The full title of the association shall be the "3.7 OWNERS ASSOCIATION", herein called "the Association".
OBJECTS 1. To promote the 3.7 class Nationally and Internationally. 2. To affiliate directly or through an affiliated club to regional Yachting associations andYachting New Zealand, as soon as acceptable to those bodies, and to accept the overall jurisdiction of those bodies. 3. To govern the affairs of the class under a uniform set of rules which are approved by Yachting New Zealand.
AREA OWNERS ASSOCIATIONS The Association shall recognise as Area Owners Associations, associations of owners of 3.7 yachts exercising local jurisdiction, whose members own a minimum of six (6) 3.7s and whose constitutions are acceptable to the Association, provided that no Area Owners Association shall be recognised if its centre of operation is within 50 miles of the centre of operation of an already recognised Area Owners Association. The 3.7 Owners Association may act as the Area Association for the area in which it is based.
MEMBERSHIP The membership shall consist of amateur yachtsmen, as follows:
SAILING MEMBERS who shall be members of a recognised yacht Club (i.e.) a club which is affiliated to Yachting New Zealand. ASSOCIATE MEMBERS who are persons interested in the class but are not registered 3.7 owners.
MANAGEMENT The committee shall consist of a President, Secretary-Treasurer and not less than four (4) or more than eight (8) sailing members. A minimum number of five (5) committee members if required for a quorum.
DUTIES The committee including the President and Secretary shall have the entire management of the affairs of the Association and their decision on any matter not specially provided for by the constitution shall be final.
SUSPENSION OF MEMBERSHIP The Association may at any time cancel the membership of any member whose conduct is injurious to the character or interests of the Association. The suspension shall be for a period not exceeding the current year, but may be extended to the succeeding year at the discretion of the new committee.
FINANCIAL The Annual Balance Date for accounting purposes shall be May 31st and a financial review of the statement of accounts shall be posted to all financial members as soon as practical following the balance date.
DUES As decided by the Annual General Meeting for the ensuing year and shall be payable one month after the Annual Balance Date or at the time of acceptance of membership.
PERSONAL BENEFIT AND INCOME TAX EXEMPTION
The funds of the association are not to be used for the personal benefit of member(s), in particular all payments made by the Association are to be in accordance with provisions of the Income Tax Act 2007 Section CW46 or other Income Tax Acts that may come into force subsequently.
LIABILITY The Association shall not be liable for any debts contracted by any officer of the Association unless authorised in writing by the Association.
WINDING UP Upon the winding up of the Association or on its dissolution by the registrar, the assets of the Association shall be realised and after payment thereof of all outstanding liabilities the balance shall be applied to a not-for-profit organisation that is approved by the Department of Inland Revenue, in such manner as the majority of the members, or past-members, present at a special meeting, called for that purpose shall decide.
GENERAL MEETINGS The Annual General Meeting of the Association shall when practicable be held during the National Contest. Thirty days notice at least of any General Meeting shall be given to each member. At the Annual General Meeting of the Association the following business shall be conducted:
1. President's Report. 2. Treasurer's Report. 3. Election of Committee. 4. Striking of dues. 5. General.
SPECIAL GENERAL MEETINGS A special general meeting may be called at any time by order of the committee or the secretary or requisition signed by at least ten (10) sailing members, such requisition to state the object of such meeting.
VOTES OF MEMBERS AT GENERAL MEETINGS Each Sailing member shall be entitled to one full vote at each general meeting or in a postal ballot. Voting rights for financial Associate members shall be restricted to Constitutional matters only and this right shall not extend to matters relating to Class Restriction. The Chairman of any general or committee meeting shall have a casting as well as deliberate vote.
NEW RULES, AMENDMENTS AND ALTERATIONS Any proposed constitutional or class restriction alteration or amendment shall be submitted by the Secretary to Yachting New Zealand and Department of Inland Revenue for their approval. If approval has not been obtained from Yachting New Zealand and the Department of Inland Revenue before a vote is taken in favour of the proposed change the resolution shall not be implemented until Yachting New Zealand and Department of Inland Revenue approvals are granted. Notice of any alteration or addition to the Class Constitution or Restrictions to be proposed by a sailing member of the Association, shall be furnished to the Secretary-Treasurer in writing not less than six weeks prior to the date set for the Annual General Meeting or Special General Meeting at which the same is to be considered. Full particulars of proposed amendments, alternations or additions shall be set out in the notice convening the meeting. Any proposed alteration or addition shall be put to the vote of the meeting and provided that on a show of hands a majority of not less than 75% of votes cast by members entitled to vote in person or by proxy shall be cast in favour of such proposed alteration or addition, the same shall be deemed to be carried. The committee at its discretion may conduct a ballot by post on the question of a proposed rule change, in which case at least 75% of votes cast by post shall be cast in favour of the change for it to be deemed to be carried.
NATIONAL AND AREA CHAMPIONSHIPS The committee shall be responsible for organising and running of the National and Area Championships under the auspices of a yacht club affiliated to Yachting New Zealand and for the provision of competent officials. At least 3 months' notice shall be given to all members of such Championships. NATIONAL CHAMPIONSHIPS shall consist of a six-race series, the best five of which shall count towards individual points, over a three-or-more-day weekend using the Olympic low points system. In adverse conditions the series may be reduced to a five-race series with the best four to count. Number of starters to be taken as number of entries. All boats racing in the National or Area Championships shall have current Registration Certificates and the skippers of all boats shall be financial members of the Association. All racing shall be sailed in accordance with the English text of the IYRU Racing Rules, with Yachting New Zealand Special Provisions and Modifications, together with the Class Restrictions.
This constitution was accepted by special postal ballot to incorporate changes from the previous constitution of April 1999.
31 August, 2008.
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