Our Constitution
Contents
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1. INTRODUCTION
1.1 Name
The name of the club shall be St Albans Cricket Club Incorporated (“the Club”).
1.2 Registered Office
The Registered Office of the Club shall be at such place as determined by the
Committee and as notified to the Registrar of Incorporated Societies from time to
time, and at the time of this Constitution is at the St Albans Cricket Club pavilion,
Hagley Oval, Christchurch.
1.3 Club Colours and Emblem
The Club colours shall be dark blue, light blue and gold. The Club emblem shall
be a lion’s head in some form.
1.4 Objects
The Objects for which the Club is established are:
(a) To foster and preserve the playing of cricket within the Club.
(b) To raise and preserve the standard of cricket within the Club and
generally.
(c) To take all necessary steps to support the authorities controlling
Metropolitan, provincial and New Zealand Cricket.
(d) To do all such other things as are incidental or conducive to the
attainment of the above objects.
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1.5 Powers
The powers of the Club are:
(a) To provide facilities and amenities including (by way of example only)
clubrooms or similar amenities for the use of the members, and to make
the same available to other persons on whatsoever terms and
conditions the Committee may think fit.
(b) To purchase, lease, erect or otherwise acquire land, buildings and all
real and personal property which may be considered to be desirable and
to manage, maintain, improve, exchange, lease, mortgage, dispose of or
otherwise deal with any such property or any part thereof.
(c) To raise or borrow money in such a manner as the Club thinks fit
including the security of any mortgage, debenture or other charge over
all or any part of the Club’s property and to give any bond, guarantee or
indemnity as may be deemed necessary or expedient.
(d) To invest and deal with the funds of the Club upon such securities or
otherwise in such manner as the Club may think fit. This may include
opening and operating trading and savings bank accounts.
(e) To employ staff and engage agents and appoint representatives as is
necessary.
(f) To permit and publish any newspapers, newsletters, magazines,
websites (including social networking websites and blogs), periodicals,
books, leaflets, films, videos, compact discs and other such descriptive
informative or educational material as the Club may think fit.
(g) To establish, support or aid any charitable, sporting or recreational
institution, trust or association and to make payments towards any
benevolent objects as the Club may think fit.
(h) To facilitate (and terminate where necessary) the recruitment and
retention of members of the Club
(i) To settle questions or disputes referred to the Club and discipline
members of the Club pursuant to the Rules and the Club’s Code of
Conduct for members and employees.
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The powers specified in this Rule 1.5 shall not limit the rights and powers of the
Club as an incorporated society under the Incorporated Societies Act 1908.
1.6 Construction
In this Constitution:
(a) a gender includes all other genders;
(b) the singular includes the plural and vice-versa;
(c) any reference to legislation includes any regulation, order-in-council or
other instrument issued or made under that legislation, and any
modification or re-enactment of that legislation, or any legislation
enacted in substitution of that legislation;
(d) any agreement includes that agreement as modified, supplemented,
innovated or substituted from time to time; and
(e) headings are for reference only and are to be ignored in construing this
Constitution.
1.7 Pecuniary Interest
Nothing in these Rules shall permit the Club to use its funds, or make its funds
available, for the private pecuniary profit of any member or any person associated
with any member. For the avoidance of doubt, the term Private Pecuniary Profit
does not include remuneration or payments for services which are rendered
reasonable and amounts only to what would be paid in an arm’s length
transaction (being the open market).
This Rule 1.7 applies, notwithstanding any other provision of these Rules to the
contrary and its effect must not be removed from these Rules and must be
included in any alteration of, addition to or revision of these Rules.
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2. MEMBERSHIP
2.1 Membership Categories
The categories of membership of the Club, (collectively called “Members”) shall
be:
(a) Playing Members
(b) Non-Playing Club Supporters
(c) Club Alumni
2.2 Sub-categories of Membership
Within the membership categories, specified in Rule 2.1 (Membership
University Students, secondary school pupils, primary school pupils, Twenty20
players, etc.) as determined by the Committee, at its discretion.
2.3 Full Availability, Limited Availability and Temporary
Availability Playing Memberships
The Committee may, at its discretion, provide for Limited Availability Playing
Memberships in any of the sub-categories of Playing Members at a subscription
of fifty per cent of the relevant full subscription for that sub-category. This status
is applicable only for those Playing Members who choose to make themselves
available for only up to half of the playing season. Half of the playing season may
mean any one of the following: available for all playing days before Christmas but
not after, available for all playing days after Christmas but not before, or only
available on certain playing days not exceeding half of the possible playing days
in the playing season in their relevant grade. Full Playing Members will take
selection priority over Limited Availability Playing Members should an excess of
members be available to play in their assigned team on any particular playing
day.
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Persons who make themselves temporarily available for the sole purpose to fill in
for a team unable to field the required number of players from Full or Limited
Availability Playing Members shall not be liable for a subscription. These persons
shall never take selection priority over Playing Members, whether Full or Limited
Availability. In no case shall such person play in more than three (3) games during
that season without having first provided to the Club such personal details as the
Committee determines and agrees to abide by the rules of cricket and codes of
conduct appropriate to that grade of cricket and agree to conduct themselves
generally as though they were a Playing Member of the Club.
All other Playing Members shall be deemed to be Full Availability Playing
Members and shall be due for the full subscription applicable to their particular
sub-category of Membership regardless of the actual games played during the
season.
The duration of membership as set out in Rule 2.7 (Duration of Membership and
Membership Year) will apply to all Playing Members regardless of the availability
status selected.
2.4 General Rights and Obligations of Members
All members acknowledge and agree that they shall be bound by the rules of the
Club as set out in the Constitution and by any by-laws or policies made by the
Committee. Members shall be entitled to all benefits, advantages, privileges and
services of membership as conferred by this Constitution or by the Committee, at
its discretion.
Playing Members, when participating in a Club team, shall comply with all the
rules of cricket and codes of conduct, appropriate to that grade of cricket, as
determined by Christchurch Metropolitan Cricket Association, or that
organisation’s governing or affiliated bodies. Only Playing Members shall be
eligible to participate in a Club team, except as otherwise provided for in Rule 2.3
All Members, except Members whose application for membership was made on
their behalf by their parent, guardian or caregiver, shall be entitled to hold office
in the Club and to speak and vote at General Meetings of the Club, unless that
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All Members shall ensure that their Membership details are correct at all times
throughout the Membership Year and shall ensure any amendments required are
recorded in the Club Website’s Registration System at the earliest opportunity.
Where a parent, guardian or caregiver is responsible for a Member then that
parent, guardian or caregiver will be required to ensure all of the obligations of
that Member are being fulfilled.
2.5 Application for Membership
membership of the Club must:
(a) be made to the Club in writing on the Registration Form (and delivered to
the relevant Club Captain, or to another authorised representative of the
Committee), or input via the Club Website’s Registration System, and
must include the full name of the applicant, the applicant’s address, the
date of birth of the applicant, the particular category and sub-category
to which the applicant desires admission, their availability status, their
consent to become a member and any other particulars as specified on
the Registration Form;
(b) declare if they have previously been a member of any other cricket club
in New Zealand within the last five years, and the name of any such club,
or clubs, so that any appropriate clearances can be verified;
(c) agree to pay the applicable subscription, if any, for the category, sub-
category and availability status requested,
In the case of applications for persons under the age of sixteen (16) years such
application shall be made, and agreement to any conditions required shall be
given, on behalf of the applicant by their parent, guardian or caregiver.
In the case of applications for Club Alumni the procedure set out in Rule 2.15
(Club Alumni) will apply and not the procedure set out in this Rule 2.5.
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In the case of applications for Non-Playing Club Supporters the procedure set out
out in this Rule 2.5.
2.6 Consideration
Upon receipt of a properly completed application under Rule 2.5 (Application for
accepted. The Committee may accept the application, may accept the
application subject to certain conditions (such as evidence of the pre-payment of
the appropriate subscription in full, or evidence of clearances from previous
clubs), or may refuse to accept any application for membership on any lawful
grounds. The Committee is not required to give reasons for any refusal to grant
membership but may choose to do so.
2.7 Duration of Membership and Membership Year
The duration of membership for all Members (except Life members) shall:
(a) commence on the date membership is accepted, or,
(b) in the case of members who renew their membership in accordance
General Meeting in each year,
and shall continue until the close of the following Annual General Meeting (the
“Membership Year”), unless the membership is terminated early in accordance
2.8 Renewal of Membership
Members (excluding Life Members) may annually renew their membership with
but not before the Annual General Meeting is held and subscription levels for the
following season are confirmed, but on or before the first playing Saturday for
grade competitions in that season, by:
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(a) completing the necessary details on the Club Website Renewal System,
including any amendments from the existing details, such as change of
address or change in playing category/sub-category and availability
status for the forthcoming Membership Year, and
(b) agree to pay the subscription, if any, appropriate for the selected
category/sub-category and availability status of membership.
The Club will keep a register of its members and ensure details of members are
updated as soon as practicable after becoming aware of changes to those
details.
The Committee shall have the authority to amend the category/sub-category and
availability status selected by the Member in their renewal application should
that selection be regarded as inappropriate, after consultation with the Member.
The Committee shall have at its discretion the authority to back-date the effective
date of renewal of a Playing Member to the commencement of the Membership
Year should that Member have reasonable grounds for being unable to renew
their Membership on or before the first playing Saturday for grade competitions in
that season, or in the case of Club Alumni and Non-Playing Club Supporters, at
the Committee’s discretion.
2.9 Life Membership
Any Member may propose that a person be made a Life Member of the Club.
Every such proposal shall be made in writing to the Secretary setting out the basis
upon which the proposer considers the person has rendered outstanding
services to the Club. The application shall first be considered by the Committee
and if approved by it, shall be put forward for consideration at a General Meeting
of the Club. At any General Meeting where such a proposal is being considered,
the proposal must be supported by a resolution passed at the meeting before life
membership is conferred. Unless a Life Member’s membership is terminated
early in accordance with this Constitution, Life Members shall be Members of the
Club for their lifetime without any need to comply with Rule 2.8 (Renewal of
also Playing Members shall, however, update their playing status on the Club
Website Renewal System.
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2.10 Privacy Act 2020
It is a condition of membership of the Club that each Member provide certain
personal information about themselves, or in the case of Members where their
Application for Membership is lodged on their behalf by their parent, guardian or
caregiver, by that parent, guardian or caregiver. For the purposes of Principles 10-
11 of the Privacy Act 2020, the use or disclosure of personal information shall be
a use or disclosure of information authorised by the individual or a use or
disclosure connected with or directly related to the purpose for which the
information was obtained.
The Club will provide secure financial procedures for any credit card transactions
undertaken through the Club website and the details of such credit cards will be
deleted from the database as soon as practicable after the successful processing
of the transaction.
2.11 Resignation & Termination of Membership
A member’s membership of the Club shall end in any of the following
circumstances:
(a) Expiry of their membership at the end of the Membership Year, unless
the person subsequently renews their membership in accordance with
(b) Resignation of their membership by the member giving notice in writing
to the Committee and by the payment of any outstanding subscriptions
owing, or other outstanding financial obligations met. Resignations shall
not be accepted from Members whose subscriptions, or any other
amounts owing, are unpaid, until payment in full is received, or any
goods owned by the Club, and in the possession of the member, are
returned;
2.12 Subscriptions
The annual subscription due and payable to the Club by every Member (other
than any Life Member or Club Alumni) shall be determined as follows:
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(a) The Committee shall recommend the annual subscription levels,
including any variations for any sub-categories of membership, for
consideration at the Annual General Meeting; and
(b) The recommended annual subscription levels shall be approved at the
Annual General Meeting and if they are not approved, the subscription
levels shall remain the same as the previous year.
Each Member’s applicable subscription shall be due and payable on or before the
first playing Saturday for grade competitions in that season and the subscription
will be in default should it remain unpaid, in full or in part, after the last playing
The Committee shall have the power to reduce the subscription payable by any
person seeking to join the Club after the Membership Year has commenced, or
seeking to resign from the Club, or for any other reason whatever, although may
choose not to do so, at its discretion.
The Committee shall have the power to offer reduced subscriptions to Members
as incentives for introducing new persons to the Club, as awards for season
performances (such as “Player-of-the-year”), as incentives for undertaking Club
activities (such as performing specified coaching duties), or for any other reason,
at its discretion.
The Committee shall have the power to determine an appropriate subscription, at
its discretion, for any Member whose playing availability for the Club is
significantly affected by being selected for representative duties, with each case
being able to be determined on its own particular merits by the Committee.
2.13 Subscriptions in Default
A Member’s subscription will be in default if their subscription is unpaid, in full or
in part, after the last playing Saturday of the season, and will remain in default
until all amounts owing have been paid in full, such amount being the
subscription level originally applicable, together with any reasonable debt
collection charges which, at the Committee’s discretion, are incurred by the
Club. Any such Member shall not be relieved from liability to pay the amount
owed to the Club regardless of whether their Membership subsequently expires
at the end of the Membership Year or is subsequently terminated for misconduct.
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Any Member whose subscription is in default shall not be eligible to receive a
clearance from the Club and this may cause him to be ineligible to join any other
cricket club in New Zealand for a period of up to five years.
Any Member whose subscription is in default shall not be eligible for any of the
privileges of Membership, including, but not limited to, their right to speak and
vote at General Meetings, their election to any position on the Committee, their
eligibility for any end-of-season Club awards or their nomination by the Club for
any representative team or training squad, or any other privilege as determined by
the Committee, at its discretion.
Any Member whose subscription remains in default at the end of the Membership
Year shall not be eligible for Renewal of their Membership under Rule 2.8
(Renewal of Membership) and Membership will expire at the end of the
Membership Year. Such person shall not be allowed to play in any Club team in
any subsequent season nor a new application for membership be considered
until such default is remedied and all conditions imposed on the application are
fulfilled to the satisfaction of the Committee.
2.14 Dispute Resolution
Any Member or any person having any complaint to make concerning any
Member, or Members, of the Club must state their complaint in writing, at the
earliest opportunity, addressed to the Secretary stating fully the grounds of such
complaint. The Secretary shall then call a meeting of the Committee and shall
notify the Member or person making the complaint and shall also notify the
Member(s) against whom such complaint is made to attend such meeting and
thereupon such complaint will be considered by the Committee according to the
evidence submitted to them by the Member or person making the complaint and
the Member against whom such complaint is made.
The Committee shall be deemed to be acting with the full authority of the
Committee provided not fewer than three (3) members of the Committee are
present at such meeting but shall not include any member of the Committee who
has brought the complaint or is the subject of such complaint.
Should a complaint of misconduct be brought by the Committee, on behalf of the
Club against a Member, the Committee shall be acting with the full authority of
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the Committee provided not fewer than any three (3) members of the Committee
are present at such meeting.
The Committee shall have the power to discipline any Member, by censure or by
written warning, and shall have the power to terminate the Membership of any
Member, for conduct prejudicial to the good name and interests of the Club.
Upon receipt of any such complaint against any Member, the Committee shall
have the power to suspend the Member pending the consideration by the
Committee of such complaint, provided always that no such suspension under
this Rule 2.14 shall remain in force for a period exceeding twenty-one (21) days.
There shall be no right of appeal against the decision of the Committee by either
the Member or person making the complaint or the Member against whom such
complaint had been made, unless an appeal can be made on reasonable grounds
that natural justice had not been followed by the Committee, such appeal must
be made in writing to the Secretary within fourteen (14) days after the notification
of the Committee’s decision.
Termination of Membership will not relieve the member of their obligation to pay
in full any subscription which remains unpaid at the date of termination, although
the Committee may reduce the amount payable, at its discretion, if the season is
only partially completed, nor will it relieve them of their obligation to pay in full
any other amount owing to the Club or to return any items or goods that are in
their possession that belong to the Club.
Any Member terminated under this Rule 2.14 may be reinstated at the discretion
of the Committee, which may impose such conditions as it determines.
Should the complaint be against the Club, rather than an individual Member, the
matter shall be dealt with by the Committee at the next scheduled meeting of the
Committee.
2.15 Club Alumni
Former Members of the Club who have completed their playing career but wish to
retain their interest in the Club shall be entitled to apply for Membership of the
Club under the category of Club Alumni, as set out in Rule 2.1 (Membership
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Club Alumni shall be entitled to such benefits of Membership of the Club as
determined by the Committee, at its discretion, but will not confer any rights to
play in any Club team nor shall they be liable for an annual subscription.
Applications for Membership may be accepted by the Committee provided the
information as required by the Committee, as determined at its discretion, is
submitted, and the Committee confirms that the applicant meets the general
characteristics of this category. Such Membership will still be subject to Rule
2.11 (Resignation and Termination of Membership) and will still need to comply
2.16 Non-Playing Club Supporters
Persons who wish to develop and maintain an interest in the Club or wish to show
their support for the Club shall be entitled to apply for Membership of the Club
under the category of Non-Playing Club Supporters as set out in Rule 2.1
administrators, parents/guardians/caregivers of Members, general supporters of
the Club, and former administrators.
Non-Playing Club Supporters shall be entitled to such benefits of Membership of
the Club as determined by the Committee, at its discretion, but will not confer
any rights to play in any Club team. Applications for Membership may be
accepted by the Committee provided the information as required by the
Committee, as determined at its discretion, is submitted, and the Committee
confirms that the applicant meets the general characteristics of this category.
2.17 Obligation of Members
All Members shall promote the objects of the Club and shall do nothing to bring
the Club into disrepute.
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3. GOVERNANCE
3.1 Patron
The Committee shall recommend to the Members for consideration at the Annual
General Meeting (“AGM”) a person to be the Patron of the Club for a specified
period of time. Should such recommendation be approved by resolution at the
AGM, then that person shall become the Patron of the Club for the period
determined by the Club. At the end of this term the incumbent Patron may be
proposed by the Committee at that AGM for election for a further term. The Patron
shall not be a member of the Committee but may attend Committee meetings
and shall have speaking rights but no voting rights. The Patron shall be entitled to
receive notice of such meetings, and copies of the minutes, from the Secretary.
3.2 Committee
The Club shall be governed and its business and affairs managed by a Committee
which shall consist of a minimum of eight (8) persons, and up to sixteen (16)
persons, who have assumed office in accordance with Rule 3.4 (Election of
(a) President
(b) Secretary
(c) Treasurer
(d) Club Captain (Men’s Section)
(e) Club Captain (Women’s Section)
(f) Convenor (Junior Section), if required
(g) Bar Manager, if required
(h) Online Information Officer, and
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(i) up to eight (8) other persons for non-specific positions (up to nine (9) or
more, if any of the positions referred to in Rule 3.2 (Committee) (f) or (g)
are not required, or if more than one of the specific positions listed
above is filled by the same person).
3.3 Applications for Committee
Applications for positions on the Committee shall be submitted in writing, by e-
mail, or verbally to the Secretary at least fourteen (14) days prior to the AGM and
state whether applying for a specific position on the Committee or one of the
non-specific positions. Only current Members of the Club shall be eligible to
serve on the Committee.
Qualifications of Committee Members
Every Committee Member must be a natural person who:
(a) has consented in writing to be an officer of the Club, and
(b) certifies that they are not disqualified from being elected or appointed or
otherwise holding office as a Committee Member of the Club.
Committee Members must not be disqualified under section 47(3) of the Act from
being appointed or holding office as a Committee Member of the Club, namely:
(a) a person who is under 16 years of age
(b) a person who is an undischarged bankrupt
(c) a person who is prohibited from being a director or promoter of, or being
concerned or taking part in the management of, an incorporated or
unincorporated body under the Companies Act 1993, the Financial
Markets Conduct Act 2013, or the Takeovers Act 1993, or any other
similar legislation
(d) A person who is disqualified from being a member of the governing body
of a charitable entity under the Charities Act 2005
(e) a person who has been convicted of any of the following, and has been
sentenced for the offence, within the last 7 years:
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i.
an offence under subpart 6 of Part 4 of the Act
ii.
a crime involving dishonesty (within the meaning of section
2(1) of the Crimes Act 1961)
iii.
iv.
an offence under section 143B of the Tax Administration Act
1994
an offence, in a country other than New Zealand, that is
substantially similar to an offence specified in
subparagraphs (1) to (3)
v.
a money laundering offence or an offence relating to the
financing of terrorism, whether in New Zealand or elsewhere
(f) a person subject to:
i.
a banning order under subpart 7 of Part 4 of the Act,or
ii.
an order under section 108 of the Credit Contracts and
Consumer Finance Act 2003, or
iii.
iv.
a forfeiture order under the Criminal Proceeds (Recovery)
Act 2009, or
a property order made under the Protection of Personal and
Property Rights Act 1988, or whose property is managed by a
trustee corporation under section 32 of that Act.
(g) a person who is subject to an order that is substantially similar to an
order referred to in paragraph (6) under a law of a country, State, or
territory outside New Zealand that is a country, State, or territory
prescribed by the regulations (if any) of the Act.
Prior to election or appointment as a Committee Member a person must:
(a) consent in writing to be a Committee Member, and
(b) certify in writing that they are not disqualified from being elected or
appointed as a Committee Member either by this Constitution or the
Act.
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Note that only a natural person may be a Committee Member, and each
certificate shall be retained in the Club’s records.
All committee members are considered “Officers” of the Club, regardless of
whether elected to a named position or not.
All such applications shall be considered by the Committee prior to being
submitted to the Members at the AGM and may be rejected by the Committee as
unsuitable. Such rejection may only be made on lawful and reasonable grounds
and by unanimous resolution of the Committee. The Committee is not required to
give reasons for any rejected application but may choose to do so.
3.4 Election of Committee
The members of the Committee shall be elected at each AGM in accordance with
this Constitution, except for any persons co-opted under Rule 3.5 (Co-option to
3.4.1
The following procedures relating to the election of applicants for the
specific positions will apply:
(a) If no applications for a specific position on the Committee are
received by the Club in advance of the AGM, that position shall
remain vacant until filled by the Committee as allowed under
(b) If only one application for a specific position on the Committee
is received then the chairperson of the AGM shall declare the
applicant elected and there shall be no need of a vote;
(c) If more than one application for a specific position on the
Committee is received then at the AGM a secret ballot shall be
taken amongst those Members present (and eligible to vote)
and the highest polling candidate shall be declared elected.
(d) Any elections to the Committee at an AGM shall be conducted
and declared in the order in which the positions appear in Rule
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(e) Where there is an equality of votes between candidates for a
specific position on the Committee a second ballot shall be
held. Where there is still an equality of votes after the second
ballot the outcome shall be determined by lot.
3.4.2
The following procedures relating to the election of applicants for the
non-specific positions will apply:
(a) If no applications for the non-specific positions on the
Committee are received by the Club in advance of the AGM,
these positions, or as many of these positions as the
Committee deem necessary, will remain vacant until filled by
co-option by the Committee as allowed under Rule 3.5 (Co-
(b) If one or more applications (up to the maximum permitted
positions) for the non-specific positions on the Committee are
received in advance of the AGM then the chairperson of the
AGM shall declare each of the applicants elected and there
shall be no need of a vote. Any positions remaining vacant will
remain vacant until filled by co-option by the Committee, as it
deems necessary, and as allowed under Rule 3.5 (Co-option to
(c) If more than the maximum permitted applications for the
available non-specific positions on the Committee are
received, then at the AGM a secret ballot shall be taken
amongst those Members present (and eligible to vote) and the
highest polling candidates shall be declared elected. Members
present (and eligible to vote) shall be entitled to one vote only
but may vote for any number of applicants, but only up to the
maximum permitted positions available.
(d) Where there is an equality of votes at the threshold of
elimination between candidates a second ballot shall be held.
In this second ballot Members present (and eligible to vote)
shall be entitled to one vote only and shall vote for only one of
the affected candidates. Where there is still an equality of
votes after the second ballot the outcome shall be determined
by lot.
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3.5 Co-option to Fill a Vacancy
If any of the sixteen (16) positions on the Committee are unable to be filled at the
AGM through there being insufficient applications for any of the Committee
positions, or if a vacancy in any position arises on the Committee after an AGM
for whatever reason, the Committee has the power to fill that vacancy by co-
option until the next AGM, or the Committee may choose to leave the position
vacant until the next AGM, although must use its best endeavours to co-opt
sufficient Members to the Committee to meet the minimum number required of
eight (8) persons.
3.6 Term of Office
The term of office of all elected members of the Committee shall be from the
conclusion of the AGM at which their election is made through to the close of the
next AGM. Each member of the Committee shall be eligible for re-election or co-
option.
Should any member of the Committee be absent from three consecutive
meetings without first requesting leave of absence and providing a reasonable
explanation for such absence, that member shall be deemed to have vacated
their office and shall have their position on the Committee terminated.
Should any member of the Committee have their Membership of the Club
Member shall also have their position on the Committee terminated.
3.7 Chairperson
The President shall act as Chairperson of the Committee. The President may opt
not to act as Chairperson for one or more meetings, including for the full term of
office, in which case the Committee shall select another member of the
Committee to stand in his or her place as Chairperson during that period.
The Chairperson shall have a deliberative vote as well as a casting vote should
there be an equality of votes.
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Should there not be a suitably qualified person on the Committee to act as
Chairperson, the Committee shall have the power to fill that position, and for the
period required, by co-option, not-with-standing that this may increase the total
number of persons on the Committee to seventeen (17) for that period.
3.8 Meetings
Meetings of the Committee may be called at any time by the Chairperson, but
generally the Committee shall meet once in each month. Notice of the meetings
shall be provided by the Secretary, by e-mail to each Committee member, and
such notice shall also contain the minutes of the previous Committee Meeting
and previous Treasurer’s Report.
The Chairperson may choose to resolve a matter of urgency by forwarding an e-
mail to each Committee member setting out the details of the matter, in such
manner that the matter can be voted on with a simple yes or no. The Committee
may vote on such matter by sending an e-mail reply to all Committee members
setting out their vote, such matter to be settled by a majority of all Committee
members, and not just by a majority of replies so far received.
3.9 Quorum
The quorum necessary for the transaction of business of the Committee shall be
at least half of the Committee members.
3.10 Disclosure of Interests
Any Committee member or a relative who may derive some personal or financial
advantage from any matter or person involved in the matter before the
Committee, shall disclose the nature and extent of their interest as soon as the
Committee Member becomes aware of the interest, to the Committee. However,
a committee member is not considered interested if the interest is due to
authorized benefits like remuneration, or is shared by most members, or is
considered insignificant.
The Committee will keep and maintain a register to record such disclosures. This
register will be made accessible to Members at each AGM.
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The committee will decide how to deal with the conflict, which may involve:
(a) Excluding the interested Committee Member from discussions and
decisions related to the matter.
(b) Seeking independent advice.
(c) Implementing other measures to ensure the matter is handled fairly and
transparently.
3.11 Voting
Each Committee member present at any Committee Meeting may exercise one
vote only. The Chairperson shall have a deliberative vote as well as a casting vote
should there be an equality of votes.
3.12 Minutes
The Secretary shall ensure the proceedings of each Committee Meeting are
properly recorded as soon as possible after the conclusion of each Committee
Meeting and distributed to each Committee member before the following
meeting. These minutes shall be confirmed at the next Committee Meeting. A
copy of each set of confirmed minutes shall be archived in a permanent manner.
3.13 Powers and Duties of the Committee
The Committee shall govern the Club and be responsible for managing the
business and affairs of the Club. The Committee may exercise all of the powers of
the Club and do all things that are not expressly required to be undertaken at a
General Meeting or are not otherwise in conflict with this Constitution.
Each Committee Member shall act in good faith and in the best interests of the
Club at all times and shall not agree to allow the activities of the Club to be
carried out in a manner likely to cause a substantial risk of serious loss to the
Club’s creditors, to the reputation of the Club, or to the reputation of the game of
cricket generally.
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The Committee has the general power to carry out the objects of the Club as it
considers necessary and shall have the following specific powers:
(a) Develop and implement strategies and procedures for the
administration and development of cricket at the Club;
(b) Create and enforce any By-Laws which it deems necessary for the
smooth running of the Club;
(c) Control, manage, borrow and expend the funds of the Club, in
accordance with this Constitution;
(d) Set the annual subscription fees payable by the Members and enforce
payment of such fees in accordance with this Constitution;
(e) Delegate specific areas of responsibility to specific Committee
Members;
(f) Engage people to work for the Club on terms determined by the
Committee, provided that the payment for such services shall not
exceed the market rate;
(g) Appoint delegate(s) to represent the Club at meetings of other
organisations;
(h) Consider and make binding decisions on complaints about Members in
of this Constitution;
(j) Fill vacancies on the Committee by co-opting persons in accordance
(k) Establish any sub-committees, which must contain at least one
Committee member, as it considers appropriate to assist it to carry out
its responsibilities and to delegate to them such powers as it considers
appropriate.
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3.14 Authorised Officers of the Club
The following members of the Committee, and only these members, shall be
authorised to sign, on behalf of the Club, any legal documents including, but not
limited to, documents requiring the affixation of the Common Seal, applications
for opening, closing or amending bank accounts, the completion of any statutory
form, the entering into of contracts with any third party, the entering into of lease
agreements, the amendment of any insurance policy or making claims on such
policies, or being an authorising signatory (including online authorisations) to any
Club bank account:
(a) President
(b) Secretary
(c) Treasurer
(d) Chairperson (whenever the Chairperson has been appointed by the
Whether one, or more, Authorised Officers are required to execute any legal
document will depend on the requirements of any such document, or situation,
but in no case should this number be in conflict with any other Rule under this
Constitution.
Not-with-standing the requirements of this Rule 3.14, the Committee shall have
the power to appoint a further member of the Committee, from time to time, as
an Authorised Officer of the Club for the purpose of signing a specific document,
or entering into a specific contract, on behalf of the Club, provided such authority
is passed by resolution at a Committee Meeting and the transaction ratified at a
subsequent Committee Meeting.
3.15 Annual General Meetings
An Annual General Meeting of the Club shall be held at a date in August of each
year, as determined by the Committee.
The business of the AGM shall be:
(a) Receiving the minutes of the previous AGM
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(b) The President’s report of the year’s activity of the Club
(c) The Treasurer’s report on the finances of the Club and the compiled
Annual Financial Statements
(d) Election of Patron (if necessary), the Auditor and Committee members.
(e) Motions, as set out in the Notice of Meeting.
(f) General Business, although items discussed under General Business
will not be voted on.
Not less than fourteen (14) days’ notice (notification sent by e-mail to the e-mail
address currently recorded in the Club’s Website Registration System, or by
electronic notification via the Club’s social media website(s) or by printed notice
within the Club’s Annual Report, shall be deemed sufficient to meet this
requirement) to all Members of such Annual General Meeting and the business to
be transacted thereat shall be given by the Secretary.
Any Member may request that a motion be voted on by giving written notice to the
Secretary at least 60 days before the date of the next AGM provided such notice
has been signed by that Member and at least nine (9) other Members. The
Committee may also put forward any motions to be voted on provided they are
set out in the Notice of Meeting.
The President, or in their absence, such other member of the Committee as shall
be elected by the Members present, shall take the Chair and every Member
present (and eligible to vote) shall be entitled on every motion to one vote
exercised in person (proxies will not be allowed) and in the case of an equality of
votes the Chairman shall have a deliberative as well as a casting vote, provided
that for the election of persons to the Committee the procedure will follow that
The Secretary, or in their absence, such other member of the Committee as
directed by the Chair, shall record the minutes of the proceedings, resolutions
proposed and the outcomes of any votes taken, and any matters raised under
General Business. Such minutes shall be confirmed by resolution at the next
Annual General Meeting.
The mode of voting (whether by voice, show of hands or secret ballot) on any
matter (other than the election of Committee) at the AGM shall be decided by the
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Chairperson, acting in good faith. However, if any Member, eligible to vote,
demands a secret ballot before a vote by voices or show of hands has begun,
voting must be by secret ballot. In such case, the Chairperson shall have a
deliberative as well as a casting vote.
Any motion proposing a change of any Constitutional Rule will require a two-
thirds majority of votes cast, and the mode of such vote will not be by voice. Refer
The quorum at the Annual General Meeting shall be eighteen (18) Members
present (and eligible to vote).
3.16 Special General Meetings
A Special General Meeting of the Club shall be called by the Secretary upon
receiving a written request from any four (4) members of the Committee or any
ten (10) Members (eligible to vote at General Meetings), such meeting to be called
within fourteen (14) days of receipt of such written request and to be convened by
business to be conducted. Any further items of General Business raised from the
floor may be discussed but not voted on.
Any such meeting will be carried out in accordance with all the procedures and
procedure or requirement would be in conflict with this Rule 3.16.
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4. ADMINISTRATION
4.1 Incorporated Societies Contact Person
At its first Committee meeting following an AGM, the Committee must appoint or
reappoint at least one, and a maximum of three, persons to be the contact
person, subject to those persons meeting the eligibility criteria set out in the Act.
The Committee must advise the Registrar of Incorporated Societies of any change
in the contact person or their contact details.
4.2 Alterations to the Rules
No Constitutional Rule may be altered, added to or rescinded except by
resolution of a two-thirds majority of votes cast at the Annual General Meeting or
a Special General Meeting called for such purpose. Any Special General Meeting
When a Rule change is approved at a General Meeting no Rule change shall take
effect until the change has been filed with the Registrar of Incorporated Societies.
4.3 By-laws
The Committee shall have the power to make, rescind and enforce by-laws for the
good management of the Club and such by-laws shall be notified to Members in
such a manner as the Committee shall see fit. A copy of the By-laws shall be
available for inspection by any Member on request to the Committee, and
publication of the By-laws on the Club’s website shall be deemed to be adequate
notice.
4.4 Financial Statements
(a) The financial year of the Club shall commence on the 1st day of June
each year and end on the 31st day of May of the following year.
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(b) A report on the year’s activities together with Financial Statements shall
be prepared by the Committee for presentation to the Annual General
Meeting.
(c) The Committee shall have the power to determine the appropriate
standard of reporting of the Financial Statements for each financial year,
based the current standards of financial reporting requirements for
Incorporated Societies.
(d) The Financial Statements shall be compiled prior to the Annual General
Meeting. The Committee shall ensure there are true and complete
accounts kept of the income and expenditure and assets and liabilities
of the Club. A Statement of Accounts and Balance Sheet (in the form
approved by the Committee) shall be forwarded to each Member with
the notice of the AGM.
(e) The club must provide copies of their financial statements to the
Registrar within six months after the end of their balance date.
4.5 Dissolution
The Club shall not be dissolved except upon a motion passed by a two-thirds
majority of the votes recorded at a Special General Meeting called in the manner
provided in these Rules.
After the payment of all debts and liabilities of the Club any surplus assets shall
be given to such sporting clubs or sporting organisations as the Club in a general
meeting shall decide. Such sporting club or sporting organisation should have
similar objects to the Club and be an Incorporated Society, or a Registered
Charity.
Members may elect to put the Club into liquidation in accordance with the Act
and appoint a liquidator. No part of the income or other funds of the Club shall be
used for the private pecuniary profit of any individual person, club member or
privately held interest or body.
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4.6 Club Funds
The Committee is responsible for the receipt and banking of all monies received
by the Club and all sums paid out by the Club.
4.7 Banking
The Club’s current bank account(s) shall be kept at a trading bank chosen by the
Committee. All cheques and online transactions undertaken involving the Club’s
bank account(s) must be signed or otherwise approved by any two of the
Authorised Officers of the Club, as set out in Rule 3.14 (Authorised Officers of the
4.8 Accounting Records
The Committee will keep at all times accounting records that correctly record the
Club’s transactions, allow financial statements to be produced that comply with
the Act, and would enable the financial statements to be readily and properly
audited, if required.
The accounting records must be kept for the current accounting period and for
the last seven completed accounting periods.
4.9 Matters Not Provided For
If any matter arises which in the opinion of the Committee is not provided for in
this Constitution, then it may be determined by the Committee in such manner
as the Committee deems fit. Every such determination shall be binding upon
Members unless and until set aside by Ordinary Resolution at an Annual General
Meeting or Special General Meeting.
4.10 Transition
After reregistration under the Incorporated Societies Act 2022, the elected
committee from the most recent AGM will continue to hold office, provided each
consent in writing to be an officer and they meet the requirements of the new Act,
and their roles are still relevant.
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