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CONSTITUTION AND BY-LAWS

ARTICLE 1 - NAME AND OBJECTIVES
ARTICLE 2 - MEMBERSHIP
ARTICLE 3 - ELECTION. TERMS AND OFFICERS
ARTICLE 4 - GOVERNMENT
ARTICLE 5 - MEETINGS
ARTICLE 6 - VOTING
ARTICLE 7 - FINANCE
ARTICLE 8 - GENERAL


ARTICLE 1 - NAME AND OBJECTIVES [top]

Section 1 - Name of the Society

The Society shall be known as the "Fire Investigators Association of New Zealand Incorporated", hereinafter referred to as the "Association".

Section 2 - Objectives and Purposes

The Objectives and Purposes of the Association are -

(1) To unite, for mutual benefit, those public officials and private individuals engaged in the control of arson and other kindred crimes.

(2) To provide for an exchange of technical information and developments, and to be a focal point for educational, social and developmental relationships between members and organisations, thereby serving as a correlation base for attacking the arson problem in New Zealand.

(3) To encourage co-operation between public service agencies and private enterprises and associations, to further the suppression and prevention of arson in New Zealand.

(4) To encourage high professional standards of conduct among fire investigators and to continually strive to eliminate all factors which interfere with the administration of crime suppression.

(5) To foster and promote greater professional competence in investigation techniques and the recognition of the crime of arson.


ARTICLE 2 - MEMBERSHIP [top]

Section 1 - Active Membership

(1) Any person who is a representative of

(a) Government or a Government agency or

(b) A business or industrial concern

and who is actively engaged in some phase of the suppression or prevention of arson at the time application is made, or who the Membership Committee believes to be an appropriate person by way of that person's pursuits or interests, shall be eligible for Active Membership on
application, provided that the applicant (at the discretion of the Membership Committee) possesses the other qualifications for membership.

(2) All applicants for Active Membership, if accepted by the Membership Committee, shall be on a temporary basis until the next meeting of Council. During this period, a persons membership may be revoked at the discretion of Council. If the application is not rejected by Council at its next meeting, or if the temporary status is not extended at that meeting, membership shall be automatically granted.

Section 2 - Associate Membership

(1) Any person not qualified for Active Membership who, at the discretion of the Membership Committee, possesses the other qualifications for membership may become an Associate Member after determination of the Membership Committee.

(2) Associate Members shall have the privileges of Active Members except voting and holding office. The Association may, by majority vote of Active Members present, exclude Associate Members from any particular business meeting.

Section 3 - Honorary Life Membership

Council, subject to the ratification of the next Annual General Meeting, may at its discretion grant Honorary Life Membership to any member of the Association for exceptional services rendered.

Section 4 - Founder Membership

Any person who is a financial member of the Association at the time of the Charter being granted shall be deemed to be a Founder Member of the Association.

Section 5 - Service Membership

Service Membership shall be available to any serving member of the New Zealand Police New Zealand Fire Service, all the New Zealand Armed Services and other kindred organisations as may be approved from time to time by Council.

Section 6 - Personal Qualifications

(1) Prior to voting upon any application for membership, the Membership Committee shall give due consideration to the following (among other) qualifications deemed applicable, namely -

(a) The personal character and reputation of the applicant.

(b) The nature, character and reputation of the applicant's business.

(c) The character and reputation of the applicant's employer and associates.

(d) The general nature, character and reputation of the principal business of the applicant's employer and associates,

(2) No class of membership shall be granted to any person who has been a member, or is presently a member, or becomes a member of a subversive organisation whose objectives and operations are inconsistent with the purposes of the Association.

(3) No class of membership shall be granted to any person who has been convicted of a criminal offence.

Section 7 - Sustaining Membership

(1) Any company or business interest whose objectives are not in conflict with the Objectives and Purposes of the Association shall be eligible to Sustaining Membership upon payment of the prescribed fee.

(2) Funds raised from Sustaining Membership shall be used only for the educational purposes of the Association.

(3) Sustaining Membership shall not carry voting rights, but such a member may nominate any one employee or representative at that time to attend any fixture or function of the Association as if they were an Associate Member,

Section 8 - Sanction or Termination of Membership

(1) Membership of the Association shall be terminated by
(a) voluntary withdrawal or

(b) Council after giving written notice to any member who is in arrears by three months in the payment of dues or any other obligation to the Association.

(2) Council may censure or may terminate the membership of any member who:

(a) Has falsified their application or made any misrepresentation thereon or

(b) Has conducted themselves in a manner prejudicial to the good name or best interests of the Association or

(c) Has exhibited traits of character or conduct inconsistent with the qualifications for membership of the Association.

(3) Where a grievance has been submitted to the Association against a member which may cause such membership to be censured or terminated within the provisions of Sub-Section 2 herein:

(a) Where that member is also a member of the IAAI, the grievance shall be submitted to the IAAI within the provisions of Article VII Section 6 of the IAAI's Constitution and By-Laws.

(b) Where that member is not a member of the IAAI, the grievance shall be investigated by a Committee comprising the President, First Vice-president and Immediate Past-President who shall without undue delay submit their report and recommendation to Council. Where sanction or termination of membership is being considered. Council shall provide such member with an opportunity to appear before and be heard by Council. A majority of Council present shall be sufficient to cause censure or termination of membership.

Section 9 - Reinstatement of Terminated Membership

(1) A former member whose membership was canceled within the provisions of Article 4 Section 8 may be reinstated at the discretion of Council.

(2) If a former member has been in arrears in the payment of dues or other financial obligation to the Association at the termination of membership, the payment of all arrears shall be a condition of reinstatement unless Council, by majority vote and for good cause, shall waive the payment thereof-


ARTICLE 3 - ELECTION. TERMS AND OFFICES [top]

Section 1 - Eligibility For Office

(1) A member, to be eligible to hold Office:

(a) Must have been an Active Member of the Association for at least two years, and

(b) Must be an Active Member of the International Association of Arson Investigators, hereinafter referred to as the "IAAI".

(c) Must, at the time of nomination, have paid all financial dues to the Association.

(2) To be eligible to hold Office as President, a member must have additionally served at least one term as First Vice-president or Second Vice-president or alternatively two terms as a Councilor

Section 2 - Officers

The Officers of the Association shall be President, First Vice-president, Second Vice-president, Secretary and Treasurer,

Section 3 - Councilor

(1) Council shall consist of the Officers and 2 - 5 additional eligible members of the Association, to be referred to as Councilor

(2) The President of the IAAI and the immediate Past President of the Association shall be deemed to be ex-officio members of Council.

Section 4 - Terms of Officers and Councilor

(1) (a) Officers shall serve a one year term and may only succeed themselves on one consecutive occasion. Provided that this time constraint shall not apply to the Secretary and Treasurer.

(b) In the event of there being no nomination for the Office of President either in writing or from the floor of the meeting, and the encumbent President having served two consecutive terms, the encumbent President shall be eligible for election for a further third term.

(2) Councilor shall be elected for a term of one year, or until the election and qualification of their respective successors.

Section 5 - Vacancies

(1) Any vacancy in the office of President, First Vice President, Second Vice President, Secretary and Treasurer between Annual General Meetings shall be filled by Council and the appointment shall be only until the next Annual General Meeting.

(2) Any vacancy on Council, being other than an Officer, shall be filled by a member appointed by the President, and such appointment shall be only until the next Annual General Meeting.

Section 6 - Elections

The Officers and Councilor shall be elected at the Annual General Meeting.

Section 7 - Nominations

Nominations shall be in writing with the nominees acceptance signed thereon, together with the signatures of the proposer and seconder, to be submitted to the Secretary no less than 14 days prior to the Annual General Meeting. Nominations shall however be accepted from the floor
of the meeting, provided the nominee is present.


ARTICLE 4 - GOVERNMENT [top]

Section 1 - Council

The government of the Association shall be vested in Council and more than half of Council shall constitute a quorum for Council Meetings.

Section 2 - Duties and Powers

Council shall-

(a) Have full power to initiate and transact all kinds of business (including the borrowing of money) necessary to the existence of the Association and the observance of its purposes

(b) Determine the date and location of the Annual General Meeting and outline the programme of activities for such meetings

(c) Have general powers to direct and control the affairs of the Association, including the appointment of appropriate committees (where none is elected at a General Meeting) for the conduct of the activities of the Association,

Section 3 - President
The President shall -

(a) Be the Chief Executive Officer of the Association,

(b) Be responsible for the supervision and co-ordination of the Association's activities,

(c) Preside at the meetings of the Association and Council

(d) Require reports from all committees at each Annual General Meeting and as otherwise desired.

Section 4 - First Vice President

The First Vice President shall-

(a) In the absence of the President, act as Chief Executive Officer

(b) Chair the Education Committee.

Section 5 - Second Vice President
The Second Vice President shall -

(a) In the absence of the President and First Vice President act as the Chief Executive Officer

(b) Chair the Membership Committee.

Section 6 - Secretary
The Secretary shall -

(a) Keep the records and the minutes of the Association

(b) Maintain a current roll of members

(c) Be custodian of the Constitution and other documents of value of the Association.

(d) Acknowledge all communications and attend to correspondence of the Association, including that directed by the President and Council

(e) Notify all financial members of the date and location of all General Meetings

(f) Perform such other duties as assigned by the President.

Section 7 - Treasurer

The Treasurer shall -

(a) Be the custodian of the funds and financial records of the Association

(b) Disburse such funds by cheque as authorised by Council for purposes which promote the welfare and objectives of the Association

(c) Render a complete summary of all income, disbursements and balances when requested by Council, and to the members at each Annual General Meeting or upon request


ARTICLE 5 - MEETINGS [top]

Section 1 - Annual General Meeting

(1) The Annual General Meeting shall be held in each fiscal year and not later than sixteen (16) months from the previous Annual General Meeting, at a venue to be arranged by Council.

(2) Notice of the meeting shall be mailed to each member's last known address not less than thirty (30) days in advance of the Meeting.

(3) Business to be transacted at an Annual General Meeting shall include:

(a) Presidents and Committee reports

(b) Annual financial accounts

(c) Elections

(d) Such other business as may be presented to, and accepted by. the meeting.

Section 2 - Special General Meetings

(1) Special General Meetings may be called by order of Council or at the request in writing often (10) financial Active Members, at such time and place as fixed by Council.

(2) Notice of the meeting shall be mailed to each member's last known address not less than ten (10) days in advance of the meeting.

Section 3 - Quorum For General Meetings

Ten (10) members present at any General Meeting of the Association shall constitute a quorum.

Section 4 - Procedure at Meetings

When any questions on procedure that arise at any meeting are not specifically provided for herein, the presiding Officer shall be governed by the rules described in "The Law and Procedure at Meetings in Australia and New Zealand" by P E Joske.

Section 5 - General Meeting Minutes

Minutes of the proceedings of General Meetings shall be circulated to financial members and shall be confirmed -at the next General Meeting.


ARTICLE 6 - VOTING AT GENERAL MEETINGS [top]

Section 1 - Voting Privileges

Voting privileges at General Meetings shall be restricted to financial Active Members and Honorary Life Members of the Association.

Section 2 - Voting Procedures

(1) Voting at all General Meetings shall be by a show of hands unless three (3) persons present request a secret ballot. If a secret ballot is held, at least two (2) scrutineers shall be appointed (being Past Presidents of the Association or in their absence such other appropriate persons) by the meeting.

(2) The decision shall be by simple majority with the presiding Officer having a casting vote in the event of a tie.


ARTICLE 7 - FINANCE [top]

Section I - Annual Dues

Dues for Active and Associate Membership in the Association shall be for such an amount as shall be determined from time to time at an Annual General Meeting of the Association. The annual dues for Service and Sustaining Membership shall be determined by Council.

Section 2 - Audit

An Honorary Auditor shall be appointed by the Annual General Meeting to conduct an audit of the accounts of the Association for presentation at the following Annual General Meeting.

Section 3 - Gifts or Grants

All gifts and grants to the Association may be accepted by Council The Secretary shall make proper acknowledgment of all such gifts or grants.

Section 4 - Control of Funds

(1) All moneys received on behalf of the Association shall, as soon as is reasonably practicable, be placed in a bank account in the name of the Association, or invested in such a manner as Council shall determine,

(2) Withdrawal from any such account or investment shall be over the signatures of any two (2) of three (3) Officers designated by Council.

(3) No Member or person associated with a member of the Association shall derive any income, benefit or advantage from the Association where they can materially influence the payment of the income, benefit or advantage, except where that income, benefit or advantage is derived from:

(i) Professional services to the Association rendered in the course of business charged at no greater rate than current market rates, or

(ii) interest on money lent to the Association at no greater rate than current market rates.

Section 5 - Financial Year

The fiscal year of the Association shall be from the 1st January until the 31st December of each year.

Section 6 - Honorariums

The Secretary shall be paid an annual honorarium, in addition to actual expenses incurred which shall be set in advance at each Annual General Meeting.


ARTICLE 8 -GENERAL [top]

Section 1 - Amending of the Constitution

(1) The Constitution may be amended at any Annual General or Special General Meeting of the Association by a vote of two thirds (2/3) of the members present, provided:

(a) Such proposed amendment is included with a notice of such meeting, and

(b) It receives the approval of the Registrar of Incorporated Societies.

(2) No addition to or alteration of Article 7, Section 4, Subsection (3) - Pecuniary Profit Clause - or Article 8, Section 3 - Winding Up Clause - shall be approved without the agreement of the Inland Revenue Department.

Section 2 - Common Seal

(1) The common Seal of the Association shall be kept in the custody of the Secretary or President or such other Officer as Council may at any time determine.

(2) The seal shall only be affixed on the authority of Council and in the presence of a minimum of two (2) members of Council, at least one (1) of whom shall be an Officer.

Section 3 - Winding Up of The Association

In the event of the winding up of the Association in accordance with the provisions of the Incorporated Societies Act 1908, any surplus assets shall be disposed of as decided by resolution of those financial members present at the meeting called for such purposes, provided that surplus assets or the benefits thereof shall not be disbursed to members.