Club Rules
The link at the bottom of the page is to the current constitution. The text in each section below is not up to date, due to some technical issues being worked through.- 1. NAME
- 2. OBJECTS
- 3. POWERS
- 4. MEMBERSHIP
- 5. MEMBERSHIP APPLICATION NOMINATION AND INVITATION
- 6. CESSATION OF MEMBERSHIP
- 7. DISCIPLINARY RULES
- 8. THE MODE IN WHICH THE RULES OF THE CLUB MAY BE ALTERED: ADDED TO OR RESCINDED
- 9. MODE OF SUMMONING AND HOLDING GENERAL MEETINGS OF THE CLUB AND VOTING THEREAT
- 10. COMMITTEE MEMBERS OF THE CLUB: THEIR QUALIFICATION FOR OFFICE, APPOINTMENT AND REMOVAL
- 11. POWERS AND DUTIES OF THE EXECUTIVE COMMITTEE
- 12. BANK ACCOUNT
- 13. DUTIES OF COMMITTEE MEMBERS
- 14. THE USE AND CONTROL OF THE COMMON SEAL OF THE CLUB
- 15. ACCOUNTING RECORDS, FINANCIAL REPORTING, AND ANNUAL RETURNS
- 16. SUBSCRIPTIONS
- 17. DISSOLUTION AND DISPOSITION OF THE PROPERTY OF THE CLUB IN THE EVENT OF WINDING UP
- 18. MATTERS NOT PROVIDED FOR IN THESE RULES
- 19. VISITORS
- 20. INTERPRETATION
NAME
OBJECTS
The objects for which the Club is established are:- To promote and instil pride in Croatian identity and awareness (Hrvatstvo) in New Zealand by all legal means including promotion and cultivation of the teaching speaking and conservation of the Croatian language and the teaching of Croatian history, literature, drama, folklore, customs, music and culture.
- To promote in New Zealand by all reasonable means the good name of Croatia and things Croatian and where possible to ensure through knowledge a good understanding of them.
- To promote and foster friendship, co-operation and goodwill between all people of Croatian descent, their families, and the people living in New Zealand.
- To provide a focal point and establish and maintain meeting places for the Croatian Community in Wellington.
- To initiate, organise and promote social functions, entertainment, intellectual, sporting, educational and cultural activities for the benefit of the Club and its members.
- To hold regular gatherings at which matters of interest to the Club its members and members of the Croatian Community can be discussed.
- To help the old, poor and needy members of the Club.
- To assist Croatian immigrants who have arrived in New Zealand by providing them with community and social support.
POWERS
The powers the Club shall have in pursuing its objects shall include powers:- To raise funds or borrow money and accept the same by means of subscriptions, levies, donations, bequests, loans secured or unsecured, debentures and other fund-raising activities the Club or its members may arrange for the benefit of the Club, its members the Croatian Community and to further any of the other objects for which the Club is established.
- To purchase, take on lease, sublease rent, hire or otherwise acquire chattels and any land and/or buildings and to erect buildings, for the purposes of the Club either for use by or occupation by the Club or by way of investment and to sell, lease, sublease, rent, hire or otherwise dispose of upon any terms, the whole of, or any part of, such property and generally to manage the same.
- To give security for any borrowing by the Club over any of the Club's property.
- To invest and reinvest the money of the Club.
- Otherwise to do all things necessary and legal to attain any of the objects for which the Club is established.
MEMBERSHIP
Full membership is open to any person 18 years or over of any degree of Croatian origin or descent and any spouse of such a person who is a member of the Club. The membership status if a full member who is the spouse of a full member of Croatian origin or descent who dies is not changed by that death.
Full members may be admitted to life membership, as a mark of respect or honour or in recognition of service to the Club or to Croatia or the Croatian Community. Upon attaining the status of life membership, a member shall have no further liability to pay subscriptions.
Honorary membership is open to any person who does not qualify for full membership and who is invited to join the Club without liability for subscription in recognition of special services to the Club, Croatia, or the Croatian Community, or in recognition of standing in the wider community or being in some other way particularly worthy of merit or recognition by such honour.
Junior membership is open to any person under 18 years of age of any degree of Croatian origin or descent.
Associate membership is open to any person who does not qualify for full membership.
MEMBERSHIP APPLICATION NOMINATION AND INVITATION
CESSATION OF MEMBERSHIP
A member who resigns or whose membership is terminated under these Rules:
DISCIPLINARY RULES
- The Executive Committee has the obligation to enforce the Rules, bylaws and regulations of the Club and to maintain harmony good order and discipline in the Club. It has the power to caution, suspend or expel any member for misconduct, breach of the Rules, by laws or regulations of the Club, or for conduct against the interests and spirit of the Club and its objects. A suspension can be for such period of time as the Executive Committee considers appropriate or may be for an indefinite time and its end may be conditional the suspended member satisfying or complying with obligations under these rules or obligations that the Executive Committee and the suspended member may agree.
- Dispute Resolution ProceduresThe Incorporated Societies Act 2022 Section 39 requires the procedures in the Club’s rules relating to disputes to be consistent with the rules of natural justice. The following parts relate to the Incorporated Societies Act 2022.
- How complaint is made
- A member or a committee member may make a complaint by giving to the committee (or a complaints subcommittee) a notice in writing that—
- states that the member or a committee member is starting a procedure for resolving a dispute in accordance with the Club’s rules; and
- sets out the allegation to which the dispute relates and whom the allegation is against; and
- sets out any other information reasonably required by the Club.
- The Club may make a complaint involving an allegation against a member or a committee member by giving to the member or a committee member a notice in writing that—
- states that the Club is starting a procedure for resolving a dispute in accordance with the Club’s rules; and
- sets out the allegation to which the dispute relates.
- The information given under subclause (1)(b) or (2)(b) must be enough to ensure that a person against whom an allegation is made is fairly advised of the allegation concerning them, with sufficient details given to enable them to prepare a response.
- A complaint may be made in any other reasonable manner permitted by the Club’s rules.
- A member or a committee member may make a complaint by giving to the committee (or a complaints subcommittee) a notice in writing that—
- Person who makes complaint has right to be heard
- A member or a committee member who makes a complaint has a right to be heard before the complaint is resolved or any outcome is determined.
- If the Club makes a complaint—
- the Club has a right to be heard before the complaint is resolved or any outcome is determined; and
- a committee member may exercise that right on behalf of the Club.
- Without limiting the manner in which the member, a committee member, or Club may be given the right to be heard, they must be taken to have been given the right if—
- they have a reasonable opportunity to be heard in writing or at an oral hearing (if one is held); and
- an oral hearing is held if the decision maker considers that an oral hearing is needed to ensure an adequate hearing; and
- an oral hearing (if any) is held before the decision maker; and
- the member’s, committee member’s, or Club’s written statement or submissions (if any) are considered by the decision maker.
- Person who is subject of complaint has right to be heard
- This clause applies if a complaint involves an allegation that a member, committee member, or the Club (the respondent)—
- has engaged in misconduct; or
- has breached, or is likely to breach, a duty under the Club’s rules or bylaws or this Act; or
- has damaged the rights or interests of a member or the rights or interests of members generally.
- The respondent has a right to be heard before the complaint is resolved or any outcome is determined.
- If the respondent is the Club, a committee member may exercise the right on behalf of the Club.
- Without limiting the manner in which a respondent may be given a right to be heard, a respondent must be taken to have been given the right if—
- the respondent is fairly advised of all allegations concerning the respondent, with sufficient details and time given to enable the respondent to prepare a response; and
- the respondent has a reasonable opportunity to be heard in writing or at an oral hearing (if one is held); and
- an oral hearing is held if the decision maker considers that an oral hearing is needed to ensure an adequate hearing; and
- an oral hearing (if any) is held before the decision maker; and
- the respondent’s written statement or submissions (if any) are considered by the decision maker.
- This clause applies if a complaint involves an allegation that a member, committee member, or the Club (the respondent)—
- Investigating and determining dispute
- A Club must, as soon as is reasonably practicable after receiving or becoming aware of a complaint made in accordance with its rules, ensure that the dispute is investigated and determined.
- Disputes must be dealt with under the rules in a fair, efficient, and effective manner.
- The Club may decide not to proceed further with complaint
Despite clause 5, the Club may decide not to proceed further with a complaint if-- the complaint is trivial; or
- the complaint does not appear to disclose or involve any allegation of the following kind:
- that a member or a committee member has engaged in material misconduct:
- that a member, committee member, or the Club has materially breached, or is likely to materially breach, a duty under the Club’s rules or bylaws or this Act:
- that a member’s rights or interests or members’ rights or interests generally have been materially damaged:
- the complaint appears to be without foundation or there is no apparent evidence to support it; or
- the person who makes the complaint has an insignificant interest in the matter; or
- the conduct, incident, event, or issue giving rise to the complaint has already been investigated and dealt with under the rules; or
- there has been an undue delay in making the complaint.
- The Club may refer complaint
- The Club may refer a complaint to—
- a subcommittee or an external person to investigate and report; or
- a subcommittee, an arbitral tribunal, or an external person to investigate and make a decision.
- The Club may, with the consent of all parties to a complaint, refer the complaint to any type of consensual dispute resolution (for example, mediation, facilitation).
- The Club may refer a complaint to—
- Decision makers
A person may not act as a decision maker in relation to a complaint if 2 or more members of the committee or a complaints subcommittee consider that there are reasonable grounds to believe that the person may not be—- impartial; or
- able to consider the matter without a predetermined view.
- How complaint is made
- Any member who refuses or fails to attend any Executive Committee Meeting to which that member may have been required to attend to answer any charge of misconduct, breach of rules, bylaws or regulations of the Club, or any action against the spirit of the Club or its objects, may be suspended or expelled.
THE MODE IN WHICH THE RULES OF THE CLUB MAY BE ALTERED, ADDED TO OR RESCINDED
- The name of the Club and its objects may be changed at any annual or special meeting of the Club but notice of any proposed change must be lodged with the Secretary at least one calendar month before the date of such a meeting and such change(s) cannot be made except by a 90% majority of the financial full members and or life members present at a meeting called for the purpose; provided however any change in accordance with this clause shall not be valid until registered by the Registrar of Incorporated Societies in accordance with the Incorporated Societies Act 2022.
- The Rules of the Club (other than the name of objects thereof) may be added to, rescinded or amended at any annual or special meeting of the Club, but notice of any proposed change must be lodged with the Secretary at least one calendar month before the date of the meeting and no rule can be altered, added to, amended or rescinded (in accordance with this paragraph) except by a 75% majority of the financial full members and life members present at that meeting. Any change of rules in accordance with this paragraph shall not be valid until registered by the Registrar of Incorporated Societies in accordance with the Incorporated Societies Act 2022.
MODE OF SUMMONING AND HOLDING GENERAL MEETINGS OF THE CLUB AND VOTING THEREAT
The President or Vice President or the Secretary may call a special general meeting of the Club at any time for the transaction of any business they may have in hand. Any such comittee member shall also call a special general meeting if same is requisitioned by:
In any case all special general meetings shall be held within 30 days of being requested and in writing and members shall be given 10 clear days' notice of the date, time and purpose of the meeting.
Executive Committee Meetings may be held as often as required and may be summoned by the Secretary by notice in writing. Special Executive Committee Meetings shall be summoned by the Secretary on receiving a written notice to do so from three members of the Executive Committee. Such special meeting to be held within fourteen days after receipt by the Secretary of such notice. If more than 50 percent of the committee members are unable to vote on a particular issue because they have an interest in it, a special general meeting must be held.
All notices will be given in writing and sent by email or post to all current Club members at their last known address. Non-receipt of a notice shall not invalidate a meeting.
At any General meeting of the Club and any Executive Meeting, at which a quorum is not present, such meeting shall stand adjourned to the same time and day the following week. If a quorum is not present at the commencement of the adjourned meeting, then that meeting will proceed irrespective of the number of members present and its decisions will be binding on the Club.
Proxy voting shall only be permitted at Annual General Meetings. An eligible voting member may cast a proxy vote at an Annual General Meeting only if unable to attend that meeting due to illness, or disability of such a nature as to prevent attendance at the meeting, or leave of absence in respect of those who are to be away from the district where and for when a meeting is called, and then the correct procedure for proxy voting must be followed.
The correct procedure of proxy voting is as follows:
COMMITTEE MEMBERS OF THE CLUB: THEIR QUALIFICATION FOR OFFICE APPOINTMENT AND REMOVAL
A member of the Committee and/or member of a sub-committee who is an Interested Member in respect of any matter being considered by the Club, must disclose details of the nature and extent of the interest (including any monetary value of the interest if it can be quantified). Disclosure must be made as soon as practicable after the member of the Committee and/or sub-committee becomes aware that they are interested in the matter. A member of the Committee and/or sub-committee who is an Interested Member regarding a matter—
However, a member of the Committee and/or sub-committee who is prevented from voting on a matter may still be counted for the purpose of determining whether there is a quorum at any meeting at which the matter is considered. Where 50% or more of Committee Members are prevented from voting on a matter because they are interested in that matter, a Special General Meeting must be called to consider and determine the matter.
Each such consent and certificate should be in writing and retained in the club’s records. A person is disqualified from being a Committee Member if they do not meet the qualification criteria of the Incorporated Societies Act 2022 Part 3, Subpart 4, No 47 (3) (a-g).
Where a complaint is made about the actions or inaction of a Committee Member (and/or not in the Committee Member’s capacity as a Member of the Club) the following steps shall be taken:
If the complaint is upheld the Committee Member may be removed from the Committee by a resolution of the Committee or of a General Meeting, in either case passed by a 60% majority of those present and voting.
POWERS AND DUTIES OF THE EXECUTIVE COMMITTEE
Executive Committee must act in good faith and in the best interests of the Club. It shall have the following general powers:
- To lease, sublease, rent or hire facilities of the Club if doing so will benefit the Club.
- To incur expenses for non-budgeted items/projects to a limit set at a General Meeting.
- The Executive Committee has the power to spend funds and act as necessary in emergency situations.
- To invest funds of the Club upon such securities and in such manner as is authorised by the rules and to vary such investments from time to time.
- To raise money by subscriptions or any other means and to grant rights or privileges to subscribers.
- The preparation of an annual financial budget for the Club.
- To enter into on behalf of the Club any legal agreement, contract or arrangement for the purpose of carrying out the Club’s objects.
- The Executive shall have the power to employ, commission, co-opt or call upon any person or persons, within or outside the Club to carry on such task requested of them by the Executive Committee to help in achieving the Club’s objects.
- The Executive may appoint one of their number in the absence of the Secretary or the Treasurer from any meeting or for any period of time for any other reason to be Acting Secretary or Acting Treasurer.
- The Executive Committee may from time to time decide and publish bylaws and regulations of the Club.
- Generally, to do all such things as are necessary or conducive to the attainment of the objects of the Club or any of them.
BANK ACCOUNT
All money belonging to the Club shall be invested or deposited in the name of the Club in such bank or banks as the Executive Committee shall from time to time decide and such account shall be operated on by any two of the President, the Vice President, the Secretary or the Treasurer.
DUTIES OF COMMITTEE MEMBERS
All committee members must:
THE USE AND CONTROL OF THE COMMON SEAL OF THE CLUB
The common seal of the Club is not required for any purpose under New Zealand law. It is retained for use as required by overseas governments and/or organisations.
ACCOUNTING RECORDS, FINANCIAL REPORTING, AND ANNUAL RETURNS
- Accounting records must be kept
- The Committee must ensure that there are kept at all times, accounting records that—
- Correctly record the transactions of the Club; and
- Allow the Club to produce financial statements that comply with the requirements of the Incorporated Societies Act 2022; and
- Would enable the financial statements to be readily and properly audited (if required under any legislation or the Club’s rules).
- The Committee must establish and maintain a satisfactory system of control of the Club’s accounting records.
- The accounting records must be kept—
- In written form in English
- In a form or manner that is easily accessible and convertible into written form in English.
- The accounting records must be kept for the current accounting period and for the last 7 completed accounting periods of the Club.
- The Committee must ensure that there are kept at all times, accounting records that—
- Annual financial statements must be prepared and registered
- The Club must ensure that, within 6 months after the balance date of the Club, financial statements are—
- Completed in relation to the Club and that balance date; and
- Dated and signed by or on behalf of the Club by 2 members of the committee.
- The financial statements must be prepared in accordance with,—
- In the case of a specified not-for-profit entity, generally accepted accounting practice; or
- In any other case, generally accepted accounting practice.
- The Club must ensure that, within 6 months after the balance date of the club, copies of the financial statements of the club for the period ending on that date are given to the Registrar of the Incorporated Societies for registration.
- The Club must ensure that, within 6 months after the balance date of the Club, financial statements are—
- Minimum requirements for financial statements of small clubs
The financial statements for an accounting period must—- Contain the following information:
- The income and expenditure, or receipts and payments, of the Club during the accounting period; and
- The assets and liabilities of the Club at the close of the accounting period; and
- All mortgages, charges, and other security interests of any description affecting any of the property of the Club at the close of the accounting period; and
- Otherwise comply with requirements prescribed by the regulations.
- Contain the following information:
- Annual financial statements of certain clubs must be audited
- A club that is of a kind prescribed by the regulations must ensure that the financial statements are audited by a qualified auditor.
- An auditor must, in carrying out an audit for the purposes of this section, comply with all applicable auditing and assurance standards.
- If it is passed at an Annual General Meeting that an audit is required, an audit will be undertaken for the current year.
- Auditor must report to members
- The auditor of a club (if any) must make a report to the members on the financial statements audited by the auditor.
- The auditor’s report must comply with the requirements of all applicable auditing and assurance standards.
- Auditor’s report must be sent to Registrar and External Reporting Board if requirements have not been complied with
If an auditor’s report indicates that the requirements of the Incorporated Societies Act 2022 have not been complied with, the auditor must, within 7 working days after signing the report, send a copy of the report and a copy of the financial statements to which it relates to the Registrar of the Incorporated Societies and the External Reporting Board. - Annual returns
- The Club must, in the manner prescribed by the regulations, ensure that an annual return is given to the Registrar of the Incorporated Societies for registration.
- The annual return must contain the information prescribed by the regulations.
SUBSCRIPTIONS
MATTERS NOT PROVIDED FOR IN THESE RULES
Any matters occurring that is not provided for by these rules and regulations shall be referred to the Executive Committee whose decision shall be final and binding unless and until such decision shall be superseded by any decision of a general or special meeting of the Club.
VISITORS
No person not a member of the Club shall have an automatic right of entry to the clubrooms of the Club. The Executive Committee or any member of the Club may, however, extend to a visitor or-friend an invitation to the Club’s clubrooms on such occasions and upon such conditions as the Executive Committee may from time to time determine or allow subject to such visitor or friend signing the visitors book. The Executive Committee or host member shall be responsible for the conduct of such visitor or friend while such visitor is on the Club’s premises.
INTERPRETATION
The headings used in these rules shall constitute a guide only and shall not affect the interpretation of these rules. Words signifying the male sex shall extend to and include the female sex; words signifying the singular shall extend to and include the plural and in each case the latter shall extend to and include the former.




