About the club
THE RULES OF THE OMOKOROA BOAT CLUB INCORPORATED
(Amended February 2011)
Index
1. NAME
2. AIMS AND OBJECTS
3. MEMBERSHIP
4. APPLICATION FOR ELECTION TO MEMBERSHIP
5. TERMINATION 0F MEMBERSHIP
6. OFFICERS
7. CLUB COMMITTEE
8. MANAGEMENT OF THE CLUB
9. MEETINGS OF THE CLUB COMMITTEE
10. DUTIES OF THE COMMODORE. VICE COMMODORE
11. DUTIES OF THE CLUB CAPTAIN
12. DUTIES OF THE SECRETARY
13. DUTIES OF THE TREASURER
14. AUDITOR
15. CONTROL AND INVESTMENT OF CLUB FUNDS
16. ENTRANCE FEES AND ANNUAL SUBSCRIPTIONS
17. CONTRACTS
18. BORROWING POWERS
19. FISCAL YEAR
20. EXTRAORDINARY GENERAL MEETINGS
21. ANNUAL GENERAL MEETINGS
22. NOTICE OF EXTRAORDINARY AND ANNUAL GENERAL MEETINGS
23. VOTING
24. DELEGATES
25. BY-LAWS FOR THE GENERAL MANAGEMENT OF THE CLUB
26. CONDUCT
27. INDEMNITY
28. COMMON SEAL
29. ALTERATION TO THE RULES
30. DISSOLUTION
31. REGISTERED OFFICE
The name of the Club shall be THE OMOKOROA BOAT CLUB INCORPORATED, hereinafter called 'The Club'.
2. AIMS AND OBJECTS
(i) To promote within the community, foster, protect and advance the interests of pleasure boat owners and other members, to develop and encourage a high standard of seamanship and safety at sea, to provide a medium of exchange of boating information, to stimulate a greater interest in pleasure boating and community events, also to develop fraternal spirit among pleasure boat owners and other members, to promote and undertake training, educational and social activities related to pleasure boating and other community events.
(ii) To join associate affiliate federate or otherwise ally with any club association federation or other body having objects either similar or complementary to those of the Club for the purpose of participating in races competitions regattas life saving and search and rescue activities or for any purpose connected with furthering the interests of pleasure boating.
(iii) To permit and hold either alone or jointly with any other club association company or person, meetings competitions shows or exhibitions and to promote and support any form of lecture or entertainment or form of maritime education.
(iv) To accept offer give or contribute towards any prizes or medals.
(v) To draw make accept endorse discount execute and issue any negotiable cheques and other negotiable instruments.
(vi) To invest monies in authorised trustee investments.
(vii) To buy sell lease hire license or otherwise acquire and deal with any real and personal property.
(viii) To take any gifts bequests and donations of real and personal property whether subject to any specified trust or not for any one or more of these Objects of the Club.
(ix) To let on hire bailment lease grant options and otherwise deal with real and personal property and other rights of the Club.
(x) To guarantee the performance of any obligation contract or undertaking provided however that no guarantee or commitment which may render the Club liable to the payment of a sum in excess of ten thousand dollars ($10,000) shall be given without first obtaining the approval of a General Meeting.
(xi) To undertake any work or activity which may appear to the Club to be in accordance with its Objects and to do such things' as are incidental or conducive to the attainment of the above Objects.
(xii) Personal Benefit "Any income, benefit or advantage shall be applied to the objectives of the organisation. No member of the organisation or any person associated with a member, shall participate in or materially influence any decision made by the organisation, in respect of the payment to or on behalf of that member or associated person of any income, benefit, or advantage whatsoever. Any such income shall be reasonable and relative to that which would be paid in an arms length transaction (being open market value). And 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."
3. MEMBERSHIP
The membership of the Club shall comprise:
Ordinary Members
Reciprocal Members
Honorary Members
Life Members
(i) ORDINARY MEMBERS may be either individuals or families and shall be persons who have been accepted into membership in accordance with the Rules and By-Laws of the Club and have paid their financial dues.
Family members shall comprise parent(s)/guardian(s) and dependent children under 18 years of age of any one family.
Double membership shall comprise two persons living at the same address who are in a partnership
Single adult members shall be 18 years of age or over and pay two thirds of current family subscription.
Single junior members shall be under 18 years of age. The committee shall set their subscription but shall not exceed 50% of the current family subscription.
When a boat is owned jointly by two or more persons excluding Family Membership as defined above, then each such joint owner shall be an Ordinary Member in their own right paying the full appropriate subscription.
Ordinary Members shall be entitled to the full rights and privileges of the Club subject as hereinafter provided, and shall be entitled to vote at all General Meetings of' the Club (save that parents only may vote under a Family Membership).
(ii) A RECIPROCAL MEMBER shall be a person who is a member of another club having objects and purposes similar to those of this Club and with which the Club Committee may have entered into reciprocal arrangements concerning the use of sharing of facilities, participation in events or any matter relevant to the objects of the Club.
A reciprocal Member shall have such privileges as may be decided upon by the Club Committee having regard to the corresponding privileges accorded to Members of this Club, by the reciprocating Club and shall pay such dues as may be decided upon.
A Reciprocal Member shall be entitled to attend all General Meetings of the Club but shall NOT be entitled to any vote on Club matters.
(iii) An HONORARY MEMBER may be appointed at the discretion of the Club Committee for such period or periods with or without a subscription upon such terms and conditions, as the Committee may from time to time determine.
An Honorary Member shall be entitled to participate in Club events and to attend all General Meetings but shall NOT be entitled to vote thereat.
(iv) A LIFE MEMBER shall be a person who in recognition of distinguished service to the Club shall have been elected as a Life Member at an Annual General Meeting by a three-fourths majority of the voting Members present.
The nomination of any such Member as a Life Member shall be made pursuant to a resolution of the Club Committee and notice of the intention to propose such nomination, complete with a formally written citation shall be set out in the notice calling the Annual General Meeting.
A Life Member shall have the same rights and privileges as an Ordinary Member but shall not be required to pay any annual subscription.
4. APPLICATION FOR ELECTION TO MEMBERSHIP
(i) Application for membership shall be submitted to the Club Committee on a form approved by the Committee and shall be signed by the applicant and by a proposer and a seconder, both being Members of the Club. No application for membership will be accepted unless it is accompanied with payment of Entrance Fee and Annual Subscription for the current year
(ii) The Club Committee shall, as expeditiously as possible, consider each application and shall vote thereon. A majority of those present shall be required to elect an applicant to membership.
(iii) If the applicant is confirmed in membership they shall be so advised and informed in writing that they shall become a member from the date when (a) their dues are paid and (b) meets the requirements of any By-Laws made pursuant to these Rules whichever is the later.
5. TERMINATION 0F MEMBERSHIP
(i) A member way resign from the Club at any time by giving notice in writing to the Secretary, but such resignation shall not relieve the member from his obligation to pay any dues then owing.
(ii) Any member whose annual dues for the current club year remain unpaid by31stOctober shall be advised in writing of his/her default by the Secretary and, if it remains unpaid after seven days, cease to be a member
Any such member wishing to subsequently rejoin the Club shall be regarded as a new applicant and shall be liable to pay the Entrance Fee and the Annual Dues applicable at the time of rejoining.
(iii) A member may be expelled from the Club pursuant to the provisions of Rule 27.
(iv) The name of any member who ceases to be a member of the Club by reason of resignation, default or expulsion shall be struck off the Register of Club members.
6. OFFICERS
(i) The following shall comprise the Officers of the Club.
Patron
Commodore
Vice Commodore
Club Captain
Secretary
Treasurer
(ii) The Office of Treasurer may be combined with that of Secretary but in such a case the person holding the combined Office shall only have one vote and then only if the Office is held in an Honorary capacity.
(iii) The Officers shall be elected annually at the Annual General Meeting.
(iv) When and if it is considered desirable that an Honorarium should be paid to any officer, then the amount of such Honorarium shall be fixed as may be deemed fit at each Annual General Meeting and shall remain in force for the ensuing fiscal year.
(v) That the immediate past Commodore be an ex-officio member of the Club Committee with full voting rights.
7. CLUB COMMITTEE
(i) There shall be a Club Committee, which shall consist of seventeen (17) members, being the Commodore, Vice Commodore, Club Captain. Secretary. Treasurer and twelve (12) ordinary members. (Amended July 2005 – previously 12 in total)
(ii) The Club Committee shall be elected annually at the Annual General Meeting. Should any office become vacant during the year the Committee may elect all Ordinary Member to fill the vacancy until the following Annual Meeting.
(iii) Any Committee member ceasing to he a member of the Club shall, ipso facto, also cease to be a member of the Club Committee.
8. MANAGEMENT OF THE CLUB
(i) The management of the Club shall he in the hands of the Club Committee which shall have the power to conduct the affairs of the Club and make decisions for the benefit of the Club subject only to the limitations expressly imposed by these Rules and the provisions of the Incorporated Societies Act 1908 and its amendments. Such decisions and conduct shall be binding on all Members of the Club, subject only to the limitations expressly contained in these Rules.
(ii) The Club Committee shall carry out the Aims and Objects of the Club provided that matters of significant importance or of policy shall be referred to the membership of the Club in Extraordinary or Annual General Meetings for ratification.
(iii) Ordinary members may challenge any decision of the Club Committee at an Extraordinary General Meeting called by requisition. A three-fourths majority of those present at such meeting shall be required to stay or reverse any action of the Club Committee. When this right of appeal is exercised the Club Committee shall stay all action on the decision in question until the decision of the Extraordinary General Meeting is known
(iv) The Club Committee shall have the power to make, amend or cancel By-Laws from time to time for the proper conduct of the Club.
(v) Any matter not expressly provided for in these Rules shall be within the discretion of the Club Committee.
(vi) The Club Committee may, from among its members, appoint such committees, subcommittees or individuals as it may deem desirable for the better conduct of the specific activities or duties. The Club Committee may also co-opt other Club members to serve on such committees or subcommittees, but not on the Club Committee itself. All committees and subcommittees shall be responsible, through their conveners who shall be members of the Club Committee, to the Club Committee and shall report at each meeting of the Club Committee.
(vii) The Club Committee shall from time to time as may be deemed necessary appoint a Bar Manager who shall be responsible to the Committee and carry out the requirements laid down in "Duties of the Bar Manager? a copy shall be supplied to the Bar Manager upon appointment.
(viii) The Club Committee may delegate such powers, as it may deem advisable to committees or subcommittees of itself or to individual members of the Club Committee either for a specific event or for a specified time.
(ix) The Club Committee shall consider all remits for the Annual General Meeting which remits shall be in the hands of the Club Committee at least one (1) month prior to the Annual General Meeting and which shall be circulated to all Club Members (refer Rule 21 (vi)).
9. MEETINGS OF THE CLUB COMMITTEE
(i) Meetings of the Club Committee shall be held from time to time as the efficient and expeditious conduct of the business of the Club may demand but, in any case, at intervals of not more than three (3) months. Meetings shall be held at a time and place designated by the Committee.
(ii) Any five (5) members of the Club Committee may request in writing that a meeting be called and the Secretary shall comply within fourteen (14) days.
(iii) Voting shall be by those personally present and the Chairman shall have a casting vote if necessary.
(iv) The Commodore shall chair all meetings of the Club Committee. In the absence of the Commodore, the Vice Commodore and in the absence of the Vice Commodore. the Club Captain shall chair the meeting If all three be absent the meeting shall elect a chairperson.
(v) A copy of the minutes shall be promptly affixed to the notice board and individual copies shall be made available to Committee members upon request.
(vi) If any member of the Club Committee be absent from three (3) consecutive meetings without leave of the Committee their seat may be declared vacant and the Club Committee may elect a replacement for that person
(vii) Seven (7) members of the Committee personally present shall constitute a quorum at any meeting of the Club Committee. If no quorum be present within thirty (30) minutes of the stated time then the meeting shall stand adjourned to the same time one (1) week later with fresh notice of meeting to be sent to all Club Committee c members. Those present at the resumed meeting shall form a quorum.
10. DUTIES OF THE COMMODORE / VICE COMMODORE
(i) The Commodore shall preside at all meetings of the Club Committee and at all General Meetings.
(ii) The Commodore shall be a member ex officio of all committees and subcommittees.
(iii) The Commodore shall carry out the duties assigned to him by the Club Committee and shall be responsible to the Club Committee but as the principal Officer of the Club he will be expected to lead all activities of the Club, to promote the execution of its Aims and Objects and to foster its interests and well-being.
(iv) The Commodore shall not serve as such for more than three (3) consecutive years.
(v) The Vice Commodore shall be responsible to the Club Committee and shall assist the Commodore in the execution of his duties as may be mutually agreed upon between them and as may be approved by the Club Committee.
11. DUTIES OF THE CLUB CAPTAIN
(i) Under the general direction of the Club Committee the Club Captain shall attend to all matters relating to the social activities of the Club whether ashore or afloat.
(ii) The Club Captain shall be the convenor of the programme and/or social committee or sub-committee (or equivalent). The Club Captain may request the Club Committee to provide, under the provisions of Rule 8 (vi), any additional personnel considered necessary to cater for any specific circumstance.
(iii) The Club Captain shall generally assist the Commodore and Vice Commodore in the execution of their functions.
12. DUTIES OF THE SECRETARY
Under the direction and authority of the Club Committee the Secretary shall:
(i) Attend all meetings of the Club Committee and all General Meetings.
(ii) Keep a true and proper record of the affairs of the Club and shall keep the Minutes of all Club Committee and all General Meetings in a book or books provided for that sole purpose
(iii) Conduct all general correspondence of the Club and keep copies of such correspondence.
(iv) Have custody of and file all documents, records, reports and communications connected the affairs of the Club and bring them before the Club Committee.
(v) Maintain an up-to-date Register of all Club Members their names, addresses and dates of effective election.
(vi) Give notice of all meetings and supply copies of Minutes as may he requested.
(vii) Notify each new member of his election and any member of any disciplinary action taken against him/her pursuant to these Rules and furnish any member on his/her request with a copy of the Rules and/or By-Laws.
(viii) Co-operate with the Treasurer in notifying each member of his liability for Entrance Fees, Subscriptions and/or other dues and in the collection of the same.
13. DUTIES OF THE TREASURER
Under the direction and authority of the Club Committee, the Treasurer shall:
(i) Keep the books and accounts of the Club.
(ii) Collect and receive all monies due to the Club, paying them as soon as practicable into the account of the Club with a bank, keeping a correct account of such receipts in a book provided for the purpose.
(iii) Pay all accounts due by the Club when authorised to do so by the Club Committee keeping a correct account of such payments in a book provided for the purpose. Unless otherwise directed by the Committee, all payments except for amounts not exceeding Fifty Dollars $50 shall be made by cheque.
(iv) Have custody of all funds of the Club and shall keep accounts of the same in such manner as will at any time clearly disclose the true financial position of the Club.
(v) Present to each meeting of the Club Committee, but not more frequently than at monthly intervals unless specifically requested to do so by the Committee, bank statements and an up to date report on Club finances.
(vi) Prepare a Balance Sheet and a Statement of Income and Expenditure covering the fiscal year of the Club and present the same to the Club Committee prior to the Annual General Meeting. These Annual Accounts shall be audited and thereafter circulated to all Members of the Club prior to the Annual General Meeting.
14. AUDITOR
(i) The club accounts will be scrutinized by a chartered accountant each year prior to presentation to the AGM.
(ii) The chartered accountant will be appointed at the AGM each year, and may not be a member of the club. The committee shall have the power to appoint a chartered accountant for the balance of the fiscal year remaining should a vacancy arise.
(iii) The chartered accountant will not be a member of the committee.
(iv) The club committee shall have the power to arrange for a special audit at any time it is deemed desirable to do so and will appoint a qualified auditor to do so.
(v) Any ten per cent (10%) of financial members of the club may request that an audit of the club accounts be carried out, and in this case the committee will appoint a qualified auditor to carry out the audit as soon as reasonhably possible.
15. CONTROL AND INVESTMENT OF CLUB FUNDS
(i) The funds of the Club shall be under the control of the Club Committee and all funds shall be dispersed only under the direction of the Club Committee.
(ii) The Club Committee shall open and maintain an account or accounts at any trading or savings bank or banks as it shall deem fit and shall from time to time decide the manner in which such accounts shall be operated.
(iii) All monies received by the Club shall be deposited in the Club bank account or accounts.
(iv) No monies shall be expended or liabilities incurred by any person save pursuant to a resolution of the Club Committee, except that the Secretary may be provided with an impress Petty Cash Account of up to Fifty ($50) Dollars maximum for the purposes of the expenses of his office, for which he shall from time to time account to the Club Committee
(v) The Club Committee shall have the power to invest to best advantage any monies not needed for the imminent purposes of the Club in any investment authorised by law for the investment of trust funds.
(vi) All monies received by way of gifts, bequests and/or donations by the Club, unless otherwise specified by the donor, shall be under the control and direction of the Club Committee and may he applied as that Committee deems appropriate.
(vii) The Club Committee may establish a Reserve Fund or Funds with the general intention that such fund or funds shall be used for the acquisition or replacement of capital assets. It shall be the object to the extent that the general Club finances permit that the Club in Annual General Meeting shall each year allocate an amount or amounts to such Fund or Funds. Notwithstanding paragraph (i) of this Rule, such Reserve Fund or Funds shall be used only for such purposes as shall be approved by a majority of three-fourths of the Members personally present at any Annual General Meeting or at an Extraordinary General Meeting called to consider the proposal.
(viii) All cheques shall have two signatures. The two signatories shall be the Treasurer and the Commodore or the Treasurer and one other member of the Club Committee duly appointed for that purpose or the Commodore and the other duly appointed member of the Club Committee.
16. ENTRANCE FEES AND ANNUAL SUBSCRIPTIONS
(i) The Entrance Fee for the ensuing year shall be determined at each Annual General Meeting having regard to the assets of the Club. No applicant for Ordinary Membership may be confirmed in membership until has paid Fee.
(ii) No applicant for Ordinary Membership may be confirmed in membership until the entrance fee and Annual Subscription for the current year have been paid
(iii) Any other annual dues shall he determined at each Annual General Meeting. The provisions of Rule 5(ii) shall apply to such dues.
(iv) Entrance Fees and Annual Subscriptions shall not be refundable by the Club
All works, erection of buildings, formation of ramps, jetties, reclamation and marinas, all works in and around any piece of land that is occupied by the Club or the purchase of any vessel, machinery or equipment the cost of which exceeds Ten Thousand ($10,000) Dollars in any one contract shall be the subject of a resolution passed at a properly constituted Extraordinary or Annual General Meeting and all such contracts shall be executed under the Common Seal of the Club.
18. BORROWING POWERS
The Club shall have the power to borrow any money from any bank or other body or person with or without security and whether by way of mortgage, ordinary or secured loan or by overdraft or in the form of debentures, at such rate of interest and upon and subject to such terms and conditions generally as may be approved by a three-fourths majority of the Members present and having voting rights at an Extraordinary or at an Annual General Meeting, and to give security over any property real or personal, now or hereafter belonging to the Club, for the repayment of such money and the interest thereon in such form as the Extraordinary or Annual General Meeting thinks fit.
19. FISCAL YEAR
(i) The Fiscal Year of the Club shall commence on the first day of April and end on the thirty-first day of March in each year.
(ii) All annual dues shall be due and payable as from the first day of June in each year. The annual billing period for membership will be from the 1st June to the 31st May.
20. EXTRAORDINARY GENERAL MEETINGS
(i) The Club Committee of its own volition may direct the Secretary to call an Extraordinary General Meeting of the Club.
(ii) Upon receipt of a written requisition signed by at least 10% of the financial members of the club setting forth the resolution or resolutions to be considered at such an Extraordinary General Meeting, the Club Committee shall also direct the Secretary to call an Extraordinary General Meeting within thirty (30) days of the receipt of the requisition. Should the Club Committee default in calling such a meeting then the Secretary shall fix the time and place and send out the required notice forthwith.
(iii) Extraordinary General Meetings shall be held at a time and place decided upon by the Club Committee.
(iv) An Extraordinary General Meeting may consider any matter of significant importance or of policy or an appeal under Rule 8(iii) or an appeal under Rule 27 or an alteration to the Rules but it shall consider and decide upon only those matters of which notice has been given in the Notice of Meeting and nothing else.
(v) Fifteen (15) Members having voting rights shall form a quorum for an Extraordinary General Meeting. If a quorum is not present within thirty (30) minutes of the time set then, exception the case of an Extraordinary General Meeting called upon a requisition, the Meeting shall be adjourned to the same time one (1) week later. At the resumed Meeting ten (10) voting members shall constitute a quorum.
(vi) If within twenty (20) minutes, of the notified time of any Extraordinary General Meeting called upon a requisition a quorum be not present the Meeting shall lapse and a requisition to consider the same resolution shall not be entertained within six (6) months of the date of the lapsed Meeting.
21. ANNUAL GENERAL MEETINGS
(i) The Annual General Meeting shall be held in June of each year at a time and place to be decided upon by the Club Committee.
(ii) All members may attend the Annual General Meeting and speak thereat but only those members having voting rights shall be entitled to vote at an Annual General Meeting.
(iii) As soon as possible after the close of the fiscal year and the auditing of the accounts, but at least five (5) days prior to the date of the Annual General Meeting a copy of the financial report, copies of any remits or notices of motion and the agenda for the Meeting shall be sent to each member.
(iv) The Annual General Meeting shall inter-alia:
Consider the Annual and Financial Reports
Elect the Officers of the Club Elect the Club Committee
Appoint the Auditor
Elect any Delegates
Consider any remits and any motions of which notice may have been given
Fix the Entrance Fee and Annual Dues
Consider any general business which is customary and/or proper to an Annual General Meeting
(v) Fifteen (15) members having voting rights shall constitute a quorum for an Annual General Meeting. If a quorum is not present within thirty (30) minutes of the time set then the meeting shall stand adjourned until the same time one (1) week later. At the resumed meeting, ten (10) voting members shall constitute a quorum.
(vi) Remits for consideration at the Annual General Meeting may be submitted in writing by any member having voting rights but must be in the hands of the Secretary by the 30 March before the Annual General Meeting. All such remits shall be signed by the proposer and the seconder (refer Rule 9 ii).
22. NOTICE OF EXTRAORDINARY AND ANNUAL GENERAL MEETINGS
(i) Notice of all General Meetings shall be given not less than five (5) clear days before the date of such meetings. It shall be sufficient if the notice is embodied in any issue of the Club Newsletter or Bulletin but may also be delivered personally or by mail addressed to members at their addresses registered with the Club or by advertisement in a local newspaper. Accidental or inadvertent omission to notify any member or members shall not invalidate the meeting if this requirement has been substantially complied with.
(ii) Notice of any Extraordinary General Meeting shall include particulars of the business to be transacted including any motion or motions proposed.
(iii) Notice of each Annual General Meeting shall include copies of all financial statements, the proposed agenda, copies of any motions or remits notice of which has been received and of any motions proposed by the Club Committee including details of any proposed Rule changes.
23. VOTING
(i) The mode of voting at all meetings except those called to deal with disciplinary matters under Rule 26(ii) shall be by a show of hands but shall be by ballot if that is demanded by at least ten (10) members present and having voting rights. A ballot shall be mandatory in the case of a meeting called to deal with disciplinary matters under Rule 26(ii) or Life Membership.
(ii) A simple majority of members present and having voting rights shall decide all questions except where matters governed by Rules 3(iv), 8(iii), 15(vii), 19 and 27(ii) are concerned, in which cases a three-fourths majority shall be required.
(iii) The members having voting rights are:
Individual Ordinary Members
Adults of a Family Membership
Life Members
(iv) That absentee votes be accepted at Extraordinary General Meetings and Annual General Meetings, be in writing signed and clearly state the intention of the voter.
(v) There will be no proxy voting accepted at any meeting.
24. DELEGATES
Where the Club is entitled or required to appoint delegates to represent the Club on any outside organisation or body, then such appointments shall be made annually by election at the Annual General Meeting. Vacancies or new appointments arising between Annual General Meetings may be filled by the Club Committee.
The Club Committee shall instruct delegates as to the Club attitude toward any remits set down for consideration at meetings of the said outside organisation or body.
25. BYLAWS FOR THE GENERAL MANAGEMENT OF THE CLUB
(i) The Club Committee shall have the power to make, alter, or rescind By-Laws not inconsistent with these Rules for the management of the Club, governing, or providing for the use of Club premises, or property by Members, the conduct and behaviour of Members, minimum safety standards for Members' boats, the keeping of accounts, employment remuneration and duties of staff, visitors, or any other matter relating to the affairs of the Club.
(ii) Any By-Laws made hereunder shall I be recorded in a book kept for that purpose and notice of such By-Laws shall from time to time be published in the Club Bulletin.
(iii) Any member shall on request be supplied with a copy of such By-Laws.
26. CONDUCT
(i) All members and visitors shall conform to the Rules and By-Laws of the Club.
(ii) The Club Committee shall have the power to take such disciplinary action, as it may deem appropriate against any member infringing the Rules or Bylaws. In the event of such disciplinary action being taken by the Committee against any member, that member shall have the right of appeal to an Extraordinary General Meeting.
(iii) It shall be implicit that the provisions of the Collision Regulations, the Water Recreation Regulations and the Harbour Board Regulations applicable to small craft shall, for Club purposes, be regarded as having the same force and validity as Club Rules and By-Laws and any breach of them shall be dealt with by the Club Committee under the provisions of Section (ii) hereof.
27. INDEMNITY
The Club Committee and each of them shall be fully indemnified by the Club against any loss or damage caused or liability incurred to any person or body by reason of or in connection with any act properly done or omitted in the performance of any of the duties of the said Club Committee or any Committeeperson but not in the case of such as happen to be by their own willful act neglect or default.
28. COMMON SEAL
The Common Seal of the Club shall be kept at the Registered Office of the Club and if the custody of the Secretary.
It shall be affixed only by resolution of the Club Committee and only in the presence of two (2) members of the Club Committee and the Secretary who shall subscribe their names and Offices thereto as witnesses.
29. ALTERATION TO THE RULES
These Rules may be amended, added to or rescinded only at an Extraordinary General Meeting or at an Annual General Meeting. by a majority vote of the voting members present, provided that particulars of the proposed alteration shall have been given to each member with the notice of the meeting at which the proposed alteration or alterations are to be considered. Only the alteration as notified to members shall be considered. No addition to or alteration of the non profit aims, personal benefit clause or the winding up clause shall be made which affect the tax exempt status. The provisions and effect of this clause shall not be removed from this document and shall be included into any document replacing this document.
30. DISSOLUTION
The Club shall not be wound up unless a motion to that effect has been passed by a majority of the members present and entitled to vote at an Extraordinary General Meeting convened for that purpose and in accordance with the provisions of the Incorporated Societies Act 1908 and its amendments.
(i) Upon winding up any surplus assets remaining after the settlement of all liabilities shall be disposed of to such trustees, club, institution or organisation for the benefit and advancement of any organisation having similar objects to this Club or to such recognised charitable institution as the Extraordinary General Meeting may decide or be disposed of in such other manner as the meeting shall decide.
31. REGISTERED OFFICE
The location of the Registered Office of the Club shall, from time to time be determined by the Club Committee which shall notify the Registrar of Incorporated Societies accordingly.
Amendments August 2007
RULE 2 (i) AIMS AND OBJECTS
The paragraph “To promote foster protect and advance the interests of pleasure boat owners, to develop and encourage a high standard of seamanship and safety at sea, to provide a medium of exchange of boating information, to stimulate a greater interest in pleasure boating and develop a fraternal spirit among pleasure boat owners, to promote and undertake training educational and social activities related to pleasure boating and to develop such boat storage (hauling out and launching facilities as may be appropriate).”
To be deleted and replaced by the following:-
“To promote within the community, foster, protect and advance the interests of pleasure boat owners and other members, to develop and encourage a high standard of seamanship and safety at sea, to provide a medium of exchange of boating information, to stimulate a greater interest in pleasure boating and community events, also to develop fraternal spirit among pleasure boat owners and other members, to promote and undertake training, educational and social activities related to pleasure boating and other community events.”
RULE 2 (x) AIMS AND OBJECTS
The paragraph “To guarantee the performance of any obligation contract or undertaking provided however that no guarantee or commitment which may render the Club liable to the payment of a sum in excess of five thousand dollars ($5,000) shall be given without first obtaining the approval of a General Meeting.”
To be deleted and replaced by the following:- “To guarantee the performance of any obligation contract or undertaking provided however that no guarantee or commitment which may render the Club liable to the payment of a sum in excess of ten thousand dollars ($10,000) shall be given without first obtaining the approval of a General Meeting.”
RULE 17 CONTRACTS
The paragraph:-
“All works, erection of buildings, formation of ramps, jetties, reclamation and marinas, all works in and around any piece of land that is occupied by the Club or the purchase of any vessel, machinery or equipment the cost of which exceeds Five Thousand ($5,000) Dollars in any one contract shall be the subject of a resolution passed at a properly constituted Extraordinary or Annual General Meeting and all such contracts shall be executed under the Common Seal of the Club.”
To be deleted and replaced by the following:-
“All works, erection of buildings, formation of ramps, jetties, reclamation and marinas, all works in and around any piece of land that is occupied by the Club or the purchase of any vessel, machinery or equipment the cost of which exceeds Ten Thousand ($10,000) Dollars in any one contract shall be the subject of a resolution passed at a properly constituted Extraordinary or Annual General Meeting and all such contracts shall be executed under the Common Seal of the Club.”
Amendment to the Rules 15 February 2011
This will be in the form of an addition to rule 2 "Aims and Objects:-
Rule 2
(xii) Personal Benefit
"Any income, benefit or advantage shall be applied to the objectives of the organisation. No member of the organisation or any person associated with a member, shall participate in or materially influence any decision made by the organisation, in respect of the payment to or on behalf of that member or associated person of any income, benefit, or advantage whatsoever. Any such income shall be reasonable and relative to that which would be paid in an arms length transaction (being open market value).
And 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."
And an alteration to Rules, Clause 29, adding these paragraphs:-
Rule 29
"No addition to or alteration of the non profit aims, personal benefit clause or the winding up clause shall be made which affect the tax exempt status.
The provisions and effect of this clause shall not be removed from this document and shall be included into any document replacing this document."
A BIT OF HISTORY
(Re-start of the Omokoroa Boat Club)
By Terry Edwards - Commodore Omokoroa Boat Club 1984 - 1986
Prior to me joining the Omokoroa Boat Club in 1974, the club had been in recess for eight years. They had over eight hundred dollars in the club kitty, held by Warren Harrison, so a decision had to be made as to whether the club closed or carried on. Alan Crapp and Murray Harrison (no relation to Warren) dropped off a newsletter to every home in Omokoroa, asking who wanted to join and support the club. Thanks to them, the decision was made to re-start the club.
We were then holding our meeting and social gatherings in the old smoko shed by the slipway. Then we held meetings and social activities at the old Omokoroa Volunteer Fire Station. Members were talking, then, thirty years ago, of having our own clubhouse. When I joined I met some of the older generation club identities and I enjoyed soaking up the knowledge they had of the harbour and areas.
Later we moved to Jim and Bev McGregor's house on The Esplanade which conveniently had a bar and basement. This was a very comfortable clubhouse.
Many times the club came close to calling it a day, as it was hard to hold members together without clubrooms, although we were able to use the Settlers Hall for any large functions e.g. the annual Cabaret.
After we decided to go for our very own Clubhouse, many of us spent hundreds of hours with the Western Bay Council, Harbor Board and the local Iwi and then things began to gel. Many sites were discussed, one was by the Omokoroa Hall, then the Domain, and when the foreshore was suggested we expected to be shot down in flames.
The fundraising began; full on, with galas in the car park, formal dinners by our own Omokoroa chef John Houghton, raffles, fishing contests, cabarets etc. In between all these, we still managed to muster 10 to 20 boats and travel to Kawera, Mayor, up the Wairoa River before the dam burst and also to the Bowentown Boat Club, who always made us welcome - sometimes too welcome (till 3 a.m.) and we would spend the night there. Water skiing was very popular in the 70s & 80s and we would moor off Motuhoa, Matakana & up Hunter's Creek and finish the day off with a barbeque on the beach.
With the help of many local and Tauranga businessmen and donations of money and products and thousands of hours of labour from members, member's wives and locals, the boat club was built. During Stan Hoskins and also my term as Commodore, we became debt free. This was after three years. What a great moment for the club.
30 years later I still see the strong community support and obviously, I see a tremendous improvement in the facilities. The on going commitment to the club is a credit to the past and present committee members. It is a pleasure to be a member of the Omokoroa Boat Club.
Omokoroa Harbour memories
By Terry Edwards - Commodore Omokoroa Boat Club 1984 - 1986
When asked for a few comments on the history of the club it brought back memories of our incredibly beautiful harbour and how much it has changed in such a short time. Memories of what I used to see and miss seeing today, like the orcas and dolphins playing and feeding off Motuhoa. Acres and acres of kahiwai and trevally travelling down the channel between Matakana and Motuhoa. Thousands of young stingray resting on the sand banks leading to the entrance to the Wairoa river. The huge grandfather stingrays that I would drift along with off flax point in the shallows. I would watch the kingfish follow on each wingtip having an easy feed as the wingtips disturbed the sand. In Bluegum Bay you could see the fins of large schnapper feeding on shellfish, crabs and small flounder.
Across at Aongatete I used to net for flounder and after DDT was banned the crabs and shelfish made a rapid recovery. The flounder did also and then they were seen by the thousands, sliding over and into the shallow creeks. It was handy to know someone with local knowledge, especially for night fishing. I was priviliged to know two flounder fishermen- Mick Jenner, who fished Katikati and Boyd Parrott, who fished Pahoia and Aongatete.
One high for me was when a marlin leapt out of the water next to our boat 200 yards off Ruamoana subdivision. It was evening, I hadn't been on the "turps" and I have witnesses. Crayfish were in abundance in a certain part of the harbour, large ones too. I didn't believe it until I saw them for myself. On the channel banks by Motuhoa were parori , (black schnapper), by the ton and they fed on the sea lettuce and seaweed, (food for thought) - There were also mullet, dogfish, gurnard and trevally. Closer to home - by the jetty you could watch the huge kingfish swim around and underneath. Some of the old identities would have a go at gaffing them on spears and would put a loop around their wrist - If the kingfish didn't straighten the gaffe out it certainly straightened their wrist!! Even then people thought it fantastic to watch these giants and smaller ones swim around, only inches from the edge of the wharf. Other people would catch them. When we swam with our children, we saw squid, octopus, sea anaemones, both red and yellow ones, sea horses, blue mau mau even barracudas and all the others that inhabit jettys.
When one notes the condition of our harbour and its environs now, it is obvious to us that we need to consider the future of our aquatic life and think of our next generations. We have seen in the past few years many events which have altered our harbour - The Sulphur Point reclamation, changing the tidal flow - the dredging of the harbour - the Ruahihi dam disaster - new subdivisions that allow silt into the harbour because of inadequate drainage - septic tank run off, because the ground is saturated from too many in an area too small - agricultural and residual run off and possibly the worst offending is the run off from roading around the harbour. Some countries use wool bales as scourers placed at the drains entering the harbour. We may still have a fantastic club house over the water in 30 years time but will there be any marine life left in the water. Boat clubs need to say "enough is enough". If we need marine sanctuaries to enable our grandchildren to see the marine life we have seen, then lets have some "no go" fishing areas in our harbour - or maybe I am just dreaming !!!
Like the Native American proverb - we don't inherit the earth from our ancestors - we borrow it from our children.
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Sailing Starts Sunday 27 September 2009.
Be down at the Club at 12 noon.