Constitution

New Zealand Marathon Swimming Federation Incorporated

June 2021

CONSTITUTION AND RULES

1. Name of Society:
The name of the incorporated society shall be “New Zealand Marathon Swimming Federation Incorporated”.

2. Objectives of NZ Marathon Swimming Federation:

To promote the interests of members in the pursuit of Marathon Swimming in New Zealand
To encourage participation and achievement of members in Marathon Swimming in New Zealand
To ensure any Marathon Swim in New Zealand is conducted under the internationally accepted protocols for such swims at that time and to validate such swims in accordance with those internationally accepted rules.
To keep and maintain records of Marathon Swims, in particular Cook Strait, Lake Taupo and Foveaux Strait and other swims as considered to be of significance by the Executive Committee.
To financially invest in any programmes or activities that might be of benefit in achieving 2.a., 2.b., 2.c. and 2.d. above.
To raise funds and/or arrange sponsorship for the further investment in 2.a., 2.b., 2.c.and 2.d. above.

3. Membership;
Any individual or entity that is accepted by the Executive shall be a member of NZ Marathon Swimming Federation upon payment of the subscription as set by NZ Marathon Swimming Federation.

Membership categories shall be –
1. Active: Any individual member actively pursuing Marathon Swimming
2. Supporter: Any individual member who wishes to support and show interest in the activities of NZ Marathon Swimming Federation and its active members
3. Corporate: Any individual or entity who wishes to support and show interest in the activities of NZ Marathon Swimming Federation and its active members
4. Active and supporter members shall be entitled to 1 vote per individual at Annual and Special General Meetings and at other voting situations as may arise from time to time. Corporate member shall not be entitled to voting privileges.
Members shall agree to abide by the Constitution and Rules of NZ Marathon Swimming Federation or any amendments to the same as may be determined from time to time.
Subscriptions shall be set annually at the Annual General Meeting.
The Financial year of the Association shall commence on 1 April each year and terminate the following 31 March.
Any member shall cease to be a member of NZ Marathon Swimming Federation if such a member resigns their membership by notice in writing to any member of the Executive.
Any member may have their membership terminated by the Executive for misconduct within NZ Marathon Swimming Federation and its environs or any other reason that may adversely affect the reputation, status and/or standing of the organisation.
In the event of any member failing to pay the annual subscription within two (2) months of the nominated date, then that membership will be considered as lapsed. The member may be reinstated upon the subsequent payment of full annual subscription and acceptance of same by the Executive.
Any member may have their membership terminated by the Executive in the event that said member is convicted of any offence. Cessation of membership under this rule is to be under the discretion of the Executive.

4. Alteration of Constitution and/or Rules:
No new rule(s) or alteration or revocation of existing rule(s) (with the exception of rule 10 and any other rule that is required under the Income Tax Act, 2004, which cannot be changed) shall be made except at an Annual General Meeting or Special General Meeting called for the purpose and constituted in accordance with this document.

5. Meetings:

Notice of an Annual General Meeting or Special General Meeting of NZ Marathon Swimming Federation shall be given to the last known e-mail address of a member(s) at least 14 days prior to the meeting. The non-receipt of a notice by a member(s), or accidental omission of notice to any member, shall not invalidate the proceedings of the meeting.
The Annual General Meeting shall normally be held during the month of June in each year, and the Executive Committee shall at that meeting report on activities of NZ Marathon Swimming Federation during the last financial year and submit the Annual Report, Balance Sheet and Statement of Accounts, for consideration. Members shall also elect the Executive for the ensuing year.
The Executive shall have the power to request a Special General Meeting of members of NZ Marathon Swimming Federation. The notice convening the meeting shall be given to the last known e-mail address of member(s) at least 14 days before the date of the meeting and shall specify the subjects to be considered at the meeting.
At all general meetings of NZ Marathon Swimming Federation, a quorum shall be no less than five (5) financial members.
At all meetings of NZ Marathon Swimming Federation or the Executive, the President shall take the chair. If the President is not present and has not appointed a chair in his place, the meeting shall elect a Chairman from the members of the Executive present. The Chairman shall have a deliberate vote and in any case of an equality of votes, shall in addition have a casting vote.
Voting at any meeting of NZ Marathon Swimming Federation or its Executive shall be by voice or show of hands unless a secret ballot is requested by any member.
Notices of motion must be in the hands of the Executive no later than 7 days before any Annual or Special General Meeting.

6. Officers of NZ Marathon Swimming Federation:

The executive shall comprise a President, a Secretary and at least 2 Executive Members.
Nominations and/or applications for the positions of President and Executive Members shall be in the hands of the Executive fourteen days prior to the Annual General Meeting. A nomination/application can only be made by a financial member. Each nomination/application must be seconded by another financial member and have the acceptance of the nominee who must be or become a financial member. In the event of nominations not being filled by due date further nomination may be accepted from the floor.
Members of the Executive Committee shall hold office for a term of one year and be eligible for re-election.
If for any reason any of the above positions become vacant, the Executive may co-opt from the membership to the position(s) for the unexpired term.
The Executive shall meet as required to further the objectives of NZ Marathon Swimming Federation
The Executive may co-opt assistance where required.

7. Powers of the Executive Committee:

The general management of the affairs and business of NZ Marathon Swimming Federation shall be conducted by the Executive.
The funds of NZ Marathon Swimming Federation shall be under the control of the Executive and shall be applied by the Executive to further the objectives of NZ Marathon Swimming Federation.
All payments shall be authorised by the Executive.
The Executive shall open and operate any bank accounts required by NZ Marathon Swimming Federation from time to time.
This Association shall have the power to borrow or raise money from whatever lawful means that the Executive deem appropriate. Such borrowing may include, but not restrict, debentures, bonds, mortgages or any form of liens or other security over NZ Marathon Swimming Federation assets.
Financial Statements will be prepared annually by a Chartered Accountant who is not a member of the Executive.

8. Dissolution of the Federation:

In the event of the necessity for the dissolution or winding up of NZ Marathon Swimming Federation, the Executive shall summon a special general meeting in accordance with this constitution. The meeting so called shall have the power to pass a resolution to that effect, if no less than two thirds of the members present and voting agree. If such a resolution is passed a general meeting shall be called no earlier than 30 days from the first meeting to pass a resolution confirming the earlier decision to wind up NZ Marathon Swimming Federation.
If upon the winding up or dissolution of NZ Marathon Swimming Federation, there remains after the satisfaction of all debts and liabilities, any property whatsoever the same shall not be paid to or distributed among the members of the association but shall be given or transferred to some other charitable organization or body having similar objectives as NZ Marathon Swimming Federation or for some other charitable purpose within New Zealand.

9. Arbitration:
In the event of any dispute, disagreement or contradiction in the interpretation of this constitution and rules or in the event of any dispute, disagreement of this constitution and rules amongst or between the executive committee and or member an independent arbitrator may be appointed to adjudicate on the matter and his or her decision shall be binding and absolute on the matters concerned.

10. Private Pecuniary Gain
No entity or individual shall obtain private pecuniary gain from the activities of NZ Marathon Swimming Federation. Reimbursment for expenditure incurred and reasonable renumeration for services rendered is permitted to entities and/or individuals.

11. Common Seal
The Committee shall provide a common seal for the Society and may from time to time replace it with a new one. The Secretary shall have custody of the common seal, which shall only be used by the authority of the Committee. Every document to which the common seal is affixed shall be signed by the President and countersigned by the Secretary or a member of the Committee.

Approved:
June 2021 at the Inaugural General Meeting of NZ Marathon Swimming Federation