MASSEY AT WELLINGTON STUDENTS ASSOCIATION (INCORPORATED)

 CONSTITUTION

CONTENTS

  1. Name
  2. Office
  3. Objects
  4. Powers
  5. Membership
  6. Subscriptions
  7. Officers
  8. Executive
  9. Cessation of Executive Membership
  10. Vacancies on Executive
  11. Duties of the Officers
  12. Powers of the Executive
  13. Executive Meetings
  14. Proceedings at Meetings of the Executive
  15. Summer Committee
  16. General meetings
  17. Annual General Meetings
  18. Special General Meetings
  19. September General Meeting
  20. Minutes and Records
  21. Appointment of an Executive Officer and Staff
  22. Finance
  23. Auditors
  24. Affiliated Bodies
  25. Seal
  26. Amendments to the Constitution
  27. Winding Up

Schedule One: Electoral Regulations

Schedule Two: Standing Orders and Policies

 

1 NAME

The name of the incorporated society shall be the Massey at Wellington Students’ Association (Incorporated), hereinafter called the Association or MAWSA.

2 OFFICE

The registered office of the Association shall be at such a place as the Executive from time to time decides.

3 OBJECTS

The objects of the Massey at Wellington Students’ Association are:

  • To promote and advance the education interests of members of the Association
  • To provide, and be concerned in the provisions of, facilities and amenities which will foster the education of members of the Association.

4 POWERS

  • PROPERTY
  1. To purchase, sell, lease, hire, take a lease or hire, erect and otherwise acquire or grant any right, privilege, license, interest, or estate in or over any real or personal property whatsoever.
  1. To manage and control such buildings or parts of buildings or other premises and areas as are assigned to the Association by the Massey University Council.
  • PUBLISHING

To publish books, bulletins, papers and other printed matter of interest to members of the Association, whether it is in hardcopy form or electronic form.

  • CHARITABLE ASSISTANCE

To contribute towards or assist any charity or charitable purpose that is of interest to members of the Association.

  • FINANCIAL
  1. To invest any or all monies held by the Association which are not required for the immediate operation of the Association.
  1. To borrow money
  1. To accept donations
  1. To lend or advance money or give credit to any person, unincorporated body or corporation; to guarantee and give guarantees for the payment of money or the performance of contracts or obligations and otherwise assist any person, unincorporated body or corporation.
  1. To appoint trustees of all or any part of the funds or property of the Association, and to vest such funds or property in such trustees.

Provided that:

  1. a) Nothing expressed or implied in this Constitution shall permit the activities of the Association to be carried out for private pecuniary profit of any individual.
  1. b) Any person who is a member of the Association shall not be able to determine or materially influence in any way any income, benefit or advantage that they may receive as the result of employment, or of being an officer of the Association and any such persons shall not participate in any deliberations and proceedings by which such income, benefit or advantage is being determined, except for negotiations over contracts or agreements of employment, specifically rates of remuneration.
  • LEGAL
  1. To engage in, prosecute, defend and otherwise undertake any legal action or legal proceedings on behalf of the Association and any administrative bodies of the Association, any affiliated club or clubs, or members of the Association, and for that purpose to extend such sums and employ solicitors and counsel and other advisors.
  1. To enter into, seal, execute and perform deeds, documents, instruments, contracts, agreements, papers and writings.
  • AFFILIATION

To join with any other person, Association or Corporation for the accomplishment of any of the objects of the Association, and to affiliate with any national Association of any kind whatsoever having similar objects.

  • EMPLOYMENT

To employ staff, and to obtain and pay for professional and other advice and services.

  • REGULATIONS AND STANDING ORDERS

From time to time to make or rescind regulations and by-laws concerning the use of the Association’s property and facilities, or the conduct of its affairs and such other matters, provided such by-laws or regulations are not inconsistent with this Constitution.  Such regulations shall be ratified by the Executive at or by their third meeting of the year.

  • ENTERTAINMENT

To arrange for, hold, and conduct plays, concerts, carnivals, processions, dances, festivals, tournaments, conferences, entertainments, and other sporting, intellectual and social functions or events, in accordance with the Association’s objects.

  • LICENSES AND PERMITS

To apply for and acquire any licenses or permits, in accordance with the Association’s objects.

  • AFFIRMATIVE ACTION

To run Affirmative Action Programmes which recognise the problems that particularly women, Maori, Overseas and disabled students, trainees or employees of the Association face in filling their potential at Massey University Wellington.

  • INCIDENTAL

To do all such things as are incidental to or which will further or be conducive to the attainment of all or any of the foregoing objects.

  • POLICIES

From time to time to make any policy regarding any matter in relation to the general management of the Association and conduct of affairs.  Such policy statements shall be ratified at the next Annual General Meeting.

  • WELFARE

To promote the health, physical and mental welfare of the members of the Association.

  • REPRESENTATION

To provide an effective voice for all students both within and externally of Massey University Wellington.

  • CULTURAL

To support the Articles of the Treaty of Waitangi for the benefit of all students.

 

5          MEMBERSHIP

5.1       ELIGIBILITY

The following persons shall be eligible for membership of the Association:

  1. a) Every person who is enrolled at Massey University Wellington.
  1. b) Every Past-President or Executive Member of the Association (for the time being who is ineligible for membership of the Association) and has expressed an interest in the continued welfare of the Association. Such a person shall only be entitled to remain a member of the Association by annual resolution (achieved by a secret ballot) of all of the Student Executive.  Such members shall not be eligible to vote in any capacity, or hold any office within the Association.
  1. c) Any Full Time Permanent Massey University staff enrolled as students are not eligible for membership, and thus, cannot run for Executive positions or Executive Officer Positions such as President or Welfare Vice President and Education Vice President.

5.2       MEMBERSHIP ON AN ANNUAL BASIS

Membership of the Association shall be on an annual basis

  1. a) Persons so eligible shall be and become members of the Association for the current year on the date of the commencement of their course.
  1. b) Annual membership shall terminate four months after the completion date of the students’ last course.

5.3       CESSATION OF MEMBERSHIP

Any member shall cease to be a member and shall be disentitled to the privileges of membership in the following circumstances:

  1. a) When a member ceases to be enrolled as a student at Massey University Wellington.
  1. b) When a member resigns from the Association giving to the Executive Officer written notice to that effect.
  1. c) On death of the member.
  1. d) If a general meeting of members, after the member has been given a chance to be heard, determines that the member has been guilty of any conduct which, in the opinion of the meeting, is prejudicial to the interests of the Association.

5.4       CONSCIENTIOUS OBJECTION

  1. a) If the member or prospective member genuinely objects to joining or continuing their membership of the Association on the grounds of conscience or other deeply held personal conviction, then that member or prospective member may apply in writing to the Executive for an exemption.
  1. b) The Executive shall consider the application at its next meeting. The decision of the Executive after giving the member the opportunity to be heard shall be final.

6          SUBSCRIPTIONS

6.1       Prospective members are not required to pay an annual subscription fee to attain membership.

7          OFFICERS

7.1       The Officers of the Association shall be the President, Immediate Past-President, Welfare Vice President and Education Vice President(s), Executive Officer, and such other officers as from time to time are decided upon by the Executive.

7.2       The President shall be elected in accordance with Schedule One (Electoral Regulations) of this Constitution, and shall take office from the first of December in the same year.

7.3       The Welfare Vice President and Education Vice President shall be elected by the September General Meeting of the Association in accordance with Schedule One (Electoral Regulations) of this Constitution, and shall take office from the first of December in the same year.  The term of office shall be the calendar year subsequent to that in which the Presidential election is held.

7.4       An independent Executive Officer shall be appointed upon the recommendation of the President.

7.5       The position of the Secretary and Treasurer shall be held by the Executive Officer of the Massey Wellington Students’ Association unless an alternative person or persons are appointed by a resolution of the Executive carried by not less than a two thirds majority vote.

7.6       Except where prescribed in clauses 7.3, and 7.4 Officers of the Association shall be recommended to the Executive by the President.

8          EXECUTIVE

8.1       The Executive of the Association shall consist of the President, the Welfare Vice President and Education Vice President(s), members elected by the Student Representative Council and any person or persons appointed under paragraph 8.4.

8.2       Every member of the Executive shall be a member of the Association at the time of their election, except where a position is held by the Executive Officer pursuant to section 7.5.

8.3       All members of the Executive shall be elected by the Student Body, except:

  1. a) The President, who shall be elected in accordance with section 7.2.
  1. b) The Executive Officer, where that position is held by an individual pursuant to section 7.5.
  1. c) Those people co-opted by the Executive. The co-option of such people to the Executive shall be subject to confirmation by the Student Body at an AGM or SGM.
  1. d) Honorary Officers of the Association as per section 5.1c who are either co-opted or appointed by the Association.
  1. e) Persons elected or appointed to section 8.4.

8.4       In pursuance of an Affirmative Action Programme, the Executive may

request a particular group or groups to each nominate a representative to the Executive.

8.5       The annual election of members of the Executive pursuant to section 8.3 shall take place during the second academic term of every year, unless there is a resolution by the Student Body that such election shall take place at any other day.

8.6       The Executive shall take office on the first of December following elections, and hold office until the first of December the following year.

8.7       No act or proceeding of the Executive or of any committee thereof, or of any person acting as a member of the said Executive or of any committee, shall be invalidated in consequence of there being a vacancy in the said Executive or committee at the time of the act of proceeding, or of the subsequent discovery that there was some defect in the appointment or election of any person so acting, or that such person was incapable of being or had ceased to be such a member.

9          CESSATION OF EXECUTIVE MEMBERSHIP

9.1       If any Executive member is absent from three validly called Executive meetings, without first being granted leave by the Executive, the Executive member shall be deemed to have resigned.

9.2       Notwithstanding paragraph 9.1, the Executive may grant continuation of Executive membership if, at the Executive meeting immediately following the third absence, a two thirds majority vote of Executives resolves that the member’s absence was due to exceptional circumstances.

9.3       The Executive or any member thereof, shall resign when called upon to do so by a majority vote at a Special General Meeting providing that proper notice of intention to move the motion of no confidence has been given.

9.4       Executive membership ceases in the event of the death of such a member.

10        VACANCIES ON EXECUTIVE

10.1     The office of President, President Elect, or either Vice President shall become vacant if the person holding such office:

  1. a) Dies
  1. b) Is the subject of a successful no confidence motion at a Special General Meeting, providing that proper notice of intention to move the motion of no confidence has been given. Proper notice of intention will be defined as providing all information and motions to the Executive Officer (Manager) fourteen days prior to the Special General Meeting. No additional information will be received on the day. The person holding Office is allowed access, via the Executive Officer, to formulate a reply to said information, following the process of Natural Justice.
  1. c) Resigns from office.

10.2     The office of President and two Welfare Vice President and Education Vice Presidents shall also be vacant for the purposes of these rules if the procedures specified in 7.2 and 7.3 respectively do not result in persons holding the office of President and two Welfare Vice President and Education Vice Presidents.

10.3     In the event of the office of a Welfare Vice President and Education Vice President being vacant the Executive shall appoint from amongst its members a new Welfare Vice President and Education Vice President.

10.4     In the event of the office of President becoming vacant, the President Elect shall become Acting President for the remainder of the year

  1. a) In the event of the office of President becoming vacant in the months of January through to the September General Meeting, an election in accordance with Schedule One (Electoral Regulations) of this Constitution must be held within six weeks of the vacancy to fill the position.
  1. b) If the vacancy occurs before the September General Meeting, the Welfare Vice President and Education Vice President shall become Acting President, assuming the duties and responsibilities of the President until a new President is elected.
  1. c) If the vacancy occurs before the September General Meeting and a new President is not elected, the Welfare Vice President and Education Vice President shall remain Acting President until the end of the year. A President for the following year shall be elected as per normal in accordance with Schedule One (Electoral Regulations).
  1. d) Where a President Elect exists, they shall be appointed Acting President until such time as they take up office pursuant to section 7.2.

10.5     In the event of the office of Executive Officer being vacant, where that office was held by an appointed staff member, the Executive shall appoint another staff member to the office of Executive Officer, be it an existing staff member, or a replacement staff member.

10.6     In the event of either of the offices of Welfare Vice President and Education Vice President becoming vacant, the President shall recommend to the Executive a replacement from among its members

10.7     In the event of the office of Secretary, Treasurer or Executive Officer being vacant, where that position was held by an Executive member, the Executive shall appoint either a new Executive Officer pursuant to section 7.5, or a new officer from amongst the Executive.

10.8     In the event that the number of voting members of the Executive falls below the quorum, a further election of Executive members shall take place in accordance with sections 8.3 and 8.4.

10.9     In the event of the position of President Elect becoming vacant, other than by the incumbent elevation to the position of President, another election shall be called.  If this election is not held before the expiry of the current Presidential term, the Immediate Past President shall become Acting President until such election.  If there is no Immediate Past President, section 10.4 of this Constitution shall apply.

11        DUTIES OF THE OFFICERS

11.1     PRESIDENT

It shall be the duty of the President:

  1. a) To obey all such lawful instructions, and to do and perform all such lawful things and acts as may be given or required to be done by a General Meeting of the Association, or by the Executive, or by this Constitution.
  1. b) To supervise the business and affairs of the Association.
  1. c) To attend and chair all meetings of the Association and Executive.
  1. d) To call any meetings – General or Executive – to discuss any matter considered necessary.
  1. e) To, after consultation with the Welfare Vice President and Education Vice Presidents, delegate authority to members and staff of the Association to attend meetings and to speak and vote on behalf of the Association both within and externally of the University.
  1. f) To follow, observe and obey the terms and conditions of the Presidential Position Description, and the Presidential Contract of Employment.
  1. g) To do and perform such other lawful duties as may usually pertain to the office of President.

11.2     WELFARE VICE PRESIDENT AND EDUCATION VICE PRESIDENT

  1. a) General – To assist and support the President in carrying out the duties pertaining to their office.
  1. b) The Vice President until Semester two, 2007 and Education Vice President thereafter – in the absence, incapacity, inability or unwillingness of the President, to act, to have and to exercise all the powers and to perform all the duties of the President.

11.3     EXECUTIVE OFFICER

  1. a) To have custody of the books of account and charge of the funds of the Association.
  1. b) To prepare immediately prior to the Annual General Meeting of the Association, a balance sheet and statement of Income and Expenditure for the preceding twelve months ending on the 31 December, and to present such documents to that meeting duly audited in accordance with section 23 of this Constitution.
  1. c) To see that all statutory and other requirements with reference to the financial matters of the Association are complied with.
  1. d) To ensure the provisions of these rules that apply to such matters are carried out so far as lies in their power.
  1. e) To give notices of Executive and General Meetings.
  1. f) To keep minutes and records of all Executive and General Meetings.
  1. g) To keep and preserve all records likely to prove of value or historic interest.
  1. h) To perform such other duties as the Executive may determine and as are normally incidental to the office of Executive Officer.

11.4     IMMEDIATE PAST PRESIDENT

  1. a) To assist and counsel the President Elect in the roles and responsibilities of the office of President.

11.5     HONORARY OFFICERS

It shall be the duty of Honorary Officers:

  1. a) To act in an advisory capacity to the President and other Executive members.

11.6     PRESIDENT ELECT

It shall be the duty of the President Elect:

  1. a) During the months of October to December, to undertake such training and attend such meetings to enable them to effectively fulfill the responsibilities of the Office of President when they uplift the role on December of that year.

12        POWERS OF THE EXECUTIVE

12.1     The Executive shall have and is given full and complete authority over and control of all governance business and activities of the Association.

12.2     The Executive may exercise all or any of the powers of the Association as specified in section four of this Constitution.

12.3     The Executive may exercise such other powers as are conferred upon it by this Constitution.

12.4     The Executive shall appoint the Association’s representative(s) to the Massey University Wellington Council, on behalf of the Massey at Wellington Students Association.

12.5     The Executive shall have the power to set up such sub-committees consisting of members of the Association who shall be responsible to the Executive.  The Executive shall have the power to delegate any or all of its powers to such sub-committees.

12.6     The Executive may elect portfolio holders and fill vacancies on the Executive and other committees such as are not covered elsewhere in this Constitution.

12.7     The Executive may delegate any or all of its responsibilities and powers to any sub-committee or individual on any terms it sees fit. This power is constrained to the degree that any duly constituted Executive may revoke any such delegation.

13        EXECUTIVE MEETINGS

13.1     The Executive shall meet whenever necessary at a convenient time and place that it shall appoint, and at least monthly during the academic year.

13.2     The President may from time to time convene a meeting of the Executive at a convenient time and place.

13.3     The Executive Officer shall, at the request of any two members of the Executive, call a meeting by giving five clear business days notice to each Executive member.

13.4     Notice of each meeting of the Executive shall be conveyed by the Secretary to all members thereof.  It shall be sufficient notice if the Secretary places, two business days (or in the case of a meeting under paragraph 13.3, five business days) prior to the proposed meeting, a written notice on the Executive notice board.

14        PROCEEDINGS AT MEETINGS OF THE EXECUTIVE

14.1     It shall be the duty of the President to chair meetings of the Executive, or to nominate to the meeting a Chairperson, who may not necessarily be a member of the Association.

14.2     The President or the President’s nominee shall chair all Executive meetings, but the Chairperson may request another member of the Executive to take the chair temporarily as Acting Chairperson.

14.3     In the event of the President, or the President’s nominee, not being present within ten minutes of the scheduled start time of the meeting, a Welfare Vice President and Education Vice President shall chair the meeting.

14.4     In the event that both the Chairperson and the two Welfare Vice President and Education Vice Presidents not being present within ten minutes of the scheduled start time of the meeting, the meeting shall appoint one of their numbers to act as Chair of that meeting.

14.5     The Standing Orders, as specified in Schedule Two of the Constitution, shall apply to Executive meetings, but any such meeting may grant leave to waive this requirement.  When presiding at a meeting, the Chair shall have the following powers and duties:

  1. a) To keep order, conduct business, to put motions and to declare the result of voting.
  1. b) If a member of the Executive, to exercise a deliberative vote, and in the case of equality of voting, a casting vote also. If the Chair is not a member of the Executive then s/he shall not be entitled to cast a vote.  Non-members of the Executive, in the Chair, shall be able to move motions.
  1. c) By resolution of the meeting, on in the absence of a quorum, to adjourn a meeting or to declare a meeting closed.
  1. d) Generally to do and perform such other lawful things and acts as may be necessary or desirable to carry on the business of a meeting with order and regularity.
  1. e) To order a member of the Executive or other person to remove him/herself from the meeting for any set defined period.
  1. f) No business shall be transacted at an Executive meeting unless a quorum of the members thereof is present.
  1. g) A quorum at Executive meeting shall be at least five members of the Executive.
  1. h) Decisions of the Executive shall be upon two-thirds majority of votes. Each Executive member, excluding the chair, will have one vote.
  1. i) Where an appointed staff member of the Association holds the office of Executive Officer, the Executive Officer shall not have moving or voting rights at Executive meetings.
  1. j) Notwithstanding any of the powers in this section, the President shall have the right to rule that any question be put to a General Meeting either before or after the question has been put to the Executive.

15        SUMMER COMMITTEE

15.1     The Executive shall, at the first meeting in November, establish a Summer Committee to manage the affairs of the Association until the first meeting of the new Executive elected in the following year.

15.2     The Summer Committee shall compose of the President, Executive Officer, and all members of the Executive who nominate themselves to the Committee.

15.3     For the period of its existence, the Summer Committee shall act as, and have the powers of, the Executive.

15.4     The quorum for a meeting of the Summer Committee shall be four members.

16        GENERAL MEETINGS

16.1     General Meetings of the members of the Association shall be either Special General Meetings or The September General Meeting, or the Annual General Meeting.

16.2     The President or their nominee shall chair all General Meetings.

16.3     In the event of the President, or their nominee not being present within 10 minutes of the scheduled start of the meeting, then a Welfare Vice President and Education Vice Presidents shall chair the meeting.

16.4     In the event of the President, their nominee, or the two Welfare Vice President and Education Presidents not being present within ten minutes of the scheduled start of the meeting, the meeting shall appoint one of their number to Act as Chair of that meeting.

16.5     The Standing Orders as specified in Schedule Two of this Constitution shall apply to General Meetings.

16.6     When presiding at a meeting the Chair shall have the following powers and duties:

  1. a)         To keep order, conduct the business and decide all points of order.
  1. b)         If a member of the Association to exercise a deliberative vote and in the case of equality of voting and casting a vote also.  If the Chair is not a member of the Association then s/he shall not be entitled to cast a vote.  Non-members of the Association, in the Chair, shall be able to move motions
  1. c) To decide the order of business, to put motions and to declare the result of voting.
  1. d) By resolution of the meeting, or in the absence of a quorum, to adjourn a meeting or to declare a meeting closed.
  1. e) Generally to do and perform such other lawful things and Acts as may be necessary or desirable to carry on the business of a meeting with order and regularity.

16.7     No business shall be transacted at any General Meeting unless a quorum of the members thereof is present.

16.8     A quorum at General Meetings shall be at least twenty members of the Association.

16.9     Decisions of a General Meeting shall be upon a majority of votes.  Each member personally present excluding the Chair shall have one vote.

16.10   At any General Meeting a resolution put to the vote of the meeting shall be decided on the voices or show of hands unless a ballot is (before or on the declaration of the result of voices or show of hands) demanded by at least three members or the Chair.

16.11   Unless a ballot is so demanded, an entry in the minute book that a resolution has, on the voices or on a show of hands, been carried, carried unanimously, carried by a particular majority or lost, shall be conclusive evidence of the act without proof of the number or proportion of the votes recorded in favour or against that resolution.

16.12   If a ballot is duly demanded, it shall be taken in such a manner as the Chair directs, and the result of the ballot shall be deemed to be the resolution of the meeting of which the poll was demanded.

17     ANNUAL GENERAL MEETINGS

17.1     The Annual General Meeting of the Association shall be held before the thirtieth day of August each year, at such time and place as the Executive shall determine.

17.2     NOTICE OF ANNUAL GENERAL MEETINGS

  1. a) Ten business days notice of the Annual General Meeting shall be given to members.  It shall be sufficient notice under this paragraph if there is posted on the Association Notice Board a written notice of such meeting, the agenda and any notice of motion.
  1. b) All notices of Motion for the Annual General Meeting shall be in the hands of the Executive Officer no less than 14 days before the day of the Annual General Meeting.

17.3     At the Annual General Meeting the following reports shall be received and discussed:

  1. a) A report by the President, or Acting President, in office on the last day of the previous calendar year.
  1. b) A report (in terms of section 21.1e) II from the Executive Officer.
  1. c) A Balance Sheet and a Statement of Income and Expenditure for the preceding financial year from the Executive Officer, duly audited in terms of section 23 of this Constitution.

17.4     At the Annual General Meeting, the minutes of the previous September General Meeting, and any other General Meetings which have been held since the date of the last September General Meeting are to be approved.

17.5     Where a President was not elected at the previous September General Meeting or at an election held since, the President shall be elected at the Annual General Meeting in accordance with Schedule One (Electoral Regulations) of the Constitution.

17.6     The Chair at the commencement of the meeting shall not vacate the chair on the election of a new President, but shall continue to chair for the duration of the meeting.

17.7     The Annual General Meeting shall also consider and decide any other matter which may properly be brought before the meeting, including ratification of Regulations and Standing Orders as per section 4.8 of this Constitution.

18        SPECIAL GENERAL MEETINGS

18.1     A Special General Meeting of members shall be called by the Executive Officer on the written request of:

  1. a) The President
  1. b) Three Executive members, or
  1. c) Twenty members of the Association.

18.2     The requisition for a Special General Meeting shall be accompanied by a copy of the notice of motion to be brought before the meeting and set out the object of the meeting.

18.3     The requisition shall be lodged at the registered office of the Association.

18.4     The date of the Special General Meeting shall be no sooner than ten business days after the lodging of the notice required under paragraph 19.2.

18.5     The Executive Officer shall, within five business days of receipt of such notice of motion, place notice on the Association notice board.  Such notice shall state in general terms the reason for which the meeting is called.  It shall include brief details of the requisition and the text of the proposed motion, along with details of the time, date, and place the meeting is to be held.

18.6     Further notices of motion relating to the matter or a substantially similar matter to be brought before the meeting shall be received and placed on the agenda by the Executive Officer, provided they are lodged at the registered office of the Association three business days prior to the day of the proposed meeting.

18.7     Only the business specified in the notice provided under paragraphs 18.5 and 18.6 of this section shall be discussed at that particular Special General Meeting.

19        SEPTEMBER GENERAL MEETING

19.1    The September General Meeting of the Association shall be between the first and the thirtieth day of September each year, at such time and place as the Executive shall determine.

19.2     Ten days notice of the September General Meeting shall be given to members.  It shall be sufficient notice under this paragraph if there is posted on the Association Notice Board a written notice of such meeting, the agenda and any notices of motion.

19.3     All notices of Motion for the September General Meeting shall be in the hands of the Executive Officer no less than 14 days before the Date of the September General Meeting. Lesser notice may be acceptable at the discretion of the Chairperson.

19.4     At the September General Meeting the following reports shall be received, discussed and/or adopted.

  1. a) A report by the President.
  1. b) A set of interim financial reports for the year to the 31st of July.
  1. c) The proposed Expenditure Budget as recommended by the Executive for the next financial year.
  1. d) The proposed budget for the next financial year.

19.5     At the September General Meeting the minutes of the previous Annual General Meeting and any other General Meeting which may have been held since the last Annual General Meeting are to be approved.

19.6     The Returning Officer shall announce the name of that person elected to the Office of President for the following calendar year, and the name of that person elected to the office of Welfare Vice President and Education Vice President for the following calendar year.

19.7     The Chairperson at the commencement of the meeting shall not vacate the chair on the election of the incoming President but shall continue to chair for the remainder of the meeting.

19.8     The September General Meeting shall also consider any other matter which may properly be brought to the meeting including:

  1. a) General Business
  1. b) Ratification of, or changes to Policies, Regulations and Standing Orders made since the last Annual General Meeting.

20        MINUTES AND RECORDS

20.1     In respect of all meetings, the minute taker shall record in the appropriate minute book:

  1. a) The nature of such meeting.
  1. b) The date, time and place of such meeting.
  1. c) An indication of those members present and an indication as to the name of the member of the chair, and the fact of the confirmation of any minutes.
  1. d) The text of every motion and amendment which was duly moved and seconded thereat.
  1. e) A statement or note showing whether such motion or amendment was lost or carried and showing also the name of any member who has expressly desired that their dissent be recorded.
  1. f) The fact and details of any adjournment.
  1. g) The fact of the giving of any notice of motion.
  1. h) The receipt and discussion of any report, letter, or other document received, discussed or adopted thereat.
  1. i) All such other matters and things as are or may be usually conveniently or properly recorded in the minutes of any proceedings.

20.2     It shall be the duty of the Secretary to ensure that the minutes of any meetings are duly confirmed at the next succeeding meeting.

21        APPOINTMENT OF AN EXECUTIVE OFFICER AND STAFF

21.1     EMPLOYMENT OF AN EXECUTIVE OFFICER

  1. a) The Executive, on recommendation of the President shall appoint and employ an Executive Officer.
  1. b) In all dealings with staff, the Association shall follow the practices and procedures of a good employer. For the purposes of this clause ‘good employer’ is defined as in The State Sector Act 1988.
  1. c) The Executive Officer shall be responsible to the Executive via the President.
  1. d) The Executive Officer shall be responsible for all paid office staff, i.e., not for paid Executive members.
  1. e) It shall be the duty of the Executive Officer:
  1. I) To conduct the correspondence and affairs of the office and Association.
  1. II) To prepare immediately prior to the Annual General Meeting of the Association, and for consideration at such meeting, an annual report on the business and proceedings of the Association during the preceding twelve months. A copy of such report shall be provided to all members present at the meeting.

III)       To obey all such lawful instruction and to perform all such lawful things and acts as may be given or required to be done by a meeting of the Executive, or by this Constitution.

  1. IV) To do and perform all such lawful duties as may usually appertain to the office of Executive Officer.

21.2     EMPLOYMENT OF PAID STAFF

  1. a) The Executive Officer, in consultation with the President, shall appoint staff to any paid position established by the Association.
  1. b) All directives from the Executive to paid staff shall be directed through the President to the Executive Officer.
  1. c) The terms and conditions of employment for all positions, including that of the Executive Officer, shall be contained in a written agreement negotiated between the Association’s Employing Agent and the member of staff or their representative.

22        FINANCE

22.1     FINANCIAL POLICY

The Executive shall determine the financial policy of the Association.

22.2     ACCOUNTANT

The Executive may, in consultation with the Executive Officer responsible for finance, employ or engage the services of an accountant to assist in the financial affairs of the Association.

22.3     CONTROL OF FUNDS

  1. a) Income and property of the Association will be applied solely towards the objects of the Association.
  1. b) All money received on behalf of the Association shall forthwith be banked into a bank account in Wellington as shall from time to time be decided by the Executive.
  1. c) All cheques, promissory notes, drafts and other negotiable instruments and all receipts for money paid to the Association shall be signed, drawn, accepted, endorsed or otherwise executed as the case may be, in accordance with paragraph b) of this section.
  1. d) The authorised signatories for the Association will be the President, the Executive Officer, and up to two others appointed by the Executive. All instruments will be signed by the President and the Executive or, where this is not possible, by one of the aforementioned and one other authorised signatory.
  1. e) The Treasurer shall be responsible to the Executive for all expenditure incurred. No expenditure or loan or overdraft shall be incurred unless authorised in terms of paragraph 22.5b) of this section.
  1. f) During the academic year, the Treasurer shall present a monthly (or such lesser period as the Executive shall approve) report to the Executive detailing expenditure and income for the year to date compared with the budget.
  1. g) The Executive Officer responsible for finance shall present a list at least fortnightly during the academic year to the President, and Treasurer (and where appointed a special subcommittee of the Executive) for auditing. Such lists shall detail all transactions which have occurred since the last list was produced.

22.4     EXPENSES AND HONORARIA

  1. a) Elected or otherwise appointed officials of the Association attending meetings business of the Association shall be reimbursed for the cost of travel and accommodation and shall be paid such allowances for incidental as are determined from time to time by the Executive.
  1. b) The Executive may fix Honoraria for such elected or appointed officers as in their opinion is appropriate.

22.5     EXPENDITURE

  1. a) No member of the Association shall incur any expenditure on behalf of the Association unless it is authorised in accordance with sub paragraph b) of this section.
  1. b) Expenditure may be authorised by the budget or express resolution of the Executive or in accordance with the Association’s financial delegations policy. The Executive may also authorise the President to approve expenditure of amounts exceeding the financial delegations policy as they may decide from time to time.

22.6     BUDGET

  1. a) A draft budget for the following financial year shall be drawn up by the Treasurer by the end of October each year.
  1. b) This budget shall be finalised and approved by the current Executive by the end of November each year.

23        AUDITORS

23.1     The Executive, shall, prior to each Annual General Meeting, appoint an Auditor to act for the current financial year.

23.2     The Auditor shall audit the books and accounts of the Association at least once in each financial year prior to the Annual General Meeting of the Association and at other times as the Executive may require.

23.3     The Auditor shall be a member of the New Zealand Society of Accountants.

23.4     An Auditor shall be eligible for reappointment, but must not be a member of the Executive or staff of the Association

23.5     The Executive Officer shall afford the Auditor access to all books and papers of the Association and shall to the best of their ability, give them any information and assistance they require.

24        AFFILIATED BODIES

The Executive may accept, on any terms it sees fit, affiliation to the Association by any group or club of members.

25        SEAL

25.1     There shall be a seal of the Association which shall contain the words “Common Seal of The Massey at Wellington Students’ Association Incorporated”.

25.2     The Common seal shall be kept in the custody of the Secretary and shall not be affixed to any deed or other document except by the authority of a resolution of the Executive and in the presence of two members of the Executive who shall attest the fixing of the seal.

25.3     Any deed or other instrument duly sealed and purporting to be signed by two members of the Executive shall be deemed to be properly executed.

25.4     The seal may be altered or renewed by resolution of the Executive.

26        AMENDMENTS TO THE CONSTITUTION

26.1     The Constitution of the Association shall not be altered, added to, rescinded or otherwise amended except by a resolution passed at a General Meeting of the Association.

26.2     The notice of such General Meeting shall set forth in addition to the requirements of Section 16, the resolution proposed and the purport of the proposed alteration, addition, rescission or other amendment.

26.3     On the passing of a resolution to alter, add to, rescind or amend the Constitution, duplicate copies of the changes shall forthwith be delivered to the Registrar in accordance with the requirements of the Incorporated Societies Act 1908, or any such amendment thereof.

26.4     No amendment can be made to the Constitution of the Association which alters the charitable nature of the Association.

27        WINDING UP

The winding up of the Association shall be affected by, and pursuant to, the most recent amendment regarding Tertiary Students Associations Voluntary Membership under the Education Act 1989.

SCHEDULE ONE: ELECTORAL REGULATIONS

SCOPE OF THE REGULATIONS

These regulations shall apply where the Constitution requires an election to be held.

  1. RETURNING OFFICER

2.1       The Executive Officer shall act as the Returning Officer.

2.2       The Returning Officer shall appoint such assistants as they see fit.

2.3       No person accepting such an appointment may nominate, second or stand as a candidate in that election.

2.4       The Returning Officer shall be entrusted with the whole conduct of the election.

  1. POWERS AND DUTIES OF THE RETURNING OFFICER

3.1       The Returning Office shall generally do all things they consider necessary, expedient, or advisable for the proper conduct of the election.

3.2       Without derogating from the generality of the Returning Officer’s powers and duties, the Returning Officer shall:

  1. a) Where a ballot is required, provide sufficient ballot papers for the votes exercisable by the members of the Association.
  1. b) Exclude from voting all persons who do not appear to be duly authorised to vote.
  1. c) Provide for the peaceful nature and due secrecy of the ballot where one is required in such a manner as they deem fit.
  1. d) Direct and regulate the manner of voting and recording votes.
  1. e) Arrange for and superintend the counting of votes, and shall disallow votes not recorded in the specific manner or not sufficiently clear in their opinion.
  1. f) When a ballot is required, on the completion of the counting of votes, retain and securely keep all votes until the expiry of seven days, or until determination of any inquiry arising out of the election, and at the end of that time the Returning Officer shall take steps to effectively and entirely destroy the ballot papers.
  1. REGULATIONS

The Returning Officer shall comply with any regulations or by-laws not inconsistent with those Regulations made duly by the Executive or a General Meeting amplifying or specifying more particularly the Returning Officers powers and duties.

  1. ACTS OF THE RETURNING OFFICER

All acts and things done by the Returning Officer for any purpose in reasonably carrying out their duties shall be deemed to be done under the direction and authority of the Executive.

  1. EXPENSES OF THE RETURNING OFFICER

Any and all reasonable and necessary expenses incurred by the Returning Officer in carrying out their duties shall be reimbursed by the Executive.

  1. SUBSTITUTE RETURNING OFFICER

If, for any cause, the Executive Officer is unable to fulfill the duties of the Office at election, the Executive shall appoint a substitute who, for the purpose of that election, shall be deemed Returning Officer.

  1. ANNUAL ELECTION

8.1       The election for the position of President and Welfare Vice President and Education Vice President for the subsequent year shall be held in the week leading up to the September General Meeting.

8.2       The Returning Officer shall declare the results of the election at the September General Meeting.

  1. NOTICE OF ELECTION

9.1       The Returning Officer shall give at least twenty days notice of an election. Such notice shall set out a time, date and place where applications shall close. The time shall be at least ten days before the election. Such notice shall be posted on the Association Notice Board, and shall state the positions open to candidates, with such further details as the Returning Officer may deem fit.

9.2       As soon as possible and expedient after applications have closed, the Returning officer shall inform members of the names of all candidates and the positions they are standing for. The Returning Officer shall have discretion to supply to members such other information on the candidate as may be made available to them by the candidate.

9.3       Nominations for the position of President shall be open and advertised at least 21 days prior to closing.

  1. APPLICATIONS

10.1     All applications shall be in writing signed by the candidate and the person nominating them, stating the candidates full name, address, telephone number (if any), course of study, and the position for which the candidate wishes to stand.

10.2     Candidates shall complete, in full and truthfully, a statement detailing any convictions s/he has for crimes of dishonesty or violence. Candidates shall also state whether they have been found bankrupt by any New Zealand Court of Law.

10.3     A candidate may withdraw their nomination by written request to the Returning Officer any time up to 4.30pm on the next business day after applications close.

10.4     If, after applications close, there is only one candidate for any position, that candidate shall not be deemed to have been elected until a resolution to that effect has been passed at a General Meeting of the Association.

  1. CANDIDATES

11.1     A candidate shall be a member of the Association as per Section 5a) of this Constitution.

11.2     Effective from 2016 nominations for the president candidate will be open in the first week of Semester 2 for 1 week. Candidates will only be taken from the existing members of the student executive. In the event that no candidate(s) is/are nominated the Presidents role will be open for nominations at the same time and with the same eligibility criteria as the rest of the executive positions later in semester 2. In either case the voting on the position will occur during voting week and be open to members of the Association as per section 5a) of this constitution.

  1. BALLOT PAPERS

12.1     Ballot papers shall be in a form decided on from time to time by the Returning Officer. They shall be on paper or electronic.

12.2     Any ballot paper not adhering strictly to the instructions on the papers shall be examined by the Returning Officer. If in the opinion of the Returning Officer the ballot paper does not show a clear vote for the appropriate number of candidates, it shall be declared invalid.

  1. VOTING

 13.1     The Returning Papers shall ensure that all members of the Association shall be given the opportunity to vote.

  1. h) The Returning Officer shall ensure that information on candidates and the date, venue and hours of balloting and voter eligibility shall be published on authorised notice boards and in all publications in the month preceding the commencement of voting.

13.2     The election shall take place over a period of not less than three and no more than five working days.

13.3    Where a vote is being cast by paper votes, voting booths shall be open for at least two daytime hours, at all operational campuses.

13.4     Voting booths shall be open for at least two hours between the hours of 5pm and 8.30pm on at least two evenings on the Wallace Street campus.

13.5     During a secret ballot no person other than the Returning Officer and the scrutinisers shall be present during the counting of the votes.

13.6     The Returning Officer shall determine the eligibility of prospective voters. Unless specified by the Returning Officer, ballot papers will only be provided to members able to prove their membership of the Association.

13.7     The successful candidate shall be the candidate who polls the highest number of votes.   Where there is equality of voting a second ballot shall be called immediately and must be completed within a fortnight.

13.8     Ballot papers shall include information on candidates, a clear space to exercise a vote and room for student identification numbers.

13.9     ELECTRONIC VOTING

a) Where possible, the Returning Officer will send an email to all available student email addresses, advertising  elections and the website of the electronic voting system.

  1. b) Where votes have been cast using the Electronic Voting System, the Returning Officer will cause these to be tabulated by the Electronic Voting System used.
  1. c) The Electronic record of votes cast will be retained by the electronic voting system for one month or until the determination of any enquiry arising out of the election and at the end of that time, record of votes on the Electronic Voting System will be deleted.
  1. d) The Returning Officer shall, at their discretion, allow for the receipt of a special vote in the form of a paper ballot through the MAWSA office and that this provision shall be advertised on all election notices in all formats.
  1. APPEALS

14.1     If a dispute arises as to the election, the decision of the Returning Officer shall be final subject to any appeal decision under the provisions of this rule.

14.2     Any appeal against the conduct or result of the election shall be notified to the Executive through the President within 48 hours of the commencement of the result.

14.3     Any such appeal shall be in writing and shall state the grounds of appeal.

14.4     Any such appeal shall be accompanied by a deposit of fifty dollars ($50.00), or other such sum as shall be decided on by the Executive from time to time.

14.5     On receipt of an appeal, the President shall appoint on behalf of the Executive three disinterested people to act as arbitrators, who shall be given full powers for the purpose of investigating or enquiring into the causes of complaint.

14.6     The arbitrators shall appoint a time for hearing the appeal and all relevant evidence, and shall at the conclusion of the enquiry deliberate in private and shall decide either unanimously or by a majority whether the election was valid or not. They shall not declare an election invalid unless they decide the irregularity, failure or mistake affecting the result of the election.

14.7     If the election is held valid, then the deposit under part 14.4 of this rule shall be forfeited to the Association, unless the arbitrators recommend otherwise.

14.8     If the election is held invalid, a written notice to this effect shall be sent to the Executive who shall take immediate steps to hold a fresh election, and the deposit shall be refunded in full.  The manner, conduct, determination and effect of the fresh election shall be in such a way as decided by the Executive within the terms of these regulations.

14.9     The Arbitrators’ decision shall be final and there shall be no appeal from their decision.

  1. GENERAL

All matters relating to the conduct of an election or dealt with in the preceding regulations shall if arising over the election period be decided by the Returning Officer subject only to the approval provisions of these Regulations.

SCHEDULE TWO: STANDING ORDERS AND POLICIES

These standing orders shall apply in accordance with Sections 14.5 and 16.5 of this Constitution.

  1. THE CHAIR

1.1       The Chair shall be heard without interruption.

1.2       At any time during the meeting, any person may, at the request of the Chair, or any person for the time being in the Chair, take the Chair temporarily.

1.3       Should the Chair decide to actively take part in the debate, they shall leave the Chair and call upon another member to act as temporary Chair, before entering the debate.

1.4       When speaking, members shall address themselves to the Chair.

1.5       When two or more members desire to speak, the Chair shall decide the order of speaking.

1.6       At the discretion of the Chair, a time limit may be imposed on speakers.

  1. MOTIONS

2.1       When a motion has been moved and seconded, the question thereupon shall be proposed to the meeting by the Chair, and shall be open for discussion.

2.2       A motion not seconded shall not be further debated and shall be immediately dropped.

2.3       A motion from the Chair shall not need to be seconded.

2.4       After a motion has been accepted from the Chair it shall be deemed to be in the possession of the meeting and cannot be withdrawn without leave of the meeting. “Leave” or ‘Leave of the meeting” means leave granted by a two thirds majority of those present.

2.5       A motion which by leave of the meeting has been withdrawn may be made again during the same meeting.

2.6       A motion or amendment may not be proposed which is the same in substance as any question which, during the same meeting, has been resolved in the affirmative or negative.

2.7       A matter which has been resolved by the meeting may be recommitted or rescinded by a majority vote of the meeting.

2.8       A motion may be amended by the mover with the consent of the seconder.

  1. AMENDMENTS

3.1       Once a motion is open for discussion, any member may move an amendment provided such amendment does not directly negate the motion.

3.2       All amendments to a motion shall be seconded and no further amendments shall be accepted until the first amendment is disposed of

3.3       If an amendment is carried it shall become and be stated from the Chair as the substantive motion.

3.4       The mover of an original motion or an amendment shall have a right of reply before the original motion or amendment is put.

3.5       A motion shall be decided by voices unless the Chair or two members present request a show of hands or demand a ballot.

3.6       Where the motion is put and there is equality of voting, the Chair shall use the casting vote.

3.7       Each person shall speak only once to the motion, except for the mover who shall have the right of reply.

  1. PROCEDURAL MOTIONS

4.1       A debate on a particular matter may be interrupted owing to a procedural motion being proposed. The following rules shall apply to all procedural motions unless specifically excluded.

  1. a) A seconder shall be required.
  1. b) A motion shall not be moved or seconded by the mover or the seconder of the principal motion or amendment.
  1. c) Discussion shall not be allowed.
  1. d) Amendment shall not be allowed.
  1. e) A motion shall only be moved at the conclusion of a speech.
  1. f) There shall be no right of reply.
  1. g) The Chair may accept or reject the procedural motion.

4.2       Procedural Motions

  1. a) ‘That the motion now be put’:  This may be applied to an amendment as well to a motion. It may be moved while another is speaking.
  1. b) ‘That the meeting proceed to the next business’:  If this motion is carried it terminates discussion on the principal motion for that meeting. Discussion on the principal motion is to be resumed if it is moved on an amendment and carried.
  1. c) ‘That the debate be adjourned’:  Adjournments may be to a definite date or indefinitely. Amendments to a time, date and place of the adjourned debate are the only amendments permissible. The mover has the right of reply and the right to re‑open the debate on its subsequent resumption. Although at first rejected, a motion to adjourn debate    may be moved again at a later stage of the discussion. The business to which the debate relates shall be placed on the agenda paper of the meeting to which it is adjourned. Adjourned business shall have priority of any other except formal business.
  1. d) ‘That the motion lie on the table’:  This motion may be moved on a motion or amendment. It may be discussed, and previous speakers may speak to it.  If it is moved and carried on an amendment, the original motion must also be on the table.  There shall be a subsequent motion either at the same or at a later meeting to take the question from the table.
  1. e) ‘That the speaker be no longer heard’:  This motion may be accepted or rejected at the Chair’s discretion. The motion may be moved while a person is speaking.
  1. f) ‘That the Chair’s ruling be dissented from’:  This motion shall be accepted by the Chair. After the motion has been moved and seconded, the Chair shall immediately vacate the Chair. Only the mover and seconder of the motion, and the previous Chair, shall speak to the motion, and in that order. After they have spoken, the motion shall be put to the vote             without further discussion. The Chair shall then resume the chair and accept the ruling of the meeting.
  1. POINTS OF ORDER AND INFORMATION

5.1       Points of Order

Any person at any time may address the Chair on a point of order (i.e. a breach of the Constitution or standing orders) but must at once state they are taking a point of order and must confine their observations to the point of order raised. A point of order should be taken immediately the breach of order occurs. A speaker called to the order should be given the opportunity to explain and the Chair may give others permission to speak briefly, but new matter must not be debated. The Chair’s ruling on a point of order is final and must not be discussed unless the dissent is moved.

5.2      Points of Clarification

By permission of the Chair and when no other person is speaking, a person who has already spoken may speak briefly and in personal explanation of their remarks or actions which may have been queried, but must state concisely the point they wish to explain and must keep to that point. They may not interrupt other speakers in order to explain nor may they employ additional arguments.

5.3                   Questions

Questions relating to the matter under discussion may be put to the Chair, or through the Chair to any member, but the Chair may disallow any question which they think should not be put. Speeches must not be interrupted for the purpose of asking questions.

  1. OTHER

6.1         QUORUM

  1. a)         No meeting shall open unless a quorum is present.
  1. b) A meeting shall adjourn immediately the lack of Quorum is disclosed.
  1. c) The Chair shall cause a Quorum count to be taken when called upon to do so by a member.

6.2       STANDING ORDERS

  1. a) Any standing order or part thereof may be suspended for the time being by resolution passed by not less than a two thirds majority.
  1. b) Any matter not provided for or not fully provided for in the standing orders or in the Constitution shall be determined by ruling from the Chair.

6.3       COMMITTEE OF THE WHOLE

At any time the meeting may resolve itself into a Committee of the Whole, and may exclude from the proceedings of the committee any person who has no moving or seconding rights at the meeting.  The meeting in Committee shall, after resolving itself out of Committee, report any decisions made in Committee to the open meeting, which shall adopt or reject any such report. The proceedings of the Committee of the Whole shall not be reported or recorded except by a resolution with a two-thirds majority, any such debate held in Committee shall remain confidential to the members of that Committee.