1977 proposal but never officially completed and lodged with Companies Office

POINT CHEVALIER SAILING CLUB (INCORPORATED)

RULES (REVISED)

1977

1. The name of the Club shall be "The Point Chevalier Sailing Club Incorporated, hereinafter referred to as "the Club".

(a) To encourage the sport of yachting generally and such other purposes connected with yachting as may be resolved from time to time.

(b) To promote the development and general welfare of the Club as the members shall from time to time deem necessary or expedient.

3. The Club is an amateur organisation and the Amateur Rule of the International Yacht Racing Union as defined from time to time shall form an integral part of these Rules.

4. The Club shall consist of such yacht owners and other persons interested in yachting as the Committee may elect, and shall comprise Honorary Life Members, Life Members, Senior Members, Intermediate Members, Junior Members, Family Members, Honorary Members and Associate Members.

5. The Registered Office, of the Club shall be at the Clubhouse, Joan Street, Point Chevalier, Auckland, 2, or such other place as may be determined.

OFFICERS AND COMMITTEE

6. The Officers of the Club shall consist of a Patron, Vice-Patrons, President, Vice-Presidents, Commodore, Immediate Past Commodore, Vice-Commodore, Rear Commodore, Secretary, Assistant Secretary, Treasurer, Clubhouse Captain, Honorary Auditor, three trustees, together with such Honorary Officers as may be deemed necessary for the efficient working of the Club.

7. There shall be a General Committee (hereinafter called "The Committee") consisting of the President, Flag Officers, Immediate Past Commodore, Honorary Secretary, Honorary Assistant Secretary, Treasurer, Clubhouse Captain, other Officers appointed at the Annual Meeting and twelve ordinary members.

8. All Officers and the Committee shall be elected annually at the Annual General Meeting. Should any office become vacant, such vacancy shall be filled at a Special General Meeting. All such elections shall be by ballot. Any office bearer ceasing to be a member of the Club shall, inasmuch, cease to be an office bearer.

9. All nominations for Flag Officers and Executive Officers must be received by the Secretary in writing seven clear days prior to the date appointed for the Annual General Meeting.

10. Any candidate wishing to have a recount of the ballot of any election may do so by giving notice in writing to the Secretary within forty-eight hours after the election. The voting papers shall be kept sealed for such purpose.

11. When a ballot is not expressly provided for by these rules, all questions shall be decided by a show of hands, provided always that three members may demand a ballot before the question is put to the vote.

12. No person shall be eligible for election to any of the positions filled at the Annual Meeting if such person holds any elective office in any organisation pursuing aims similar to the Club, excepting only honorary positions such as Patron, Vice-Patron or Vice-President.

13. No person, except honorary officers, shall be eligible for election to any office unless in the opinion of the General Committee he is capable of efficiently carrying out all the duties of such office and unless he is personally prepared to accept full responsibilities of such office.

14. The Committee shall elect the following sub-committees at the first Committee Meeting in each year: Race Management, Handicapping, Finance, Social, Ladies, Properties, Junior and such other sub-committees as may be deemed necessary.

15. The Race Management Committee shall consist of one Flag Officer and not less than three other members. It shall have power to appoint any members of the Committee or Club as Racing Secretary, Officer of the Day and such other officials as may be required to ensure the efficient operation of the Club's racing activities in conformity with the powers vested in them by the Committee.

16. The Handicapping Committee shall conduct their affairs in conjunction with the Race Management Committee, and shall comprise such number of persons as may be required from time to time. No person, however, shall be permitted to handicap any class he is directly interested in.

17. The Finance Committee shall consist of the Treasurer, Commodore, Secretary and the Chairman of each Sub-Committee.

18. The Social Committee shall consist of one Flag Officer, a Social Secretary, and not less than four other members. They shall arrange and manage all social functions, subject only to the rulings of the General Committee.

19. The General Committee shall elect a Ladies Committee whose duty it shall be to organise functions and activities of special interest to the lady members of the Club.

20. The Properties Committee shall consist of the Clubhouse Captain and at least three other members, whose duty it will be to report to the General Committee from time to time on the condition of the buildings and properties vested in the Club.

21. The management and control of the affairs of the Club shall be vested in the General Committee which may exercise all powers and do all acts and things which may be exercised or done by the Club, and which are not expressly directed or required to be exercised or done by the Club in General Meeting assembled, or are subject to the consent of the Trustees.

22. The General Committee shall have power to engage, control and dismiss the Club servants and paid officials, and exercise such administrative powers as may be necessary to affect the purposes of the Club.

23. Without prejudice to the general powers of the General Committee, it is hereby expressly directed that the Committee shall be entrusted with and may exercise and perform the following powers and duties, subject to the consent of the Trustees being previously given:

(a) To purchase lease or acquire for the Club any real or personal property or any rights or privileges which the Club shall decided to purchase or acquire at such price and generally upon such terms and conditions as they think fit, and to give and execute mortgages over the land purchased or acquired for the balance of the purchase monies upon such terms and conditions as the Committee shall think fit.

(b) To purchase, construct, lease and maintain buildings, fences, machinery, boats and other works as they may consider necessary for the use of the Club, and to lease and accept leases of any land easements or tenements and to purchase, let or sell lands or any interest therein for such terms and conditions and upon such rental as they shall think fit, provided that no lands shall be purchased without the approval of the Club in general meeting assembled.

(c) To borrow or raise money, upon mortgage of the real or personal property of the Club or any part or parts thereof or upon debentures or mortgage debentures, charging the whole or any part of the assets of the Club and to execute mortgages to secure such debentures or mortgage debentures or to borrow from bankers or other persons with or without security.

(d) To enter into all such negotiations, contracts and agreements in the name of and on behalf of the Club as they may consider, expedient for the purposes of the Club.

(e) To invest the funds of the Club on real or personal property in such manner as they shall think fit.

24. The Committee shall provide a Common Seal for the Club and make regulations for its safe custody and use, and make and execute all such instruments and assurances, as may be necessary, provided that the said Common Seal shall not be affixed to any instrument except in pursuance of a resolution of the Committee for the time being in the presence of two members of the Committee and the Secretary for the time being. The Common Seal shall be in the custody of the Secretary of the Club, by whom it shall be affixed.

25. It shall be the duty of the President to preside at all Annual and Special General Meetings of the Club.

26. It shall be the duty of the Commodore to preside at all Ordinary Meetings of the Club. He shall have command of the Club.

27. It shall be the duty of the Vice-Commodore to assist the Commodore in the discharge of his duties, and in his absence to officiate in his stead.

28. It shall be the duty of the Rear Commodore to assist the Commodore and Vice Commodore in the discharge of their duties and in their absence to officiate in their stead.

29. In the absence of the President or Flag Officers it shall be obligatory on the member who may be elected thereto by a majority of the Members present to take the Chair at any meeting of the Club.

(a) To keep a true record of all meetings of the Club in a book provided for the purpose.

(b) To file all documents, records, reports and communications with the Club and to bring them before such meetings as may properly deal with them.

(e) In the case of inability to attend any meetings, to cause the necessary books and papers to be conveyed to the place of meeting.

(d) To notify the Honorary Treasurer immediately after the Annual General Meeting of the members then liable for the Annual dues and also during the year to notify him of the election of new members.

(e) To provide the Chairman at each meeting with a list of members who are entitled to vote at that meeting.

(a) To receive all monies due to the Club and pay all bills contracted by it when passed for payment by the General Committee, keeping a correct account of same in books provided for the purpose.

(b) To produce at each Committee Meeting a statement of accounts, and at the Annual Meeting an Income and Expenditure Account covering the receipts and disbursements of the past year and a Balance Sheet setting forth the Assets and liabilities of the Club as at the date of balance. He shall also submit a report generally upon the financial position of the Club.

(c) He shall have the custody of the funds of the Club, and he shall keep accounts of the same in such manner as will at any time clearly show the true financial position of the Club.

(d) All monies collected by the Treasurer shall be placed in a Bank approved by the General Committee to the credit of the Point Chevalier Sailing Club Incorporated within 96 hours after receipt of same. No payment or purchase exceeding $5 (five dollars) shall be made except by order of the Committee. Withdrawal vouchers are to be signed by any two of the following signing conjointly: Commodore, Treasurer and Secretary. No money may be paid out by any other member of the Club, unless with the authority of the General Committee. The Treasurer shall be empowered to endorse all cheques or bills payable to the Club.

(a) To be in charge of the Clubhouse and facilities and be responsible for their maintenance in good repair and in clean and good condition at all times.

(b) He shall bring to the notice of the Committee from time to time any repairs or improvements that in his opinion are required.

(c) To see that members only use the Clubhouse and facilities. In pursuance of this, he shall have the right to request the production of any member's card.

(d) To report to the Committee any disorderly or objectionable behaviour in the Clubhouse or vicinity or on any other premises or properties administered by the Club.

(e) It shall be his duty to receive and entertain any visitors to the Clubhouse.

(f) It shall be left to his discretion to let any premises owned or administered by the Club, reporting same at the next meeting of the Committee.

(g) He shall be empowered to lend or hire out such Club furniture or equipment as he may see fit.

(h) He shall be empowered to borrow or hire on behalf of the Club such articles as he may from time to time deem advisable.

34. (a) There shall be three Trustees each of whom shall be nominated by the Committee for election at our Annual General Meeting for a term of five years. No Trustee may be removed from office before the expiration of his term of office except:

(ii) By reason of permanent departure from the city of Auckland or its environs.

(iii) By reason of being adjudicated bankrupt or being convicted of a criminal offence.

(vi) By reason of a unanimous vote of Special General Meeting calling for the dismissal of all or any one of the Trustees.

(i) To examine any proposition placed before them by the General Committee in terms of Rule 23 hereof and to give their consent of receipt the submissions or otherwise within a period of one calendar month.

(ii) They may withhold their approval and seek further information from the General Committee, in which event the period of one month in which they are required to deliver their decision shall date from the time of submission of the additional information.

(iii) Should they decline to consent to any submissions placed before them, they shall set out their reasons for same in writing for presentation to the General Committee.

(iv) Should the Trustees deem it necessary, they may attend any meeting of the Club to submit their views or recommendations on any proposed course of action coming within their terms of reference brought down by the Committee.

(v) The decision of any two of the three Trustees on any proposition coming within their terms of reference shall be binding. In the event of a negative decision, the General Committee may not re-submit to the Trustees the proposal declined for a period of at least six calendar months.

35. The Annual General Meetings shall be held not later than the 31st day of August in each year and at such meeting, the Commodore shall present a report setting out details of the Club's activities for the year under review. The Honorary Treasurer shall present the annual audited statement of accounts for the similar period for adoption.

36. The Annual General Meeting shall elect the Officers of the Club and set the rate of subscriptions for the ensuing year and transact such other business as may be necessary.

37. A Special General Meeting may be called at any time by order of the Committee or by order of the Commodore or on a requisition signed by at least fifteen financial members or three members of the Committee. Such requisition shall state the object of the meeting.

38. Seven clear days notice of an Annual or Special General Meeting shall be given members by circular or newspaper advertisement, stating the object and business of such meeting. Should any member desire to bring a motion before such meeting, the said motion shall be reduced to writing and lodged with the Secretary at least forty eight hours before such meeting.

39. The Committee shall meet monthly or as may be determined and a Committee Meeting may be called by the Honorary Secretary or by three members thereof upon giving written notice to the Honorary Secretary. All Committee Meetings shall be open to financial members who may express opinions but who have no voting rights at such meetings.

40. (a) Any member of a Committee except an ex-officio member failing to attend three consecutive meetings could cease to be a member thereof unless he shall first have obtained leave of absence for a specified period.

(b) No member of the Committee shall be allowed to vote on any question in which he is personally interested.

(c) The President, Commodore, Vice Commodore and Rear Commodore are ex-officio members of all Committees and Sub-Committees.

(d) In all disputes and matters referred to the General Committee, their decision shall be final. The only exception to this, being decisions made in respect of the Rules of Yachting. In such instances, recourse to the normal channels of appeal to the Auckland Yachting Association and the New Zealand Yachting Federation shall be retained.

41. Twelve members shall form a quorum at all Annual and General Meetings and five at all meetings of the General Committee. Unless where provided to the contrary, the decision of a majority of the votes recorded shall be binding.

42. (a) Every financial member of the Club over the age of sixteen years present at an Annual or Special General Meeting shall have one vote. In the case of Family Membership Subscribers, every member of the family covered by the subscription who is over sixteen years of age shall have one vote.

(b) Honorary Life Members and Life Members present at Annual and Special General Meetings shall each have one vote.

(c) The Chairman shall, where a ballot is not expressly provided for in the rules, decide upon a show of hands in the first place, provided however that any three members may demand a ballot.

(d) The Chairman of any meeting of the Club where there is an equality of votes, shall have a casting vote in addition to his individual vote.

(e) Refer to Rule 39 paragraph 2 re-voting right of financial members at committee meetings.

43. The funds and property of the Club shall be solely devoted to the objects specified in Rule 2 hereof and no pecuniary gain shall be derivable by any member from the operations or property of the Club except as a salaried officer.

44. If upon the winding up of the Club or dissolution of the Club by the Registrar of Incorporated Societies there remains after the satisfaction of all its debts any liabilities any property or proceeds therefrom, the same shall not be paid or distributed among members of the Club, but shall be given to some other Club or aquatic body having for its objects the carrying on of some form of aquatics to be determined by a majority of the members of the Club at the time of its winding up or dissolution by the Registrar.

45. At the end of each financial year, the Finance Committee shall prepare a recommendation to the Annual General Meeting, as to the transfer of cash surpluses held in the Club's various bank accounts to a special Reserve Fund. Such Reserve Fund shall not be used for any purposes except by vote of a majority of three fourths of the members present and voting at any Annual General Meeting or Special General Meeting called for this purpose.

46. The Club's books shall be audited in July of each year. The Committee is empowered to arrange an audit at any time.

47. An audited balance sheet and income and expenditure account showing the true financial position as at the 30th of June in each year shall be presented to the Annual General Meeting of the Club. Any Special Purpose bank accounts opened for any reason shall also be subject to audit and the requirements for the Club's main account.

48. No salary or remuneration shall be paid to any officer of the Club except on a recommendation of the Finance Committee to the Annual General Meeting or a Special General Meeting called for that purpose. Such meeting may reduce but shall not increase the amount of any honorarium recommended by the Finance Committee.

49. A candidate for membership must complete a form of application, pay his subscription and then be proposed by one member and seconded by another who must be personally known to the proposer and a record of the nomination shall be kept in a book provided for that purpose.

(c) The names of candidates proposed at any Annual General or Special Meeting shall be brought before the next meeting of the General Committee for election.

(d) No person who has been struck off the membership roll for non-payment of subscriptions, fees or dues shall be eligible for re-election until such subscriptions, fees or dues have been paid in full.

(f) Any member wishing to resign from the Club shall give notice in writing to the Honorary Secretary to that effect and pay all arrears due up to the date of such notice.

(g) Any member leaving Auckland, on giving notice to the Honorary Secretary, may have, his name placed on the list of "Members Abroad” free of subscription until his return, provided that otherwise he has complied with the Rules and shall be re-admitted on payment of subscription for the current year without ballot or entrance fee provided he does so within three months of his return.

(h) If representations be made to the Committee that the conduct of any member, either in or out of the Clubhouse or in or on any property owned or administered by the Club, is injurious to the character and interests of the Club, a Special meeting of the Committee shall be summoned to inquire into the matter. Should the Committee deem it necessary, they may request the member to attend at a meeting, due notice of which shall be furnished to him. On receipt of such notice it shall be obligatory upon the member so notified to appear before the Committee. If the Committee think the circumstances require it, a Special Meeting of the Club may be called to consider the question of expulsion.

(i) The Club shall have the power of expelling any member by ballot at any Special General Meeting, notice of which shall have been given. To have effect, a motion for expulsion must be carried by a majority in the proportion of three to two in favour.

50. No person, unless he is a financial or an Honorary or a Life Member may take part or join in any of the Club functions, except at the invitation of the Committee, or in open events.

51. All members shall be amenable to the Rules, regulations and by-laws of the Club.

52. Any person may be admitted as an Honorary Member upon his being proposed by a member of the Club in the following manner:

(a) His name, address and occupation must be entered in a book provided for that purpose and kept in the public room of the Club. Such entry must be signed by his proposer and his admission approved by two members of the General Committee, expressed by their signatures. He shall then be notified by the Honorary Secretary of his admission. The proposers of Honorary Members shall be responsible for the conduct of such members and for any debts incurred by them to the Club.

(b) The period for which an Honorary Member may be elected shall be three months, but the Committee may, at the request of the proposer from time to time extend the period. Honorary Members shall be exempt from subscription fees. No person, once, having been elected an Honorary Member, shall be eligible for re-election during the same season unless under special circumstances and approved of by the Committee. Honorary Members shall be amenable to the Rules, regulations and by-laws of the Club. No Honorary Members shall be permitted to entertain or introduce any visitor into the Clubhouse except with the consent of the Committee. Honorary Members shall not be entitled to vote or be eligible for office.

(c) The Committee shall have the power to revoke the admission of an Honorary Member without giving notice to such Honorary Member and without assigning any cause.

53. Members of a family may combine together and pay the one subscription fee set for Family Membership. Such group membership shall include the immediate members of a family named in the form of application or membership or advised in writing of the Honorary Secretary.

54. A Junior Member shall be one under the age of 16 years as at the 31st August (Refer Rule 59 (c) in the current membership year.

55. An Intermediate Member shall be one over the age of 16 years but under 19 years as at the 31st August (Refer Rule 59[c]) in the current membership year.

56. A Senior Member shall be one over the age of 19 years as at the 31st August (Refer Rule 59 (c)) in the current membership year.

57. Any member with recognised services to the Club extending over a period of ten years, if nominated by the Committee for that purpose, may be elected at any Annual General Meeting a life Member of the Club. Such nominations and elections shall be by ballot. A Life Membership shall only be subject to annulment under the terms of Rule 49(b).

58. Any person of outstanding note who has rendered conspicuous service to the Club or the sport of yachting may be elected an Honorary Life Member of the Club in the manner provided in Rule 57 (Life Members), provided that at no time shall there be more than five such Honorary Life Members.

59. The Annual Meetings shall have the power to fix from time to time the Annual Subscription for the ensuing year.

(a) The subscription is due on nomination and shall be paid before the candidate is elected.

(b) No person shall be permitted to exercise any right or privilege of membership until his subscription shall have been paid.

(c) The financial year of the Club for the purposes of Membership Subscriptions commences at the close of the Annual General Meeting when all members subscriptions for the year are due and shall be paid to the Honorary Treasurer. Any member failing to make payment shall have his attention drawn to Rule 50 and be notified that if his subscription be not paid by the 1st of December his name shall automatically be removed from the list of members. The committee may reinstate such member upon payment of all outstanding subscriptions.

(d) No member who is in arrears on the 1st of December with his subscription shall be entitled to the use of the Club's privileges or property, nor shall he be entitled to vote at any Meeting of the Club nor compete for any prizes nor qualify for points in any Club Race Series until his subscription be paid.

(e) Should the Committee find at any time that they have insufficient funds at their disposal to carry on the affairs of the Club, they shall call a Special General Meeting and place the financial position, together with their recommendations, before such meeting. The majority of those present and voting at such meeting shall have the power to make a levy or call on the members equal to the amount of such estimated deficiency. Notice of such levy or call shall be immediately posted to every ordinary member. Any members failing to pay such levy or call after the expiration of two calendar months from the date thereof, shall at the discretion of the Committee, have his name removed from the list of members, provided however that the Committee shall be at liberty to reinstate any member upon payment of such levy or call and upon sufficient explanation being given by such member. Provided always that such levy or call shall not exceed $5 (five dollars) per member in any one year.

ALTERATION OF RULES

60. The Rules of the Club may be amended, added to or rescinded by a resolution passed by a 3 to 1 majority of the members present at a Special General Meeting and of which Notice of Motion has been given to the Secretary of the Club in writing at least 14 days prior to the holding of the meeting. All notices of motion must be signed by the mover and seconder of same and must appear in the notice calling the meeting.

61. The General Committee shall, subject to the provisions of these Rules, have power to make and enforce such by-laws as they may from time to time, consider necessary for the efficient working of the Club.

62. No motion affecting the by-laws, rules and regulations which has been duly considered shall be brought forward again during the same season unless by consent of the majority of the members of the Club present at such meeting. A majority of three to one of the members present and voting at the meeting shall be necessary to carry such resolution.

RACING REGULATIONS

63. (a) Only boats owned and steered by members of the Club who have not lost the privileges of membership as prescribed in Rule 52 hereof, shall be eligible to compete in Club Races and qualify for points and/or trophies in any Club Series, provided however that the General Committee are empowered to suspend or vary this Rule in special circumstances.

(b) All yachts in all Club Races shall be sailed by financial Club members, provided however that the General Committee may at their discretion permit visitors to compete in single events, upon payment of special entry fees. Such visitors shall not be eligible to participate in any assessments for any Club Series of events unless after three races he becomes a Club member.

(c) All sailing events shall be sailed under the current rules of the I.Y.R.U. as amended or modified by the New Zealand Yachting Federation and/or any special sailing instructions issued by the Club.