1. No one shall use the club's name in any unauthorized or improper manner.
2. The club does not condone the use of illegal copies of commercial software, or of piracy or theft of any kind.
3. The club supports the aims of the Association of Shareware Professionals (ASP).
4. Experienced members are to be prepared to help, encourage and up skill any other member in all aspects of computer use.
(a.) All club members are to be sensitive and courteous to other members, visitors and invited guests at all times.
(b.) There is to be no pornographic data presented, displayed or swapped at any official club function.
(c.) All club members are to respect the property of the club and that of any other person or organisation
(d.) Risks must not be taken when using electrical equipment: it is every member's responsibility to act in a safe manner and to make safe any unprotected hazard that is created or found.
6. A computer user who brings equipment, software or data to a club function does so at his/ her own risk. The club is indemnified against any consequential financial loss due to any misuse or malfunction, or loss or damage whatsoever of the said equipment, software or data.
7. Financial membership shall be recognized by a club-issued personal ID.
8. To do all such things as are incidental or conducive to the attainment of the above objects.
9. Any infringement of any of the above objects and rules could result in forfeiture of club membership in accordance with clauses 13 and 15 of the Constitution.
The club shall be named the Home Computer Club (Tga) Incorporated
In this constitution, unless a contrary intention appears, "Club" means "Home Computer Club (Tga) Incorporated"; "Committee" means the committee for the time being appointed under Clause 15 of this constitution; "year" means the financial year of the club which shall extend from the first day of January in any year until the thirty first day of December in the same year; "meeting" means any function organised and run by the club including monthly club meetings and advertised specific events, excluding committee meetings. Expressions relating to sending of notices 'in writing', 'posted', 'of meeting' and the like may, at the discretion of the Committee, be sent by electronic mail.
The object of the club is to promote computer awareness, increase expertise, and to benefit computer users. These objects shall be limited to New Zealand.
The Membership of the club shall be divided into three classes, namely: Full members, Family Members (Senior and Junior), Junior Members.
On the recommendation of the Committee, these categories may be varied at any annual or other general meeting. Applications for membership shall be made in writing on the prescribed form available from any officer or committee member and approved at the next ensuing committee meeting. Applicants may attend club functions whilst awaiting confirmation of membership. All classes of member shall be entitled to attend all meetings of the club, to take part in the proceedings thereof, and to receive copies of reports issued by the club; but only Full and Senior Family members who are financial shall have full rights of voting and holding office.
6. FULL MEMBERS
Full members shall be persons of 18 years of age or over. Junior members, upon attaining the age of 18 years (unless engaged in full-time study at a recognized academic establishment and under 21 years of age as at the first day of the financial year) shall begin paying the rates of a Full Member at the established annual subscription date.
7. FAMILY MEMBERS
Family members shall be persons belonging to the same family and shall consist of one or two members who would otherwise be Full members (Senior Family members) and their children under the age of 18 years who would be classified as Junior Members as described below.
8. JUNIOR MEMBERS
A Junior member shall be a person less than 18 years of age as at the first day of the financial year. Persons over 18 years of age but less than 21 years of age as at the first day of the financial year who are attending full-time school/university are also eligible for this class.
9. REGISTER OF MEMBERS
A register of members shall be kept by the Secretary and shall contain the names and addresses of all members, their classification, the date at which they became members and their area of expertise. Such information may be authorized for release to other members of the club but shall not be distributed to any other party unless required to do so by law.
10. MEMBERSHIP FEES
On the recommendation of the Committee, the Membership Fees and any Joining Fee shall be endorsed or amended at the Annual General Meeting or at a Special General Meeting in accordance with the rules herein.
Any new member shall pay a joining fee (if any) with, and additional to, their first annual membership fee.
Any Full member or Senior Family Member who is sixty (60) years of age or over shall be granted a rebated subscription which shall be set at the AGM each year.
An attendance fee will be required at each club meeting. Such attendance fee shall be set by, and subsequently adjusted by the committee for the time being as may be required by circumstances from time to time.
11. PAYMENT OF ANNUAL FEES
The annual membership fee shall become due on the first day of April in each year and if not paid by the 1st day of May in each year, shall be deemed to be in arrears. No member shall be entitled to vote at any meeting of the club whilst his/her subscription is in arrears. A member joining after 30 June shall be allowed a reduction on the annual membership fee of fifty percent. All fees are payable to the Treasurer.
12. RESIGNATION OF MEMBERS
A member shall cease to be a member of the club and shall not be entitled to have any claim upon the property of the club in the following cases:
(a) By notifying the Secretary in writing of his/her desire to resign from the club before the date of the annual general meeting.
(b) By allowing his/her subscription to remain in arrears for a period of one month, provided that any such member may, at the discretion of the committee be readmitted after paying arrears.
(c) By being expelled from the club in accordance with clause 13 hereof.
If any member shall willfully infringe any of the rules of the club of if any member shall in the opinion of the committee be guilty either in or out of the club of conduct derogatory to the character of a member, or prejudicial to the interests of the Club, it shall be in the power of the committee, provided that the majority of the same agree, to issue such discretionary ruling as deemed appropriate to such conduct. Any member charged with such conduct shall have the right to appear before the committee to offer an explanation of his/her conduct.
The Officers of the club must be Full or Senior Family members and shall consist of a President, a Secretary and a Treasurer. The Officers of the club may be nominated after the last annual club meeting and elected at the annual general meeting. Each candidate for election shall be nominated by not less than two Full or Senior Family members and all nominations must be in the hands of the Secretary at least two weeks before the annual general meeting or a Special general meeting called for that purpose. In the event of more than one nomination being received for any office, election of the Officers of the club shall be by majority ballot taken at the annual general meeting, or a special general meeting called for that purpose. If there be insufficient nominations for any office, it shall be proper for such office to be filled by nomination from the floor, and if more than one such nomination for any office, election by majority ballot at the annual general meeting or special general meeting called for that purpose or, failing that, by appointment by the Committee.
The affairs of the club shall be governed by a committee which shall consist of the President, Secretary, Treasurer and not more than 6 Full or Senior Family members. All members of the committee must be financial members of the club. Nominations for committee shall be on the same basis as that set down for Officers of the Club under Clause 14. In the event that nominations for Committee exceed six in number, a ballot shall be taken. The committee shall, subject to any direction from a General Meeting and in addition to the powers specified herein, have the control, management and investment of the property and funds of the club and shall have power to frame rules as in 4(e), regulations and by laws for the regulation of the conduct of members whilst at a club meeting, the use of the club's property and any matters arising incidental thereto, and to vary, rescind or alter such regulations and by-laws; to purchase materials for the club and to sell or lend the same. The funds and property of the club shall be solely devoted to the objects specified in Clause 3 hereof and no pecuniary gain shall be derived by any member from the operations or property of the club.
16. APPLICATION OF PROFITS
The income and property of the Club from wherever derived are to be applied solely towards the promotion of the objects of the Club as set forth in these Rules and no portion of such income or property is to be paid or transferred directly or indirectly by way of profit to members of the Club. Nothing in the foregoing provisions of this Rule prevents the payment in good faith to a servant or member of the Club of
(i.) Remuneration in return for services actually rendered to the Club by the servant or member.
(ii.) For goods supplied to the Club by the servant or member in the ordinary course of business.
(iii.) Interest at current bank overdraft rates on money lent.
(iv.) A reasonable and proper sum by way of rent for premises let to the Club by the servant or member.
17. NO CONFIDENCE VOTES
A No Confidence Vote in the committee can be called by the club members by way of a special general meeting and the rules therein. (See Clause 20.)
The bankers of the club shall be an authorized trading bank at the committee's discretion and all monies received by the club shall be paid into the club's account promptly. Cheques, drafts, bills of exchange, promissory notes and other negotiable instruments payable to the club may be endorsed by the President, Secretary or Treasurer and all cheques, drafts, bills of exchange, promissory notes and other negotiable instruments drawn on the bank account of the club shall be signed by any two of the President, Secretary, Treasurer or any one other nominated person from and by the committee. At the annual general meeting in each year one or more duly qualified persons shall be appointed to review the club accounts, who shall not be members of the committee, and the amount of his or their remuneration (if any) fixed for the ensuing year. The financial year for the purpose of the club's accounts shall end on the 31st day of December.
19. THE ANNUAL GENERAL MEETING
The Annual General Meeting of the members of the club shall be held during the month of March each year. The annual general meeting shall elect the officers and committee for the ensuing year in the manner herein provided and shall transact such other business as shall have been specified in the Notice of Meeting which shall be sent by the Secretary to all members at least fourteen days prior to the date for the holding thereof. At such meetings, the Annual Report, balance sheet and statement of accounts shall be submitted.
20. SPECIAL GENERAL MEETING
A Special General Meeting of the members of the club may be called by the committee on its own motion or shall be called at the written request of not less than ten members of the club who have voting rights and who are financial. All special general meetings shall be called by notice in writing at least fourteen days before the time appointed for such meeting and such notice to specify the time and place of such meetings and the subject matters to be discussed thereat. All Annual or Special general meetings may be held at the normal club premises or at such other place in Tauranga as the committee may determine.
21. NOTICE OF MOTION
Notices of Motion to be brought before any General Meeting shall be in writing and submitted to the Secretary twenty one days prior to the date of such meeting.
Except as detailed in Clauses 14, 15 and 17, at all meetings the mode of voting shall first be by voice, thereafter if deemed necessary by show of hands and finally, if required by five members present, by ballot. The President shall have a deliberative vote and in the case of equality, a casting vote also. Only members present shall be entitled to vote and all are to be eligible in accordance with Clause 5 hereof. Members whose subscriptions are in arrears shall not be entitled to vote, nor shall any member vote by proxy.
No general meeting shall be competent to transact business unless at least fifteen percent of the members qualified to vote be present and vote, and no proposal for altering or adding to the rules, or dealing with the property of the club shall be adopted without the sanction of a majority consisting of two-thirds of the Full and Senior Family members being present at such a meeting. A quorum for the committee shall consist of five committee members.
24. ALTERATION OF THE CONSTITUTION
These rules may be altered, added to, amended, rescinded or repealed either wholly or in part by resolution at a duly convened general meeting provided that notice in writing specifying such proposed alterations, additions, amendments, rescission or repeals shall have been posted to all club members at least fourteen days before the date of such meeting and provided that such resolution is carried by at least two-thirds of the members present at such meeting. No addition to or alteration or rescission of the rules shall be approved if it affects the charitable objects, application of profits rule (16) or the liquidation and disposal of surplus assets rule (26).
25. INTERPRETATION OF THE CONSTITUTION AND RULES
The committee shall be the sole authority for the interpretation of these rules and of the rules, by-laws and regulations made here under and the decision of the committee upon question of interpretation or upon any matter affecting the club and not provided for by these rules or the rules, by-laws and regulations made here under, shall be final and binding on the members.
26. LIQUIDATION AND DISPOSAL OF SURPLUS ASSETS
The Club may be put into liquidation if the Club at a General Meeting of its members passes a resolution appointing a liquidator and the resolution is confirmed at a subsequent General Meeting called for that purpose and held not earlier than 30 days after the date on which the resolution so to be confirmed is passed. In the event of the Club being put into liquidation the surplus assets after payment of the Club’s liabilities and the expenses of the liquidation are not to be paid or distributed among the members of the Club. They will be given or transferred to some other institution or institutions having charitable objects similar to the objects of the Club and will prohibit the distribution of their income and property among its or their members to the extent at least as is imposed on this Club at or before the time of the dissolution. If no suitable institution is found then to distribute the surplus assets to such other charitable institution in New Zealand as the Committee may chose.
The original club rules were approved by members at a Special General Meeting held on 3rd May 1998. The second amendment to these Rules was made, by resolution of members at the Annual General Meeting on 12th March 2000, and approved by the Registrar of Incorporated Societies on 4th April 2000. The third amendment to these Rules was made, by resolution of members at a Special General Meeting on 26th October 2003, and approved by the Registrar of Incorporated Societies on 30th October 2003. The fourth and current amendment to these Rules was made, by resolution of members at a Special General Meeting on 31st August 2008, and approved by the Registrar of Incorporated Societies on 3rd September 2008.