committee.
- Of all resolutions and proceedings of any meetings of the Committee or Sub-Committee of The Register. The minute records must be available for inspection by any member at any Annual General Meeting.
The financial year of The Register shall end on the 31st May each year.
The Committee shall cause true accounts to be kept:
- Of all sums of money received and expended by The Register and the matters in respect of which such receipts and expenditure takes place.
- Of all assets and liabilities of The Register including all mortgages charges and securities of any description affecting the property of The Register.
All moneys received shall be banked in the name of The Register in such Bank as the Committee may from time to time direct. Payments shall be made only after accounts duly certified as correct have been passed and signed by the chairperson of the meeting and recorded in the minutes of that meeting. All payments shall be authorised and signed by the Secretary or Treasurer and one member of the Committee. The books of account shall be kept at such place as shall be determined by the Committee and shall be open to the inspection of the members at all reasonable times.
At the Annual General Meeting in each year the Committee shall produce a statement of the income and expenditure and a balance sheet containing a summary of the property and liabilities of The Register for the financial year preceding the meeting. Every such statement shall be supplemented by a report of the Committee as to the financail state and conditions of The Register.
The accounts of The Register shall be audited annually by one auditor to be appointed at the Annual General Meeting of The Register, such auditor to be a Member of the New Zealand Institute of Chartered Accountants.
15 COMMON SEAL
- The Register shall have a Common Seal.
- The Common Seal shall consist of the words 'The Common Seal of New Zealand Classic Motor Cycle Racing Register Incorporated'.
- The Common Seal shall remain in the custody of either the Secretary or the Solicitor for The Register.
- The Common Seal of The Register shall be affixed to any document or instrument required to be executed under Seal by The Register, and then only by the authority of a resolution of the Committee and in the presence of either the President, or Secretary and one other member of the Committee, who shall subscribe their respective signatures as attesting witnesses.
16 WINDING UP
In the event of the winding up of The Register the property and effects shall be disposed of and distributed to any incorporated society or registered charity having similar charitable aims as the aims and objectives of the Register and in such manner as may be decided upon by majority vote at a General Meeting of the members convened for that purpose. No disposition or distribution may be made to any person who is a member of the Register.
The Committee is the sole authority for the interpretation of this Constitution and of the by-laws made in pursuance thereof and the decision of the Committee upon any question of interpretation or upon any matter affecting The Register and not provided for by this Constitution or by the by-laws shall be binding upon the members.