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CONSTITUTION
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WESTERN INSTITUTE OF TECHNOLOGY AT TARANAKI STUDENT ASSOCIATION
INCORPORATED
CONSTITUTION 2001
1 NAME
2 REGISTERED OFFICES
3 INTERPRETATION
4 OBJECTIVES
5 MEMBERSHIP
6 OFFICERS
7 CHAIRPERSON
8 THE PRESIDENT
9 THE VICE PRESIDENT
10 THE TREASURER
11 THE MANAGING SECRETARY
12 ELECTIONS
13 VOTING
14 MEETINGS
15 POWERS AND DUTIES OF THE COMMITTEE
16 AFFILIATED CLUBS
17 AFFILIATED BODIES
18 SUBSCRIPTIONS AND LEVIES
19 BORROWING POWERS
20 AUDITING
21 SEAL
22 LIQUIDATION
24 AMENDMENTS TO THE CONSTITUTION
1 NAME
The name of the Association shall be the "Western Institute of Technology at Taranaki Student
Association Incorporated
2 REGISTERED OFFICES
The registered offices of the Association shall be within the Western Institute of Technology at
Taranaki, Bell Street, New Plymouth.
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3 INTERPRETATION
Where any difference arises as to the interpretation of this constitution or any rule thereof the
ruling of the Associations' Lawyer shall be sought in writing by the committee, given in writing
by him, and acted upon by the Association including all it's officers and members.
In these rules unless a contrary intention appears:
3.1 "Association" means the Western Institute of Technology at Taranaki Student
Association Incorporated.
3.2 "Academic Year" means the calendar year commencing on the first day of January and
terminating on the last day of December in that year.
3.3 "Council" means the Council of the Western Institute of Technology at Taranaki.
3.4 "Committee" means the Committee of the Association.
3.5 "Executive" means the executive committee of the Association.
3.6 "Financial Year" means the year commencing on the first day of January and
terminating on the last day of December in that year.
3.7 "Institute" means the Western Institute of Technology at Taranaki.
3.8 "Member" means any person who is for the time being a member of the Association in
accordance with the constitution.
3.9 "Secretary" means the employed Managing Secretary.
3.10 "Student" means a person enrolled in a course conducted by the Western Institute of
Technology at Taranaki and who has paid the prescribed Student Association fee.
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4 OBJECTIVES
To promote and further the social, cultural, recreational and intellectual interests and general
welfare of all members of the Association.
4.1 To represent and act for members on all matters in which the members as individuals, or
a collective body are interested.
4.2 To liaise and work with the staff of the Institute to promote the welfare of the members
of the Association.
4.3 To provide and be concerned in the provision of the facilities and amenities which will
foster the social intellectual and sporting life of the Western Institute of Technology at
Taranaki and promote the health and physical welfare of the members of the
Association.
4.4 For the purposes of the Association to sell, purchase, lease, hire, take on lease or hire,
erect and otherwise acquire or grant any right, privilege, licence, interest or estate in or
over any real or personal property whatsoever.
4.5 To publish books, bulletins, papers and other printed matter of interest to members of
the Association, as the Committee deem fit.
4.6 To contribute towards and be associated with any charitable or other worthy object to
which the Committee may deem desirable.
4.7 To invest and reinvest in such securities and upon such terms as it shall think fit the
whole or any part of the funds of the Association which shall not be required for the
immediate use of the Association.
4.8 To join with any person, association, or corporation for the accomplishment of any of
the objectives of the Association and to affiliate with any national association of any
kind whatsoever having similar objectives to those of the Association.
4.9 To employ servants and agents for the purpose of and to do all such things as are or
may be incidental or conducive to any of the objectives of the Association.
4.10 To make from time to time regulations and by-laws concerning the use of the
Association's property and facilities and such other matters as the Association
Committee shall determine.
4.11 To keep and preserve all records likely to prove of value or historic interest to members.
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5 MEMBERSHIP
5.l All Students who enrol at the Institute shall be eligible for membership of the
Association, and upon payment of the membership fee shall become members of the
Association.
5.2 Termination
Membership may be terminated for the following:
5.2.1 Upon receiving written resignation of any Member after the said member has
fulfilled his/her obligations with regard to the payment of fees under sub clause
5.1 of this constitution.
5.2.2 Any Member not re enrolling as a Student at the Institute upon commencement
of any new academic year shall cease to be a Member.
5.2.3 Upon the resolution of the majority of the executive that a Member has been
guilty of behaviour deemed to be detrimental to the Association as provided for
in subclause 5.3 of this constitution.
5.3 Expulsion of a Member
In the event of the Association receiving a complaint that a Member has acted in a
manner prejudicial to, or so as to hinder the aims or objectives of the Association or
Institute, the Executive shall;
5.3.1 Hear the complaint at the first reasonable opportunity provided that there shall
be no less than five members of the Executive present at the meeting, two of
whom shall be elected officers of the Association.
5.3.2 Give the said Member no less than forty-eight hours written notice of time and
place fixed for the hearing of the complaint.
5.3.3 Give the said Member the opportunity to be heard in answer to the complaint,
and hear other evidence that the Executive in its absolute discretion may
consider relevant to the complaint or answer.
5.3.4 Give written notice to the said Member that in the event of non-attendance at the
meeting without reasonable excuse the Executive may consider the complaint in
his/her absence.
5.3.5 On completion of the hearing the Executive may dismiss the complaint or find
the complaint proved in which case it may strike the Member off the register of
Members of the Association with withdrawal of privileges for such a period not
exceeding the current year and forfeiture of Association fees.
5.3.6 In the event of the complaint being proved, the Executive shall notify the said
member and the Chief Executive of the Institute in writing of their decision,
which shall be final.
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6 OFFICERS
The Officers of the Association shall be President, Vice President, Treasurer and shall be elected
by the procedure set out in clause 12 of this constitution.
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7 CHAIRPERSON
7.1 The President shall chair all meetings of the Association and of the Executive. He/She
shall have both a casting and deliberative vote at all meetings.
7.2 When the President has advised of his absence from a validly called meeting then the
Vice President shall chair the meeting and if the Vice President is also absent the
Treasurer shall adopt the chair.
7.3 The Vice President or Treasurer when acting as chair shall have all the powers the
President would have had if he/she were not absent.
7.4 If all three Officers of the Association are absent a member of the committee shall be
elected by consensus vote of the committee present, to act as the chair with all the
powers of the President.
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8 THE PRESIDENT
The President shall be the official head of the Association, and as such represent the
Association on both a local and national level. Without in any way restricting the duties of the
President he shall further the aims of the Association and plan for the future.
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9 THE VICE PRESIDENT
The Vice President shall act as the nominee of the President when required to do so and act for
the President, when the President has advised of his absence from the Association due to
extenuating circumstances. When acting as the Presidents nominee the Vice President shall
exercise all those duties and privileges normally exercised by the President.
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10 THE TREASURER
The Treasurer shall be responsible for all financial matters of the Association and shall ensure
that an annual statement of accounts is prepared for presentation at the Annual General
Meeting.
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11 THE MANAGING SECRETARY
The Managing Secretary is an employee of the Association and does not carry any powers of
Office and/or voting rights. Without in any way purporting to limit the duties of the Managing
Secretary he/she shall
11.1 Promote the objectives of the Western Institute of Technology at Taranaki Student
Association Inc. in their dealings with Students and Staff of the Western Institute of
Technology at Taranaki.
11.2 Manage the Student Association Office.
11.3 Take the minutes of the Student Association meetings and send out the minutes to the
committee.
11.4 Be the guardian of the common seal.
11.5 Be a representative of the Association members.
11.6 Shall act by appointment of the committee as the Returning Officer.
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12 ELECTIONS
12.1 The Officers of the Association shall be elected at the Annual General Meeting or
Special General Meeting of the Association.
12.2 The outgoing Executive shall appoint a Returning Officer prior to the Annual General
Meeting.
12.3 No person accepting such an appointment or assisting the Returning Officer in the final
count of votes may nominate, second or stand as a candidate in that election.
12.4 All nominations for the positions to be filled shall be accepted by the Returning Officer.
12.5 Provided that the person nominated receives a 2/3 majority by a show of hands, and
only then, may the Returning Officer declare the person nominated duly appointed to
the position.
12.6 In the event of an Officers position remaining vacant the Returning Officer may call a
Special General Meeting as per sub clause 14.2 of this constitution.
12.7 Subject to sub clause 5.2 of this constitution, committee members shall hold their
offices or positions until they cease to be eligible for membership of the Association, or
resign, or die, whichever shall occur first.
12.8 The term of office shall be from Annual General Meeting to Annual General Meeting.
12.9 Non elected Officer nominees who have unsuccessfully stood for election shall be
invited to join the committee by the Returning Officer before closure of the Annual
General Meeting.
12.10 The Committee may, at it's discretion, elect members to the Committee during the year.
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13 VOTING
13.1 Any student enrolled in a course at the Western Institute of Technology at Taranaki and
who is a member of the Association may vote in any election or at any Annual or
Special General Meeting of the Association unless the privileges are withdrawn under
clause 5 of this constitution. Any Officer of the Association may request proof of
membership as a condition of voting at any meeting.
13.2 Only members of the Committee of the Association may vote at a Committee meeting.
13.3 Voting at Committee meetings shall be in the first instances by voice. At the request of
any Member present, voting may be taken by a show of hands or by secret ballot with
scrutineers appointed by the meeting.
13.4 Proxy voting in any form is disallowed under this constitution.
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14 MEETINGS
14.1 Annual General Meetings
14.1.1 The Annual General Meeting of the Association shall be held as near to the first
month of the academic year of the Western Institute of Technology at
Taranaki as the Committee thinks practicable.
14.1.2 Notice and agenda of the Annual General Meeting shall be given on the Campus
noticeboards not later than 10 clear office days before the proposed
meeting.
14.1.3 At the Annual General Meeting the outgoing President or his\her nominee shall
submit a report and the Treasurer or his\her nominee shall present a
Balance Sheet and a Statement of duly audited Accounts.
14.1.4 The election of Officers of the Committee shall be carried out as per section 12
of this constitution.
14.1.5 The quorum at an Annual General Meeting shall be not less than 30 Members.
14.2 Special General Meetings
A Special General Meeting may be called at any time at the request of
The President of the Association
Fifteen Members of the Association or
The Returning Officer
A quorum of the Committee
and such requisition must be accompanied by a copy of any Notice of Motion to be
brought before the Meeting.
14.2.1 The Managing Secretary of the Association shall within seven days of receipt of
such notice of motion place it on the notice boards normally used by the
Association for exhibiting notice of Meetings. The date on which the
Meeting is to be held shall be specified in the notice so affixed to the
notice boards.
14.2.2 A Special General Meeting shall be held no less than seven days and no later
than 21 days from the placing of such notice on the notice boards.
14.2.3 The quorum at a Special General Meeting shall be no less than 30 Members.
14.2.4 Resolutions of the Special General Meeting shall be held on a majority of votes
as per clause 13 of this constitution.
14.3 Executive Committee Meetings
14.3.1 An Executive Committee shall consist of the President, Vice President,
Treasurer, Managing Secretary and three Members of the Association
Committee.
14.3.2 An Executive Meeting may be called by the Managing Secretary on receipt of a
complaint under sub clause 5.3 of the constitution and shall be held no
less than 14 days from receipt of the complaint and no more than 21
days.
14.3.3 Voting shall be by majority as per section 13 of this constitution.
14.3.4 The quorum of an Executive Committee shall be formed with three Association
Committee members and no less than two Executive Members.
14.4 Association Committee Meetings
14.4.1 The Association Committee shall meet whenever necessary and at least once
monthly during the Academic Year.
14.4.2 All Committee Members shall be responsible to the President and the Elected
Officers responsible to the Members in general.
14.4.3 Decisions of the Committee shall be upon a majority of votes. Each Committee
Member excluding the President/Chair shall have one vote, the Chairman
shall have the casting and deliberative vote.
14.4.4 A quorum of the Committee shall be two thirds of it's current Members.
14.4.5 A Member of the Committee shall be deemed to have ceased to hold his or her
office if he or she fails to attend three consecutive validly called meetings
without apology.
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15 POWERS AND DUTIES OF THE COMMITTEE
The Committee shall have the following powers, duties and functions:
15.1 To provide and be concerned in the provision of facilities and amenities for Members of
the Association.
15.2 The Committee shall have, and is hereby given, full and complete power and control of
all business, assets and activities of the Association, including the power to manage and
control such building or parts of buildings or other premises and areas, as delegated to
the Association by the Western Institute of Technology at Taranaki Council.
15.3 To edit and publish books, bulletins, papers and other printed matter of interest to
Members of the Association as the Committee may deem fit.
15.4 To raise funds for any or all of the following purposes:
15.4.1 To further any or all of the objects of the Association.
15.4.2 To aid or otherwise subscribe to any charities or organisations which may be
deemed by the Committee from time to time, as desirable of aid.
15.4.3 To arrange for the holding and conducting of activities and to make such charges
in respect thereof as the Committee deems fit.
15.4.4 To form Sub-Committees and to create and fill such special posts that deems
necessary to further the objectives of the Association and to determine
the terms of reference for Sub-Committees for special posts.
15.4.5 To join with any other persons, Associations, organisations or corporations to
accomplish any of the objects of the Association and to be associated
with any Association of any kind whatsoever having similar objectives.
15.4.6 For the purpose of the Association to purchase, sell, lease, hire, take on lease or
hire, rent and or otherwise acquire or grant any right, privilege, licence,
interests or estate in or over any real or personal property whatsoever.
15.4.7 To employ servants and agents for the purpose of doing all such things that may
be incidental or conducive to any of the objects of the Association and to
pay them as the Committee desires.
15.4.8 To make regulations and bylaws from time to time concerning facilities and
property of the Association.
15.4.9 To make policies and procedures for services run by the Association.
15.4.10 To be responsible to and follow the policies of the Association.
15.4.11 To send delegates to such gatherings or meetings as the Committee sees fit.
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16 AFFILIATED CLUBS
Any Association member wishing to form a club or affiliate a current club may apply for
affiliation to the Association. All applications must be accompanied with the rules of the
applicant body signed by seven members of the applicant body.
Every affiliated body shall:
16.1 Have it's membership open to all members of the Association, membership to the body
may be open to any such persons not being members of the Association if deemed fit
by the Association committee.
16.2 Have a President or Club Captain, a Secretary or Treasurer who together with any other
members the affiliated body may appoint and form the Committee of that club.
16.3 Hold its Annual General Meeting no later than the last day of March and shall notify the
Association Committee no later than five working days before such meeting or such
proposed meeting.
16.4 Keep proper books of account relating to the income, expenditure, assets and liabilities.
The Treasurer and/or any persons appointed by the Association shall at all times be
permitted and entitled to inspect the books, papers and accounts of any affiliated body.
Property supplied by the Association shall remain the property of the Association. All
cash and other money received by the affiliated body shall be banked at the next
available opportunity in an account in the name of the body at a bank to be approved by
the Association committee.
16.5 The Committee shall (not withstanding anything to the contrary contained in the
constitution of any affiliated body) be the only final and absolute authority for the
determination and construction of the constitution of such bodies and any decision of
the Committee thereon shall bind any such body and it's Members. The Committee
may dissolve any affiliation granted under this constitution provided that a Special
General Meeting duly convened for this purpose may disallow any such dissolution.
16.6 No affiliated body shall become bound to, or affiliated to, or in any other way connected
with any other body than the Association without the consent of the Committee. Such
consent may be given on any such terms or for any such period as the Committee may
deem fit and such consent may at any time be revoked or the terms thereof, or the
period thereof, altered or varied by the Committee.
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17 AFFILIATED BODIES
17.1 If another body wishes to affiliate with the Association, or the Association wishes to
affiliate with another body, the request must be accompanied with the constitution or
rules, and the goals and objectives of the body. The request/wish for affiliation must go
to the Committee for their recommendations.
17.2 The student body shall be informed of the Committees recommendations.
17.3 Written objections to the Committees recommendations will be received for a period of
up to 20 days from posting of notice.
17.4 Written objections shall be considered at the next meeting of the Committee when the
final decision shall be made.
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18 SUBSCRIPTIONS AND LEVIES
Annual subscription fees and any other levy/levies paid by members of the Association are to
be set by the Committee in consultation with the Polytechnic and shall be collected by the
Western Institute of Technology at Taranaki under the direction of the Council.
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19 BORROWING POWERS
The Association shall have the power to borrow or raise such sums of money in such manner
and for such purposes as the Members in General Meeting may consider proper or expedient in
accomplishing the objects of the Association.
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20 AUDITING
An auditor who shall not be a member of the Association and shall be a qualified Accountant,
and a member of the New Zealand Society of Accountants will be employed by the committee
for the purpose of preparing an Annual Financial Statement of the Association accounts, for
submission to the Annual General Meeting and to the Registrar of Incorporated Societies.
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21 SEAL
21.1 Custody
The Common Seal of the Association shall be kept by the Managing Secretary in the
Association office and shall only be used under the authority of a resolution by the
elected officers.
21.2 Affixation
Every document and other instrument to which a Seal is affixed shall be signed by the
President and counter-signed by one other member of the Executive and the Managing
Secretary.
21.2 Alteration or Renewal
The seal may be altered or renewed only by resolution of a General Meeting of the
Association.
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22 LIQUIDATION
22.1 The dissolution of the Association may be started if a Special General Meeting is called
for that purpose and a resolution to that effect is carried by a 2/3 majority of those
present and entitled to vote.
22.2 Such resolution must be reafirmed by a two thirds majority of those Members present
and entitled to vote at a subsequent Special General Meeting called for that purpose.
This meeting is to be called no earlier than thirty days nor later than ninety days, after
the date of the first meeting resolving dissolution.
22.3 On confirmation of the resolution being passed at the second Special General Meeting
the members of the Society shall appoint one or more liquidators to wind up the affairs
of the society.
22.4 Upon such dissolution after the accounts have been settled, all property of the
Association, both real and personal shall vest in the Council to be held in trust for any
similar Association which may from time to time be formed for the benefit of students
as a whole of the Western Institute of Technology at Taranaki. In no case shall the
Association's property be distributed to all or any of its Members.
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24 AMENDMENTS TO THE CONSTITUTION
24.1 The constitution shall not be altered, added to or rescinded except by resolution at an
Annual or Special General Meeting carried by a two thirds majority of those Members
present and entitled to vote. Proof of Membership may be required prior to voting.
24.2 The notice of proposed amendments to the constitution must be given in writing to the
Managing Secretary 14 days before the Annual or Special General Meeting to which
such motion is to be submitted.
24.3 Minor or technical changes if required by the Registrar of Incorporated Societies may be
made without the need to re-submit to an Annual or Special General Meeting, provided
they in no way alter the intention, spirit or substantially effect the resolutions passed at
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