Stewart 34 Owners Association Constitution
1. NAME
The name of the Association is the “Stewart 34 Owners Association”
2. OBJECTS
The objects of the S34 Owners Association shall be to
(a) promote, encourage and foster by all lawful means the development and growth of the Stewart 34 class yacht.
(b) organise and conduct racing in this class both locally and internationally.
(c) ensure that the Stewart 34 design be adhered to in full and regards to specifications, weights, lines and sail plans.
(d) arrange and conduct suitable social functions as may be decided upon by the duly elected Working Committee.
3. POWERS
The S34 Association shall have the power to do all such acts, deeds, matters and things as shall be incidental to or conductive to its objects or any of them including (but without prejudice to the generality of the foregoing words) the power to
(a) make, amend or rescind rules or regulations not inconsistent with these rules pertaining to carrying out of all or any of the objects of the S34 Association
(b) affiliate with any organisation whose objects are in the opinion of the S34 Association similar to or in sympathy with the objects of the S34 Association or whose functions may include the organisation or control of yachting whether on a provincial, local or international basis.
(c) to make such donations or other payments as it may think fit.
4. CONSTITUTION
The S34 Association shall consist of Ordinary Members, Honorary Members, Honorary Vice President, Life Members and Associate
Members.
5. MEMBERSHIP
A. Ordinary Members
All Stewart 34 Owners shall be eligible for membership as ordinary members. Only registered boat owners are entitled to vote at meetings and where more than one owner only one vote is allowed.
(a) Any application for Ordinary Membership shall be placed before the Executive Committee at its next meeting after receipt of application and the Executive Committee shall accept or reject such application. The Secretary shall notify the applicant of the result
of the application.
(b) A registered boat owner can be a member of the S34 Association when, to the satisfaction of the Committee, his boat is more than half completed.
(c) Where boats have multiple owners each owner is to have a minimum of 20% financial stake in the boat to be accepted as an Ordinary memberB. Honorary Members and Vice Presidents
(a) The Executive Committee may elect as an Honorary Member or Honorary Vice President of the S34 Association any person of distinction in public life or in relation to the sport of yachting or in relation to the Stewart 34 in particular.
(b) Any Honorary member or Honorary Vice President so elected shall be exempt from payment of the annual subscription and shall not be entitled to vote at any meeting of the S34 Association but shall otherwise be entitled to all the privileges of Ordinary
Membership.
C. Life Members
(a) Any member of the S34 Association who has in the opinion of the Executive Committee rendered exceptional service to the S34
Association and in recognition of such service is recommended by the Executive Committee for election as a Life Member of the S34
Association may be elected a life member at any general meeting of the S34 Association.
(b) A Life Member shall be exempt from any payment of the annual subscription but shall otherwise be entitled to all the privileges of ordinary members.
D. Associate Membership
Shall be invited to attend meetings but will be without voting rights
6. MEMBERS BOUND BY RULES
Every member shall be deemed to consent to and be bound by the Rules and Bylaws of the S34 Association.
7. TERMINATION OF MEMBERSHIP
(a) Any member may by notice in writing to the Secretary resign his membership of the S34 Association and shall thereupon cease to be a member of the S34 Association.
(b) Any member whose subscription shall be unpaid after the last day of the financial year in which the same fell due may by resolution of the Executive Committee be declared to have ceased to be a member of the S34 Association.
(c) The Executive Committee may upon the written complaint of one or more members of the S34 Association admonish, suspend or expel any member for conduct which in the opinion of the Executive Committee, is injurious to the welfare or character of the S34 Association or renders his membership no longer desirable, provided that no member shall be expelled unless two-thirds of the
Executive Committee at the meeting shall vote in favour of that member’s expulsion after hearing that member if they should desire
to be heard. A member has the right to appeal to a general meeting of the S34 Association if should they desire to be heard.
(d) Every person who shall cease to be a member of the S34 Association shall forfeit any right to and interest in the property of the S34 Association, but shall continue to be liable for any unpaid annual subscriptions or other moneys owed by him to the S34 Association.
8. MANAGEMENT
(a) The administration management and control of the affairs of the S34 Association shall be vested in an Executive Committee consisting of the following officers:
1. President
2. Vice President
3. Secretary/Treasurer
4. Minimum of 5 Committee members and no more than 8 (including office bearers)
(b) The Officers shall be elected from the Registered members as an Annual General Meeting and shall hold office until the next
Annual General Meeting when they shall retire but be eligible for re-election.
(c) The Officers are to act for the Association members and tasked with managing the actions required to run the Association and are authorised to make decisions on their behalf for the betterment of the Stewart 34 Association.
(d) The Executive Committee may from time to time appoint such Standing or Special Committee or sub-committee members it thinks fit and may delegate to such Committees any of the powers and duties of the Executive Committee.
(e) The Executive Committee shall furnish to each Annual General Meeting of the S34 Association a report on the affairs of the S34 Association during the preceding financial year, together with an audited (if required) Statement of Income and Expenditure and Balance Sheet disclosing the financial position of the S34 Association.
(f) In case any casual vacancy shall occur in any office the Executive Committee may appoint any member of the S34 Association to fill such vacancy, and the member so appointed shall hold office until the next Annual General Meeting.
9. FINANCIAL YEAR
The Financial Year of the S34 Association shall commence on the 1st day of August in each year and end on the 31st July in the following year. (now 1st day July to 30th June)
10. SUBSCRIPTIONS
Each member shall pay an annual subscription which is determined by the committee and fixed by the S34 Association at an Annual General Meeting
11. Signatures
The signatories of the S34 Association shall be kept in the control of the Committee and managed by the Chairperson and another Committee Member.
12. TRUSTEES
All S34 Association property shall be vested in the President, Vice President, Secretary and Treasurer for the time being who shall by virtue of their office be trustees thereof for the S34 Association.
13. APPLICATION OF INCOME
The income and property of the organisation shall be applied solely towards the promotion of the Objects of The S34 Association. No Member of The S34 Association, or anyone associated with a Member, is allowed to take part in, or influence any decision made by the S34 Association in respect of payments to, or on behalf of, the Member or associated person of any income, benefit, or advantage.
Except as provided in this Constitution: No portion of the income or property of the S34 Association shall be paid or transferred, directly or indirectly, by way of dividend, bonus, or otherwise to any Member or Committee Member; and No remuneration or other benefit in money or money’s worth shall be paid, or given, by the organisation to any Member or Committee Member except when payment is required for valid expenses or to cover promotional activities that have been agreed to.
Any payments made to a Member of The S34 Association, or person associated with a Member, must be for goods or services that advance the charitable purpose of The S34 Association, and must be reasonable and relative to payments that would be made between unrelated parties. This provision and its effect must not be removed from the Constitution and must be included in any alteration of, addition to, or revision of, the Constitution.
12. MEETINGS
(a) The Annual General Meeting of the S34 Association shall be held between 1st June and 31st August in each succeeding year, at a time and place fixed by the Executive Committee for the purpose of receiving and adopting the Annual Report and Accounts, electing of officers and transacting such other business as may be specified in the notice convening the meeting. Any member desiring to bring any special business or motion before the Annual General Meeting shall give notice to the Secretary in writing not later than twenty-one (21) days before the day fixed for the meeting.
(b) The Secretary shall at the direction of the Executive Committee or upon the requisition in writing signed by at least six (6) members of the S34 Association convene a Special General Meeting to transact such business as shall be specified in the notice convening the meeting. Notice in writing of a Special General Meeting shall be given to each member no less than seven (7) days before the date fixed for the meeting.
(c) At any General Meeting six (6) Ordinary Members personally present shall constitute a quorum. If no quorum shall be present thirty (30) minutes after the time for which the meeting has been convened the meeting shall be adjourned and re-convened at a later date.
(d) At any General meeting the President or in his absence the Vice President or in his absence some member of the S34 Association elected from the meeting shall be Chairman. The Chairman shall in all cases have a deliberative vote and in cases of equality of voting shall have a casting vote.
(e) At any General Meeting each Ordinary Member of the S34 Association have shall have one (1) vote which must be given personally. Every question shall in the first instance be determined on the voices, but if a poll is demanded it shall be decided on a show of hands. A ballot shall be held if demanded by not less than one-third of members qualified to vote and in such cases a suitable number of scrutineers shall be appointed by the meeting. The scrutineers shall conduct the ballot and certify the result to
the Chairman.
(f) Any resolution passed at a duly constituted General Meeting of the S34 Association shall be conclusive and binding upon all members of the S34 Association.
13. RNZYS
The RNZYS is to be notified in duplicate (one copy to the Race Committee) of any rule alteration or amendment.
14. ALTERATIONS OF RULE
No addition to an alteration, amendment, recision or revision of the Constitution Rules or the Class Rules of the S34 Association shall be made except by a three-quarter majority of votes from those present and entitled to vote at an Annual General Meeting or a Special General Meeting called for the purpose, the notice of such meeting shall contain particulars of the addition, alterations, recision, amendment or revision to be proposed.
15. LIQUIDATION
The S34 Association must be liquidated up if The S34 Association, at a General Meeting of its Members, passes a Special Resolution appointing a liquidator and requiring the S34 Association to be liquidated and this resolution is confirmed by further Special Resolution at a subsequent General Meeting called for that purpose and held not earlier than thirty (30) days after the date on which the resolution so to be confirmed is passed.
If upon the winding-up or dissolution of the S34 Association there remains after the satisfaction of all its debts and liabilities any property whatsoever, the property shall not be paid to or distributed among the Members of the S34 Association but shall be given or transferred to some other association, organisation or body having objects similar to the objects of The S34 Association, or to some other charitable organisation or purpose within New Zealand
16. IDEMNITY
S34 Association shall indemnify every member of the Committee, the Chairperson and other officers and employees of the S34 Association in respect of all liability arising from the proper performance of their functions connected with The S34 Association.
AS AT AGM MAY 2018