Alterations: Difference between revisions

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{{ChapterInfoNoTOC|SCANZ Constitution handbook|11|Alterations to the constitution}}
|Text in ''italics'' has been added for our purposes including content from our previous rules of incorporation. Plain text is from the Companies Office's [https://isb.companiesoffice.govt.nz/constitutionbuilder/ Constitution Builder]. The help text in boxes is usually that provided by the Constitution Builder to explain requirements. Items in '''bold''' are defined terms.
==Amending this constitution==
|}{{DISPLAYTITLE:Alterations to the constitution}}
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|Societies must describe how their constitution may be amended or they risk being stuck with their original constitution.
<P>The Act requires that every amendment to a society’s constitution is —
*to be in writing, and
*approved at a general meeting by a resolution passed by the ‘relevant majority’ (see note below), or
*approved by a resolution passed in lieu of a meeting (if such resolutions are allowed by your society’s constitution).
Note — ‘Relevant majority’ means a simple majority of the voting members or, if required by the constitution, a higher majority.
|}
==Amending this constitution (mandatory)==
#All amendments must be made in accordance with this '''constitution'''. Any minor or technical amendments shall be notified to '''subscribing members''' as required by section 31 of the '''Act'''.
#All amendments must be made in accordance with this '''constitution'''. Any minor or technical amendments shall be notified to '''subscribing members''' as required by section 31 of the '''Act'''.
#'''''SCANZ''''' may amend or replace this '''constitution''' at a '''general meeting''' by a resolution passed by a ''2/3'' majority of those '''subscribing members''' present and voting.
#{{Edit}}No addition to, deletion from or alteration of the organisation’s rules shall be made which would allow personal financial gain to any individuals. The provisions and effect of this clause shall not be removed from this document and shall be included and implied into any document replacing this document.{{/Edit}} {{Comment}} Required by IRD policy - we think it's redundant from a legal point of view, but IRD says we need to have it. This will be an entrenched clause, even if they later say it's not required.{{/Comment}}
#'''SCANZ''' may amend or replace this '''constitution''' at a '''general meeting''' by a resolution passed by a 2/3 majority of those '''subscribing members''' present and voting.
#That amendment may be approved by a resolution passed in lieu of a meeting but only if authorised by this '''constitution'''.
#That amendment may be approved by a resolution passed in lieu of a meeting but only if authorised by this '''constitution'''.
#Any proposed resolution to amend or replace this '''constitution''' shall be signed by at least ''10'' per cent of eligible '''subscribing members''' and given in writing to the '''committee''' at least ''6 weeks'' before the '''general meeting''' at which the resolution is to be considered and shall be accompanied by a written explanation of the reasons for the proposal.
#Any proposed resolution to amend or replace this '''constitution''' shall be signed by at least 10 per cent of eligible '''subscribing members''' and given in writing to the '''committee''' at least 6 weeks before the '''general meeting''' at which the resolution is to be considered and shall be accompanied by a written explanation of the reasons for the proposal.
#At least ''4 weeks'' before the '''general meeting''' at which any amendment is to be considered, the '''committee''' shall give to all '''members''' notice of the proposed resolution, the reasons for the proposal, and any recommendations the '''committee''' has.
#At least 4 weeks before the '''general meeting''' at which any amendment is to be considered, the '''committee''' shall give to all '''members''' notice of the proposed resolution, the reasons for the proposal, and any recommendations the '''committee''' has.
##''This '''notice''' will be accompanied by a request for feedback from the membership to be returned to the '''committee''' not less than one (1) week prior to the date of the '''general meeting'''.''
##This '''notice''' will be accompanied by a request for feedback from the membership to be returned to the '''committee''' not less than one (1) week prior to the date of the '''general meeting'''.''
#When an amendment is approved by a '''general meeting''', it shall be notified to the Registrar of Incorporated Societies in the form and manner specified in the '''Act''' for registration, and shall take effect from ''the later of: the date of registration, the date the '''constitution''' is updated on '''SCANZ's''' website, and the '''members''' given '''notice''' of the change.''
#When an amendment is approved by a '''general meeting''', it shall be notified to the Registrar of Incorporated Societies in the form and manner specified in the '''Act''' for registration, and shall take effect from the later of: the date of registration, the date the '''constitution''' is updated on '''SCANZ's''' website, and the '''members''' given '''notice''' of the change.
#{{Edit}}No addition to, deletion from, or alteration of this '''constitution''' shall be made which would allow personal pecuniary profits to any '''member''' or other individual. The provisions and effect of this clause shall not be removed from this '''constitution''' and shall be included and implied into any '''constitution''' replacing this '''constitution'''.{{/Edit}}  {{Comment}}The Act itself requires a society to not be for the financial gain of its members. It's covered in 1.6.2, and then 1.7.1 also says we can't do anything that contradicts the Act, so this statement is already covered, and IRD's other wording does not appear to match the requirements of the new Act, so is quite probably old content - the verbage pretty closely matches what we used to have{{/Comment}}
[[Category:SCANZ|K]]

Latest revision as of 07:39, 30 November 2025

Alterations to the constitution

Amending this constitution

  1. All amendments must be made in accordance with this constitution. Any minor or technical amendments shall be notified to subscribing members as required by section 31 of the Act.
  2. No addition to, deletion from or alteration of the organisation’s rules shall be made which would allow personal financial gain to any individuals. The provisions and effect of this clause shall not be removed from this document and shall be included and implied into any document replacing this document. Required by IRD policy - we think it's redundant from a legal point of view, but IRD says we need to have it. This will be an entrenched clause, even if they later say it's not required.
  3. SCANZ may amend or replace this constitution at a general meeting by a resolution passed by a 2/3 majority of those subscribing members present and voting.
  4. That amendment may be approved by a resolution passed in lieu of a meeting but only if authorised by this constitution.
  5. Any proposed resolution to amend or replace this constitution shall be signed by at least 10 per cent of eligible subscribing members and given in writing to the committee at least 6 weeks before the general meeting at which the resolution is to be considered and shall be accompanied by a written explanation of the reasons for the proposal.
  6. At least 4 weeks before the general meeting at which any amendment is to be considered, the committee shall give to all members notice of the proposed resolution, the reasons for the proposal, and any recommendations the committee has.
    1. This notice will be accompanied by a request for feedback from the membership to be returned to the committee not less than one (1) week prior to the date of the general meeting.
  7. When an amendment is approved by a general meeting, it shall be notified to the Registrar of Incorporated Societies in the form and manner specified in the Act for registration, and shall take effect from the later of: the date of registration, the date the constitution is updated on SCANZ's website, and the members given notice of the change.
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