The Constitution
Containing revisions made in 1975, 1984, 1990, 1999, 2009, and 2018
The Society
1. Name
1.1. The name of the Society is Tamariki School Incorporated.
1.2. The Society was incorporated under the Incorporated Societies Act 1908 on the 9th November 1966.
2. Registered Office
2.1. The Registered Office of the Society is Tamariki School, 86 St Johns Street, Bromley, Christchurch (Incorporated Societies Act 1908, s18).
3. Purposes of the Society
3.1. To undertake the role of the Proprietor of Tamariki School and carry out all responsibilities and obligations that may be required of a Proprietor of a state integrated school, as defined by the Education Act 1989 or any act in substitution thereof (Education Act 1989, Part 33).
3.2. To provide an environment where children from the age of five years onwards may learn in their own way under appropriate guidance, in accordance with the statement of The Special Character of Tamariki School (Education Act 1989, 5414(1a); s416; refer The Special Character of Tamariki School statement).
3.3. To protect the Tamariki Special Character and maintain the understanding and implementation of it amongst the community of parents, staff and children (Education Act 1989, 5414(1a); s416; 456(1)).
3.4. To manage the school buildings and land to a minimum standard by being responsible for insurance, large value maintenance and property development (Education Act 1989, 5447(3b); s447(4); 5456; s458; s462).
3.5. To acquire, hold, sell or otherwise dispose of real and personal property and to borrow moneys, whether on security of such property or otherwise, and to issue debentures or otherwise secure the repayment of money lent to the Society (Education Act 1989, 5414(1b); 5434 - 5437; 5447(3c); s456; 5460 - 5462).
3.6. To request attendance dues and financial contributions as shall be set by the Society for the Proprietor's purposes (Education Act 1989, 5447 - 5454; 5470).
3.7. To carry out other fundraising activities for the Proprietor's purposes (Education Act 1989, 5451 - 5454; 5470).
3.8. To be in partnership with the Tamariki School Board of Trustees on matters relating to the Tamariki Special Character and property (Education Act 1989, 5416, 5440, 5455 - 5457, 5459, 5463, 5469). The Proprietor's responsibilities include:
a. To monitor and safeguard the delivery of the Tamariki Special Character at Tamariki School (Education Act 1989, 5416; 5417; s422; 5426; s429; 5440; 5456; 5457; s459).
b. To respect that the school's curriculum and teaching methods are under the authority of the Principal of Tamariki School (Education Act 1989, 576; 5416; 5444; s456(2i); s459).
c. To participate in the appointment process for the Principal and teachers (Education Act 1989, 5463; 5467 - 5469; refer Tamariki School Inc. Integration Agreement 1990, s14).
d. To determine preferential status for enrolment at Tamariki School (Education Act 1989, 5442; refer Tamariki School Inc. Integration Agreement, s9).
e. To apply to the Ministry of Education to set the maximum roll number for Tamariki School and monitor roll growth (Education Act 1989, 5422(1e); refer Tamariki School Inc. Integration Agreement).
3.9. To set subscriptions and recover costs from membership.
3.10. To provide discussion and consultation opportunities for the Tamariki community
related to the Tamariki Special Character, property and other matters.
Society Membership
4. Number of Members
4.1. The Society must maintain at least 10 current members on its register.
5. Becoming a Society Member
5.1. Current Society members may maintain their membership by completing a renewal of membership form and paying the annual subscription by the day of each AGM. Lapsed membership may be reinstated by completing a new member form.
5.2. Membership of the Society shall be granted to persons with a history of current or previous involvement with Tamariki School, who complete a membership application form, have their membership applications minuted at a Society meeting, and pay an annual subscription of $1.00 to the Secretary of the Society. Members are entitled to vote at meetings once all the preceding requirements have been met.
5.3. Completion of a new membership application or renewal of membership form is deemed to constitute consent to membership of the Society.
5.4. All members of the Society shall uphold the Tamariki Special Character.
6. Cessation of Membership
6.1. A member shall cease to be a member of the Society immediately upon the tender of their written resignation to the Secretary.
6.2. A member may be deprived of membership of the Society at a Special General Meeting of the Society, by consensus if possible, or by a two thirds majority vote. The Principal of Tamariki School must be specifically notified about the business of this Special General Meeting.
6.3. Unless renewed and the annual subscription paid, memberships lapse one month after the AGM. A new membership application must then be completed if the person wishes to re-join the Society.
7. Register of Members
7.1. The Secretary shall keep a register of members with their names, contact details and start date of their membership. Members must inform the Secretary of any changes to their contact details as soon as possible, and these will be updated on the register as soon as practicable.
Society Meetings
8. Society Meetings
8.1. A Society Meeting is either an Ordinary (General) Meeting, an Annual General Meeting or a Special General Meeting.
8.2. A meeting may be held by:
a. coming together at a specified time and place; or
b. by participating in the meeting by means of audio, audio-visual or electronic communication; or
c. by a combination of the methods in a. and b
9. Ordinary Meetings
9.1. Ordinary Meetings shall be held at least once per school term.
9.2. Seven clear days' notice of the date, time, place and agenda of every Ordinary Meeting of the Society shall be sent by the Secretary to every member by email.
9.3. Six members shall be required to form a quorum at every Ordinary Meeting.
10. Annual General Meeting
10.1. The Annual General Meeting shall be held not later than the 30th of June. At least six weeks' notice of the time, date and place of every Annual General Meeting shall be sent to all members by the Secretary by email.
10.2. Written notices of motion by any members of the Society must be in the hands of the Secretary at least twenty-eight days before the date of the Annual General Meeting at which such motion is to be proposed.
10.3. Fourteen clear days' notice of the date, time and place of every Annual General Meeting specifying the business to be transacted thereat, shall be sent by the Secretary to every member of the Society by email.
10.4. Ten members shall form a quorum at every Annual General Meeting.
10.5. The business of an Annual General Meeting shall be:
a. Receiving any minutes of the previous AGM
b. The Chairperson's Annual Report on Society business and activities
c. The Treasurer's report on Society finances and the audited Annual Financial Statement
d. The report of the Proprietor's Representatives on the Tamariki School Board of Trustees
11. Special General Meeting
11.1. A Special General Meeting may be held at any time appointed by an Ordinary Meeting or by an Annual General Meeting of the Society, or within twenty-eight days of the receipt, by the Secretary, of a written request for such a meeting signed by not less than three members of the Society, including the notices of motion to be proposed at the meeting.
11.2. Fourteen clear days' notice of the date, time and place of every Special General Meeting specifying the business to be transacted thereat, shall be sent by the Secretary to every member of the Society by email.
11.3. Ten members shall be required to form a quorum at every Special General Meeting.
11.4. The Special General Meeting shall only deal with the business for which it was
requested.
12. Chairing Meetings
12.1. All Society Meetings shall be chaired by the Chairperson.
12.2. If the Chairperson is absent or unable to chair the meeting, the Society shall elect another Officer (or general member if no Officer is available) to chair the meeting.
13. Voting at Meetings
13.1. Only financial members of the Society may vote at a meeting of the Society. Each member, whether an individual or a corporate body, shall have one vote.
13.2. Votes shall usually be determined by a show of hands.
13.3. A secret ballot may be held as determined in good faith by the Chairperson. The Secretary, Chairperson, and Principal (or another Society Officer in the absence of any of these) shall administer any secret ballots. The vote tallies of a secret ballot must be declared.
Society Officers
14. Roles of Society Officers
14.1. The Officers of the Society shall be:
a. The Chairperson who convenes and chairs meetings of the Society, prepares meeting agendas with the Secretary, ensures that the rules are followed and provides an Annual Report at each Annual General Meeting.
b. The Secretary who keeps a register of members, prepares and circulates notices and agendas for Society meetings, keeps minutes of Society meetings, advises the Registrar of Incorporated Societies of any rule changes, advises Charities Services of updated Society details, submits the Annual Return to Charities Services (Charities Act 2005, 541) and holds the common seal (official stamp) of the Society.
c. The Treasurer who keeps proper financial records, ensures moneys are banked and accounts paid, reports to Society Meetings, prepares the annual financial statements and arranges audit of these; submits audited reports to Charities Services and attendance dues reports to the Ministry of Education (Education Act 1989, s450; 5453(b); Charities Act 2005, 541; 542A - 542F; Incorporated Societies Act 1908, s23(4b)).
14.2. The Principal of Tamariki School shall be appointed as an ex officio Officer of the Society.
14.3. The Society may also elect other officers; these may include:
a. Special Character Officer
b. Property Team Leader
c. Fundraising Officer
d. Parent Representative
e. Staff Representative
14.4. A member may hold more than one officer role, and any role may be shared between two or more members.
14.5. All Officers must meet Charities Services requirements for office holders (Charities Act 2005, s13b; s16).
15. Election, Appointment and Resignation of Officers
15.1. Officers shall be elected by the Annual General Meeting. All Officers will serve for a one-year term and are eligible for re-election.
15.2. Further members may be appointed as Officers at a Society Meeting either for specific roles or for specified duties or specific terms of office. Any appointed officers shall have the same rights and responsibilities as an elected officer.
15.3. Should a vacancy occur in an officer role between the dates of the Annual General Meetings, the Society has the power to fill the vacancy until the next Annual General Meeting, by electing a member to that role at a Society Meeting.
15.4. Should any Officer of the Society be absent from more than three consecutive meetings of the Society without furnishing a timely and reasonable explanation of their absence to the Secretary, the Society may resolve that they be deemed to have resigned from their officer role and may proceed to fill the vacancy thus created.
16. Proprietor's Appointees
16.1. The Society will appoint two Society members as Proprietor's Appointees on the Tamariki School Board of Trustees (Education Act 1989, s94; 394A; 5440(4); 5463; s469).
16.2. The Proprietor's Appointees will attend Board of Trustees and Society meetings.
17. Patron
17.1. A Patron of the Society may be appointed from time to time by the decision of members at an Annual General Meeting provided that nothing in this clause shall be deemed to require the appointment of a Patron at any time.
Common Seal
18. Common Seal
18.1. The Common Seal of the Society shall be a stamp of a design approved by the Society.
18.2. The Seal shall be kept by the Secretary who shall fix it to any deed or document only upon resolution of the Society at a Society Meeting.
18.3. The affixing of the Seal shall be counter-signed by the Secretary, the Chairperson, the Principal and one other member of the Society (Incorporated Societies Act 1908, s6(1h)).
Financial Control
19. Control of Funds
19.1. Any income, benefit, or advantage of the Society must be used solely to advance the charitable purposes of the Society.
19.2. Any payments made to a member of the Society, or person associated with a member, must be for goods or services that advance the charitable purpose and must be reasonable and relative to payments that would be made between unrelated parties.
19.3. The Society, through decisions made at Society Meetings, shall control the use of the funds of the Society.
19.4. Two signatures or online authorisations are required for any payments made from the Society accounts. Three or more signatories/authorisers shall be appointed and approved by a Society Meeting.
20. Financial Year
20.1. The financial year of the Society shall end on the 31st of December.
Bylaws
21. Bylaws of the Society
21.1. The members of the Society may, by resolution in a Society Meeting, make, alter or rescind bylaws for carrying out the purposes of the Society (Incorporated Societies Amendment Act 1953, 54)
Altering the Rules
22. Alterations to the Rules
22.1. These rules or any of them may be altered, added to or rescinded at any time by two thirds majority of the members present and voting at a Special General Meeting (Incorporated Societies Act 1908, s21).
22.2. Written notice of the proposed amendment signed by the proposer and seconder of the amendment must be given to the Secretary at least twenty-eight clear days before the date of such meeting.
22.3. Notice of the meeting, including notice of the proposed change and reasons for the proposal, shall be circulated to members by the Secretary.
22.4. When a rule change is approved by the Society Meeting, no rule change shall take effect until the Secretary has filed the changes with the Registrar of Incorporated Societies and Charities Services.
Winding Up
23. Winding Up
23.1 In the event of a decision of a simple majority of the current financial members of the Society, present at a Special General Meeting, that the Society be wound up, then a second Special General Meeting shall be called, not less than thirty days following, in order to put the motion to confirm the earlier decision in accordance with Section 24 of the Incorporated Societies Act 1908.
23.2. If any property remains after the winding up or dissolution of the Society and the settlement of all the Society's debts and liabilities, that property must be given or transferred to another organisation that is charitable under New Zealand law or for some other charitable purpose recognised under New Zealand law, this should be a like-minded group if possible (Incorporated Societies Act 1908, s27; Education Act 1989, 5434 - 5437).