Constitution

 

justice2(copy)(copy)-762

 

FIAT JUSTITIA RUAT CAELUM

Mahia te tika ahakoa taka mai nga rangi

 

Royal Federation of

New Zealand

Justices’ Associations (Inc)

 

Constitution

And

Rules

 

May 2016

 
 
THE CONSTITUTION AND RULES OF THE ROYAL FEDERATION OF NEW ZEALAND JUSTICES' ASSOCIATIONS INCORPORATED
 
(Approved by the assistant Registrar of Incorporated Societies, Wellington on 16 April 1991 and incorporating alterations registered to 9 May 2016.)
 
CONTENTS
 
    Page
Section A -
 
Interpretation 3
Section B -
 
Constitution 4
Section C -
 
Objects 4
Section D -
 

Rules

5 – 19
Appendix A.
 
Standing Orders 20 – 21
Appendix B
 
Code Of Ethics 21 – 22
Index
 
  23 – 24
 

 
THE CONSTITUTION AND RULES OF THE ROYAL FEDERATION
OF NEW ZEALAND JUSTICES' ASSOCIATIONS INCORPORATED
 
 
 
Section A - Interpretation
 
In these Rules, unless a different intention from the context appears: -
 
(a)        Words importing the masculine gender shall include the feminine gender;
(b)        Words importing the singular shall include the plural and vice versa;
(c)        "The Federation" means an affiliation of Justices' Associations as envisaged under the following Constitution and Rules;      
(d)       "Justices' Associations" and/or "Associations" means incorporated district Associations of Justices;
(e)        "Justices" means Justices of the Peace appointed under the provisions of the Justices of the Peace Act, 1957, and its amendments;
(f)        "Annual Conference" means the Annual General Meeting;
(g)        "Regional Representatives" means those persons elected from time to time pursuant to Rule 6 as Regional Representatives in accordance with Rule 5 hereof;
(h)        "Delegate" means a representative duly appointed by affiliated Justices' Association to attend General Meetings or the Annual Conference of the Federation;
(i)         "Board" means the administrative officers as specified in Rule (5)(a) hereof;
(j)         "Registrar” means the Registrar and Treasurer of the Federation;
(k)        "Month" means a calendar month;
(l)         "Year” in relation to the duration of office, means the period from termination of one Annual Conference until the end of the succeeding Annual Conference;
(m)       "Financial Year” means a period of one year commencing on 01 November of any particular year and terminating on 31 October of the following year.
(n)        "Remit” means a proposal that certain action be taken by the Royal Federation being a proposal which has been referred to the Royal Federation for consideration at the Annual Conference or a Special Meeting in accordance with Rule 19(c) and 20(b) of the Constitution and Rules.
(o)        "Notice of Motion" means a Notice of Motion referring to any change of any nature to the Constitution or Rules of the Federation.
(p)        A reference to a statute or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.”
 

 
Section B - Constitution
 
The Federation is a non-partisan and non-sectarian society, concerned with the pure and impartial administration of the law. 
It is called Royal Federation of New Zealand Justices' Associations (Incorporated), being incorporated under the Incorporated Societies Act 1908.  Subject to the provisions of this Act it shall be competent for the Federation to own real or personal property, and to sell, exchange, lease or mortgage such property in accordance with any resolution passed at a General Meeting of the Federation; and it shall also be competent for the Federation at any time to borrow money on the security of its real or personal property or to raise money as it may be authorised so to do by resolution passed at a General Meeting; and further, it shall be competent for the Federation from time to time to become a party to a contract or contracts.
 
Royal Federation of New Zealand Justices’ Associations Incorporated recognises Te Tiriti O Waitangi, The Treaty of Waitangi and endeavours to adhere to its principles.
 
Section C - Objects
 
1.         The primary object of the Federation is to promote a high ideal of office and sense of responsibility among Justices, to the end that they may carry out their statutory, judicial and ministerial functions with propriety, and that they may administer the law justly without fear, favour or ill-will in conformity with their judicial oath.
 
2.         Without in any way limiting the purpose of the Federation not specified therein, but consonant with the foregoing primary objective, the ancillary objects shall be: -

(a)        To foster among Justices a high sense of loyalty to the Crown as "Conservators of the Queen's Peace"; to seek to maintain the "Rule of Law” to safeguard the independence of the judiciary, and to strive to ensure that justice shall always be administered wisely, impartially and fairly.

(b)        To co-operate with the Minister of Justice and his Department or other appropriate Authorities in securing that fit and proper persons of good character, integrity and high public esteem shall be appointed Justices of the Peace.

(c)        To promote a high standard of efficiency of services rendered by Justices - thereby to sustain the confidence of the public in the principle that the people may be privileged to participate in the administration of the law by encouraging, promoting or arranging for the dissemination of information among affiliated Associations and Justices generally by the publication and issue of newspapers, magazines, periodicals, books and correspondence, and by promoting or arranging for instructional addresses, lectures, discussions, essays, papers, etc. and generally to take steps to ensure that Justices are properly informed regarding their duties and responsibilities.

(d)       To consider and to seek to promote such reforms of the law as may from time to time be thought expedient and desirable and to be the mouthpiece in this regard to the Government on behalf of affiliated Associations.

(e)        To consider any matter affecting the status of Justices which may be brought by an affiliated Association or delegate and to report and make recommendations to all or any of the affiliated Associations and to make appropriate representations to responsible authorities in this regard.

(f)        To enquire into and compose or settle any difference or dispute between any affiliated Associations upon receipt of a submission setting forth the nature of the said difference or dispute signed by the President and Registrar of the Association or Associations concerned.

(g)        To consider any questions referred to it by an affiliated Association or conference of affiliated Associations and report and make recommendations on the course which should be taken.

(h)               To take action should the circumstances so warrant in respect of any matter represented to it by an affiliated Association, or to petition Parliament in relation thereto, or promote a deputation to Parliament or any other appropriate authority.

(i)                 To take such action as may appear necessary from time to time to protect the status and office of Justices of the Peace against erroneous and ill informed public statements, articles and reports; and to keep the public informed on the aims and objects of the said office and on the services provided by Justices of the Peace.

(j)                 To arrange conferences between affiliated Associations at such times and places as may be deemed expedient.

(k)        To do all such other things considered desirable or necessary being conducive to the attainment of the above objects.
 

Section D - Rules
 
1.         MEMBERSHIP
 
The Federation shall consist of such incorporated Justices Associations in New Zealand as may be affiliated to the Federation.
 
2.         ADMISSION AND RETIREMENT OF MEMBER ASSOCIATIONS
 
(a)        Any Justices' Association may apply for affiliation to the Federation.  Subject to the submission of a suitable Constitution to the Registrar, not later than 01 November in any year, the application shall be determined by ballot on a majority vote at the next succeeding Annual Conference.
 
b)         To be admitted the applicant Association must have a financial membership of not less than one hundred (100) members.
 
(c)        Any affiliated Association whose financial membership falls to less than fifty (50) members at the end of the Association's financial year shall have its affairs investigated by the Board, which shall make recommendations to the Annual Conference as to the course which should be pursued.
 
(d)       Any affiliated Association wishing to terminate its membership of the Federation must give notice in writing to the Registrar before the 1st October in any year and such Association shall be liable for the full fees and levies for that Financial Year.
 
3.         LIABILITY OF MEMBER ASSOCIATIONS
 
Each affiliated Association shall pay to the Federation a Capitation fee.  The amount of such fee shall be decided at the Annual Conference in each year and shall then be levied against affiliated Association membership as at 31st August of that year excluding those members accorded the status of "JP (retired)”.  The Capitation fee so calculated shall be remitted to the Federation by the following 1st February.
 
4.         PATRON
 
The Governor-General of New Zealand, during the tenure of that Office, shall be invited to become the Patron of the Federation.

 
5.         ADMINISTRATION
 
(a)        The administration of the general affairs of the Federation shall be vested in a Board, which shall comprise the President, the Immediate Past President, the Vice-President and four Regional Representatives as follows:
 
(i)                 One member representing the Northern Region comprising the districts of Northland, Waikato, Bay of Plenty, Gisborne, Hauraki, Rotorua, Franklin, Eastern Bay of Plenty and Far North Associations.
(ii)               One member representing the Auckland Region.
(iii)             One member representing the Central Region comprising the districts of Taranaki, Wanganui, Central Districts, Hawkes Bay, Wairarapa, Wellington, Nelson Tasman, South Taranaki, Hutt Valley and Districts and Marlborough Associations.
(iv)             One member representing the Southern Region comprising the districts of Canterbury, West Coast, Ashburton, South Canterbury, North Otago, Otago, South Otago, Gore and Southland Associations
 
all elected as hereinafter provided.  The Officers of the Board shall enter upon their duties at the termination of the Annual Conference at which they were elected, or in the case of Regional Representatives, at which their election was confirmed, and shall continue in office until the termination of the succeeding Annual Conference or when their successors are elected, whichever is the later.
 
(b)        The Board may employ a Registrar under such conditions and upon such terms as it deems appropriate.
 
(c)        The Board may employ such other staff as it may determine from time to time, and upon such conditions and terms as it deems appropriate.
 
 
6.         ELECTION OF BOARD
 
(a)        Written nominations for the positions of President and Vice President will be called for by the Registrar on 1st August annually and may be received from any affiliated Association from that date until the closing of nominations on 1st November.
 
(b)        Written nominations for the positions of the four Regional Representatives may be received from any affiliated Association in the respective region.  Any one Association may only forward one nomination.
 
(c)        All nominations shall, subject to the person nominated consenting thereto, be in the hands of the Registrar not later than 1st November in each year, the nominations for the positions of Regional Representative to be accompanied by his/her Curriculum Vitae for inclusion in the Conference Papers and/or with the voting papers for an election, if required.
 
(d)       The nominees for the positions of President and Vice President shall be financial members of any affiliated Association and must previously have served at least one full year as a Regional Representative on the Board. The nominees for the positions of Regional Representative shall be financial members of an affiliated Association in the region for which they are nominated.
 
(e)        The election for the positions of President and Vice President shall take place at the Annual Conference and such election, in the event of the number of nominations for either position exceeding the vacancies in that position, shall be by ballot in accordance with Rule 17 hereof.
 
(f) The Annual Conference shall confirm the election of the Regional Representatives but following the closing date for nominations the Registrar shall advise Associations in the respective regions of the nominations so received.  In the event that the number of nominations received for any position exceeds the number of vacancies for such position a ballot shall be conducted as follows: -
(i)                 The list of nominations received shall be accompanied by the Curriculum Vitae of the nominees together with a ballot paper listing the names of each of the nominees in alphabetical order and the voting entitlement of the Association pursuant to Rule 16(a).
(ii)               The Association shall cast its vote in accordance with the instructions on the voting paper.
(iii)             The completed voting paper shall be returned to the Registrar, to be received no later than 1st December following.
(iv)             The Registrar, together with a scrutineer appointed by the Board, shall count the votes so cast and advise the respective Associations of the result.
(v)               In the event of an equality of votes the Registrar shall forthwith issue a further voting paper to the relevant associations for the successful candidate to be decided by one vote per Association of the region concerned, such completed voting forms to be returned to the Registrar no later than 15th January following .
(vi)             In the event that there is still an equality of votes after the second election all Associations present at conference will have a vote on the matter.
(vii)           The Conference shall decide as to the disposal of voting papers.
 
(g)        Should no nomination have been received for a Board position by the closing date, nomination or nominations shall be called from the floor of the Annual Conference.
(i)                  Nominations will be received in accordance with Rule 6(a) and (b) hereof, together with written or verbal confirmation of consent of the nominee.
(ii)               Where the number of nominations received does not exceed the number of vacancies for any position the person so nominated shall be declared elected.
(iii)              where the number of nominations received exceeds the number of vacancies for any position an election will take place under the appropriate rules

 
7.         DURATION OF OFFICE
 
(a)    The President, Vice-President and the four Regional Representatives shall hold office for one year until the termination of the Annual Conference at which their successors are elected. However, all officers shall be eligible for re-election.

(b)   Following the termination of an Annual Conference the retiring President shall become the Immediate Past President and shall hold office until a successor as President vacates that office.

(c)    Officers of the Board of the Federation shall not vote at the Annual Conference or General Meetings but such officers of the Board shall not be barred from speaking to any matter before Conference or meeting.

8.         CANVASSING FOR OFFICE
 
Except where carried out in strict compliance with directions issued by the Board under Rule 25, canvassing by a candidate or any Association for any office of the Federation shall disqualify the candidate from election to such office.
 
9.         PRESIDENTIAL HONORARIUM
 
The Federation President shall be paid an Annual Honorarium.
 
The quantum of such Annual Honorarium shall be set by the Federation Board and recommended for approval by the Annual Conference.
 
10.       HONORARY SOLICITOR AND ACCOUNTS REVIEWER
 
10a “That a duly qualified Honorary Solicitor be appointed at each Annual Conference.”
 
10b “That the Conference approves the appointment of a Reviewer of Accounts and that the actual appointment be made at the Annual Conference on the recommendation of the Board”
 
11.       REMOVAL FROM OFFICE
 
A member of the Board may be removed from office on a three-fourths majority vote recorded at a special general meeting provided, however, that the Board may, for any sufficient cause, suspend any member of the Board for a period not exceeding five weeks.

 
12.       MEETING OF BOARD, PROCEDURE AND QUORUM
 
(a)        The Board shall meet at least twice in every year and at such other times as it may deem necessary, but the President may arrange for a special meeting to be convened at any time.
 
(b)        Four members attending the meeting, as ascertained by the Chairman, shall constitute a quorum.
 
(c)        At all meetings of the Board the President, or in the absence of the President, the Vice-President, shall take the chair.  In the absence of the President and Vice-President, a member to be elected by the members attending shall take the chair.
 
(d)       Any meeting held by conference telephone or television call shall be deemed to be a valid meeting.
 
13.       VACANCIES ON BOARD
 
Any casual vacancy on the Board shall be filled by the Board selecting a suitable and eligible Justice to hold such office.
 
14.       ANNUAL CONFERENCE AND GENERAL MEETINGS
 
The affiliated Associations shall be entitled to appoint, to the number prescribed herein, Delegates to any General Meeting or Annual Conference of the Federation and such Delegates, together with the Board, shall constitute such General Meeting or Annual Conference.
 
15.       QUORUM
 
A quorum at any Annual Conference or General Meeting shall comprise Delegates from not less than sixty (60) percent of the Associations constituting the Federation.
 
16.       REPRESENTATION AND VOTING POWER
 
(a)        The entitlement of affiliated Associations to votes at General Meetings or Annual Conference or for the election of Regional Representatives shall be as follows:-
 
For every hundred members or part thereof excluding those members accorded the status of "JP (retired) 1 (one) vote.
 
(b)        Each affiliated Association will be entitled to appoint Delegates equal to the number of votes for that Association and they shall be financial members of that Association.
 
(c)        Each affiliated Association may exercise its full entitlement of votes even if only one Delegate is in attendance at the General Meeting or Annual Conference.
 
In exercising its full entitlement of votes an Association may not split such entitlement on the question being decided.
 
(d)       Voting may be by proxy provided the appointee is a financial member of an affiliated Association and a duly appointed Delegate.  The appointment shall be in writing signed on behalf of the Association concerned and countersigned by the appointee.  The appointment must be for a specified General Meeting or Annual Conference.  The letter of appointment shall be lodged with the Chairman of the Meeting prior to the commencement of the business of the meeting.  No delegate may act for more than one Association in exercising such proxy vote.
 
(e)        Any Association whose Capitation fees and any other levies remain unpaid for any instalment due prior to the Annual Conference or any Special General Meeting of the Federation shall not be permitted to vote either in person or by proxy at any such Annual Conference or Meeting of the Federation until such fees and/or levies be paid.
 
17.       METHOD OF VOTING
 
(a)        Except in the case of the election for the positions of President and/or Vice President or where the General Meeting or Annual Conference otherwise decides every question submitted to a General Meeting or Annual Conference shall be decided by a bare majority of votes cast by way of voting cards or other such method which recognises the respective voting entitlement of Associations pursuant to Rule 16(a) hereof.
 
(b)        In the case of the election for the positions of President and/or Vice President or where the General Meeting or Annual Conference has so decided the election or question before the General Meeting or Annual Conference shall be decided by a bare majority of votes cast, by way of secret vote by the use of voting papers recognising the respective voting entitlement of Associations pursuant to Rule 16(a).
 
The meeting shall decide as to the disposal of any voting papers.
 
18.       MINUTES
 
Minutes of all proceedings at any General Meeting, Annual Conference or Meeting of the Board shall be kept.  The Minutes of a General Meeting or Annual Conference, subject to the power of the Annual Conference in Rule 20, shall be provisionally approved by the Board at its first convenient meeting following such Meeting or Conference.
 

19.       GENERAL MEETINGS
 
(a)        The Annual Conference of the Federation shall be held in each year in either February or March, the exact dates to be determined by the Board after consultation with the Association hosting the meeting, and the Board shall also determine the hours to be observed.  The venue for each such meeting shall be decided by the Annual Conference three years preceding that meeting where practicable and otherwise at a preceding Annual Conference giving as much prior notice as practicable.  At the request of the Association to host any such Annual Conference the venue may be altered by any subsequent Annual Conference before the meeting concerned.
 
(b)        Special General Meetings may be called by the Board and shall be called upon receipt by the Registrar of a requisition setting forth the objects of such meeting, signed by the Registrars of not less than four affiliated Associations.  If the Board does not within 21 days from the date of receipt of the requisition proceed duly to convene a meeting to be held within 60 days from the said date, the requisitionists may themselves, at the expense of the Federation, convene a meeting but such meeting shall not be held after the expiration of 4 months from the said date.  At such meeting only the business specified in the requisition and in the notice to affiliated Associations shall be dealt with.
 
(c)        Annual Conference and Special General Meetings (whether convened by the Board or by requisition) shall be subject to thirty (30) days' notice of the business, time, place and date of the meeting by written intimation to every affiliated Association.  The accidental omission to give or non-receipt of any notice as prescribed herein to or by an affiliated Association shall not invalidate any resolution passed at a meeting to which such notice related.
 
20.       ANNUAL CONFERENCE
 
(a)          The business of the Annual Conference and the order in which it shall be taken, unless the meeting by a three-fourths majority determines otherwise, shall be:
(i)                 To take the Roll Call and receive apologies.
(ii)               To adopt the Minutes of the previous Annual Conference and of any Special General Meetings held since the previous Annual Conference.
(iii)             To receive the Annual Report of the Board.
(iv)             To receive the Financial Statements, together with the report of the Accounts Reviewer.
(v)               To consider applications for election to affiliated membership of the Federation.
(vi)             To receive and consider any recommendations put forward by the Board
(vii)           To consider Motions of which due notice has been given.
(viii)         To consider remits of which due notice has been given and which have been forwarded by any constituent Association of the Federation.
(ix)             To elect or confirm the election of and induct officers and members of the Board for the ensuing year.
(x)               To discuss any business of a general nature which is of interest to Justices.
(xi)             To fix the Capitation fee for the ensuing year.
(xii)           To approve the budget for the current financial year and to approve in principle the indicative budget for the ensuing financial year as submitted in accordance with Rule 35 hereof.
 
 (b)       A remit shall not be considered by Annual Conference unless the Registrar has received it not later than 01 November preceding that Annual Conference.
 
The Board is authorised to edit the wording of a submitted remit in order to clarify, but not change, its intent. This may also include adding such comments which may enhance an understanding of the intent. The Association(s) submitting a remit will be consulted over any changes made by the Board.
 
 (c)       Nothing in the foregoing shall preclude the Board from taking appropriate action with the consent of Conference on matters raised at Conference under General Business or otherwise. Any such actions will be reported back to Associations as they are taken or progressed.
 
21.       SPECIAL GENERAL MEETING
 
The order of business at a Special General Meeting shall be:-
(a)        To take the Roll Call and to receive apologies.

(b)        To conduct the business for which the meeting has been summoned.
 
22.       NOTICES OF MOTION
 
(a)        A Notice of Motion shall not be considered by a General Meeting unless such Notice of Motion has been received by the Registrar not later than forty (40) days preceding such Meeting, or in the case of the Annual Conference not later than 01 November preceding that Annual Conference.
 
(b)        The Board may propose a Notice of Motion on any matter within these Rules.
 
(c)        Upon receipt of a Notice of Motion to be considered at a Special General Meeting, the Registrar shall within thirty (30) days give notice of the time, place and date of the Meeting for consideration of such Notice of Motion.
 
The Board is authorised to edit the wording of a submitted Notice of Motion in order to clarify, but not change, its intent. This may also include adding such comments, which may enhance an understanding of the intent. The Association(s) submitting a Notice of Motion will be consulted over any changes made by Board

23.       PROCEDURE
 
The President of the Federation shall preside at any meeting of the Federation or, if the President is absent, the Vice-President shall do so, or if both the President and the Vice-President are absent, the delegates present shall choose one of their number to chair the meeting.
 
24.       CONDUCT OF MEETINGS
 
After a meeting has been duly constituted, but before the commencement of the formal proceedings, the Chairman with the concurrence of the meeting shall state the times to be permitted to the various speakers in discussions.  The Rules of the debate shall in general follow the Standing Orders set out in the Appendix hereto.  Where any matter is not provided for therein, Parliamentary Rules insofar as they are applicable shall obtain.
 
25.       DUTIES OF OFFICERS
 
The general affairs of the Federation shall be administered by the Board which shall deal with all matters in regard to which no express provision is made in these Rules and shall do such things and issue such directions consistent with these Rules as it may think necessary or expedient for the well-being of the Federation.  The decisions of the Board on all matters shall be binding until set aside by a General Meeting or the Annual Conference of the Federation assembled as provided in these Rules.
 
26.       The Board shall have the power to elect such sub-committees as shall be deemed necessary from time to time to assist it in carrying out its duties.
 
27.       A list of all remits shall be circulated to all affiliated Associations by the Board at least one month before the Annual Conference.
 
28.       The Board shall submit to all affiliated Associations not less than twenty-one (21) days before the Annual Conference a General Report on its management of the affairs of the Federation covering the period since the previous Annual Conference, and such Report shall be accompanied by a duly audited Financial Statements for the year ended 31 October immediately preceding.
 
29.       Any member of the Board absent without leave from three consecutive meetings shall be deemed to have vacated that office and the vacancy shall be filled as prescribed in Rule 13 hereof.

 
30.       DUTIES OF REGISTRAR
 
The duties of the Registrar shall be as follows: -
 
(a)        To keep a correct record of all business transacted at the Annual Conference, General Meetings and at meetings of the Board in an appropriate Minute Book and to record therein all resolutions passed at such meetings.
 
(b)        To keep a proper record of all inward and outward correspondence and to table at the Annual Conference all correspondence relative to the business arising thereat.
 
(c)        To receive and answer all letters.
 
(d)       To convene all meetings as prescribed by these Rules or as directed by the Board.
 
(e)        To keep proper books of accounts and act as Treasurer paying all accounts instructed or authorised by the Board from time to time, and to present to the Board at each of its meetings a detailed schedule of all moneys received, and payments made in the interval between such Board meetings.
 
(f)        To keep a record of the membership of the Federation and to send out notices of fees or levies due.
 
(g)        To prepare and to present at each Annual Conference the duly audited Financial Statements referred to in Rule 28 hereof.
 
(h)        To perform such other duties, not at variance with these Rules, as the Board may from time to time direct.
 
31.       BANKING AND INVESTMENT
 
All moneys received by or on behalf of the Federation shall be deposited to a Bank approved by the Board, and all accounts shall be paid in a manner approved by the Board.
 
32.       FINANCIAL
 
(a)        The Financial Year of the Federation shall close on the 31 October in each year.  Affiliated Associations shall close their accounts not later than 31 August in each year.
 
(b)        The funds of the Federation shall be devoted solely to the furtherance of the objects of the Federation as set out in this Constitution and these Rules.

 
32A:  NO PRIVATE PECUNIARY PROFIT
 
No private pecuniary profit may be made by any person from the Federation.  Notwithstanding the preceding sentence:
(i)            An officer of the Federation may receive full reimbursement for expenses properly incurred by him or her in connection with his or her position as an officer; and
(ii)          the Federation may pay reasonable remuneration to any person, including an officer to the Federation, in return for services actually rendered to the Federation,
provided that any such amount paid shall be reasonable and relative to that which would be paid in an arm’s-length transaction, and the restrictions in Rule 32B are strictly observed.”
 
32 B:  INABILITY TO MATERIALLY INFLUENCE BENEFIT OR ADVANTAGE
 
Notwithstanding anything contained or implied in these Rules, no person shall be able to direct or divert, to their own benefit or advantage, an amount derived from a business carried on by, or for, or for the benefit of the Federation in any manner that would result in section CW 35 of the Income Tax Act 2004 not applying to income derived from that business.
32C: CONFLICTS OF INTEREST
 
(a)           An officer of the Federation who is in any way, whether directly or indirectly, interested or concerned, directly or indirectly in any property or undertaking in which the Federation is or may be in any way concerned or involved shall declare the nature and extent of his or her interest to the other officers.
(b)          No officer shall be entitled to act or to exercise any of the powers conferred under these Rules in any case where his or her interest or duty in any other capacity whatsoever conflicts with his or her duty as an officer of the Federation.”
 
33.       CONFERENCE
 
            The affiliated Association in whose city or town the Annual Conference is held may impose a Conference Registration Fee on all attending the Annual Conference to be approved by the Board.  Application to the Board for approval of the Conference Registration Fee shall be accompanied by a budget and such other supporting information as may be appropriate and shall be presented to the Board in writing prior to 30th June in the year preceding the Annual Conference that they are hosting.
 
34.       The costs and expenses (other than those of members attending) incidental to the holding of the Annual Conference of the Federation shall be borne by the affiliated Association in whose city or town such meeting shall be held, except as provided for in Rule 33.
 
35.       The funds of the Federation shall be generally provided by Capitation fees, levies, donations, interest on moneys invested, Government grants and such other sources as may be decided from time to time.
 
At each Annual Conference, the Board shall submit a budget for the current financial year and, an indicative budget for the ensuing year, the latter based on the Government Grant application(s) already made in respect of that year and the Annual Conference shall fix the Capitation fee of the affiliated Associations for the ensuing year established in accordance with the provisions of Rule 3 hereof.
 
36.       The expenses of the Board incurred in travelling to meetings of the Federation and all administrative expenses incurred by the Board in the management of the Federation affairs in the pursuance of the objects of the Federation shall be included in the Statement of Income and Expenditure referred to in Rule 28 and shall be a charge on the Federation.
 
37.       ACTION OF FEDERATION BINDING ON ALL AFFILIATED ASSOCIATIONS
 
Every affiliated Association shall be bound by these Rules and by every resolution of every General Meeting or Annual Conference of the Federation and by any decision of the Board made consistent with the powers expressed or implied in these Rules.
 
38.       PENALTIES
 
The Federation may suspend or require the resignation of any affiliated Association which infringes any Rule or whose actions are, in the opinion of the Federation, detrimental to the interests of Justices, but no Association shall be suspended or be compelled to resign without the President, Immediate Past President, Vice-President, and Registrar of the Association first being summoned by the Registrar before an Annual Conference or Special General Meeting of the Federation to explain such action.  Any motion thereon shall not become effective unless by a majority of not less than three-fourths of the votes cast.
 
39.       MEMBERSHIP CERTIFICATES
 
Upon receipt of an application from an affiliated association and confirmation that the justice has been duly appointed by gazette notice and has taken the Oath of Office and is a member in good standing of that affiliated association a Certificate of Appointment to the Commission of the Peace and membership of that affiliated association engrossed with the name of the justice shall be issued under the seal of the Federation and signed by the President and the Registrar.  The Federation may from time to time prescribe a fee for the issue of such certificate

 
40.       BADGES
 
The approved badge of the Federation, which may be worn by Justices who are members of affiliated Associations, is to be purchased only from the Federation by the appropriate Association at a fee prescribed from time to time by the Board.
 
(NOTE clauses 39 and 40 DO NOT apply to Ex-officio Justices appointments).
 
41.       NON-FINANCIAL MEMBERS OF ASSOCIATIONS
 
All Associations shall co-operate to ensure that no Justice is newly admitted to membership of an Association without payment of all fees and levies due to any other affiliated Association of which that Justice may formerly have been a member.
 
42.       ALTERATION OF BOUNDARIES
 
The boundaries of each affiliated Association as formally approved by the Federation at the date of the coming into force of these Rules shall not be altered unless the affected Associations mutually concur therein and the Annual Conference has given its approval.  Should mutual acquiescence not be possible, the Board shall determine the issue subject to confirmation by the Annual Conference.  In the event of even voting, the President shall have a casting vote.
 
43.       CODE OF ETHICS
 
(a)        The Federation shall have a Code of Ethics, approved in terms of Rules 22 and 45, which may at any time be amended or revoked and replaced with a new Code in terms of the same Rules.
 
(b)        Once approved the Code of Ethics shall be included as a further appendix to these Rules.
 
44.       COMMON SEAL
 
The Common Seal of the Federation shall be kept in the custody of the Registrar and shall, save as provided in Rule 39 hereof, be affixed to documents pursuant to a resolution of the Board by any two members of the Board or any one member of the Board and the Registrar, each of whom shall append their signature thereto.
 
45.       ALTERATION TO RULES
 
(a)        Subject to clause (b) hereof, these Rules may be repealed, altered, amended or added to by a resolution passed by a majority of the votes represented at a duly convened General Meeting or Annual Conference.  Except where such resolution is passed unanimously by the votes represented at the Meeting, no such resolution shall be passed or be deemed to have been passed unless due notice of the Motion to pass such resolution has been given in accordance with Rule 22 hereof.
 
(b)       Any resolution altering or affecting the education and training objects of the Federation contained in these Rules shall be passed in accordance with Clause (a) hereof, provided that such resolution shall be passed only by a majority of three-fourths of the votes represented at the Meeting; and provided also that no alteration, addition, recession or amendment of these Rules (whether in relation to the objects of the Federation or otherwise) shall be permitted that in any way:
(i)                    detracts from the exclusively charitable objects of either the Federation or the Justices of the Peace Education Trust; or
(ii)                  affects the ability of either the Federation or the Justices of the Peace Education Trust to rely on the income tax or gift duty exemptions for charitable organisations contained in the Income Tax Act 2004 and the Estate and Gift Duties Act 1968.”
 
46.       WINDING UP
 
The Federation shall not be wound up unless all liabilities shall have been discharged and a motion to that effect has been passed by a majority of the votes recorded at a Special General Meeting, specially convened for that purpose, of which thirty (30) days notice shall have been given by the Registrar in writing to all affiliated Associations.  Any surplus moneys remaining after the payment of all liabilities shall be disbursed, subject to the legal provisions applicable at the time, in such manner as a Special General Meeting may determine in accordance with the charitable objects and nature of the Federation. To the extent that the steps outlined in the preceding sentence are not permitted by law, or are not possible, the officers of the Federation shall seek a direction from the High Court of New Zealand as to how the surplus assets are to be distributed
 
47.       These Rules shall come into force as soon as registered under the Incorporated Societies Act 1908.
 

 
APPENDIX
 
A.        STANDING ORDERS
 
1          The Chairman shall decide all points of order raised at a General Meeting or Conference.  In the case of an appeal against the Chairman's ruling, the motion shall be put to the meeting without debate.
 
2.         In case two or more persons rise at the same time, the Chairman shall decide which one has precedence.
 
3.         Motions shall be submitted in writing by the proposer.
 
4.         When a motion has been proposed and seconded, or a report has been presented it shall be deemed in possession of the meeting and no such motion or report shall be withdrawn without the consent of Conference.
 
5.         No new motion shall be entertained until the one under consideration has been disposed of, which may be done by the adoption or rejection, unless one of the following motions intervene, which shall have precedence in the order in which they are placed:-
 
(a)    Postponement
(b)   Reference to a Committee
(c)    Substitute
(d)   Amendment
(e)    Proceed to next business
 
6.                  It shall be in order to move that the question be taken without further debate on any measure before the Conference, and if such motion be sustained by the two-thirds vote of Conference, the question shall be so taken provided that the motion "That the question be now put shall not be twice submitted by the same person during any one Conference.
 
7.                  Only one amendment shall be before the Conference at the same time, but notice of other amendments may be given before the amendment is voted on.
 
8.                  It shall be competent for any person to propose that any subject be considered in committee of the whole Conference, the vote on the proposition to be taken without debate.
 
9.         When any motion has been passed by the Conference, it shall be in order for any delegate who voted with the majority to move for a re-consideration, but the motion to reconsider shall be decided without debate.
 
10.       When any person is about to speak in debate or to deliver any matter to Conference they shall rise and address the Chairman.
 
11.       No member shall be interrupted while speaking except by the Chairman to call them to order when they depart from the question, or use personalities, or disrespectful language; but any member may call the attention of the Chairman to the subject, when they deem the speaker out of order.
 
12.       It shall be within the power of Conference to preserve its order by suspending any member who is guilty of disrespect to the Chair, disorder in the meeting, or blocks the passage of business.
 
13.       No person, save when the Conference is wholly in committee, shall speak more than once on the same question, without permission of Conference, except the mover who shall have the right of a general reply.
 
14.       No person shall be allowed to speak for more than five minutes without leave of Conference, except the mover of a motion who shall be allowed ten minutes for that motion.
 
15.       A two-thirds majority of the Conference may suspend a Standing Order pro-tem.
 
16.       Where an Association is represented by one delegate vote, and that delegate is not the Registrar of that Association, the Registrar of that Association, if present at the meeting, may have speaking rights on the business before the meeting but shall have no voting rights.
 

 

B             CODES OF ETHICS AND CONDUCT
 
The office of Justice of the Peace for New Zealand has powers and responsibilities that involve dealing with the private affairs and rights of individuals from all races, creeds and backgrounds and, as such, demands sensitivity, standards of performance in the role and the maintenance of high standards in the private and working lives of Justices of the Peace.
CODE OF ETHICS
Justices of the Peace shall:
1. carry out their statutory, judicial and ministerial duties in a proper manner and administer the law in so far as they are authorised and called upon to do so, without fear or favour, affection or ill will, in accordance with their  Judicial  Oath  and  in  the  most  conscientious manner possible.
2.  maintain the integrity and dignity of the office through ethical  conduct,  good  example,  high  standards  of citizenship  and  by  not  acting  in  a manner which  is unlawful or  likely  to bring disrepute  to  the office of Justice of the Peace.
3.  preserve  their  Warrant,  displaying  it  only  when necessary  to  establish  their  bona  fides  in  the performance of their duties as a Justice of the Peace.
4. acknowledge  that  their  authority  to  act  is  only  as prescribed by law, and that the office confers no other authority, responsibility, or benefit.
5.  not claim by virtue of their office of Justice of the Peace any privilege or licence to avoid legal responsibilities.
6.  remain  true  to  the  Oaths  of  the  Office  taken  on appointment as a Justice of the Peace.
7.  refrain from giving legal advice in their capacity as a Justice of the Peace.
CODE OF CONDUCT
Justices of the Peace shall:
1. abide by the constitution and the policies of the Royal Federation of New Zealand Justices Associations and to the Association to which each Justice belongs.
2. maintain  a  working  knowledge  of  the  duties, responsibilities  and  obligations  of  a  Justice  of  the Peace by  regularly participating  in  training  sessions provided by their Associations or Royal Federation.
3. willingly and courteously manage the duties required at any reasonable time of the day and night.
4. use  the  office  of  Justice  of  the  Peace  only  for  the purpose  of ministerial  or  judicial  duties  and  not  to enhance their personal status.
5. in the carrying out of duties of a Justice of the Peace disclose  any  interest  or  relationship  likely  to  affect impartiality or which might create an appearance of partiality  or  bias,  and  refrain  from  participating  in such circumstances.
6. maintain  a  record  of  activities,  provided  the information stored is not used in any manner contrary to the Privacy Act.
7. ensure that their availability as a Justice of the Peace is appropriately publicised.
8. not benefit, in cash or kind, for any service as a Justice of the Peace except as may be specifically permitted or authorised by law.
9. cease to act as a Justice of the Peace once they have resigned, been removed or retired from office.
Any breaches of, either the Code of Ethics or the Code of Conduct shall be dealt with according to the Royal Federation Policy for Complaints and Discipline, and, where circumstances dictate, in accordance with the provisions of the Justices of Peace Act 1957 section 5 (i).Associations affiliated to the Royal Federation of New Zealand Justices’ Associations (Inc), shall, as a condition of such affiliation, endeavour to ensure their members’ compliance with this Code and shall suitably amend their Constitutions to make compliance with these Codes a condition of an individual Justice’s membership of his or her Association.
 

THE CONSTITUTION AND RULES OF THE ROYAL FEDERATION
OF NEW ZEALAND JUSTICES' ASSOCIATIONS INCORPORATED
 
(Approved by the assistant Registrar of Incorporated Societies, to April 2010.)
 
 
INDEX

 

 

Rule No.

Page No.

Action of Federation Binding on All Affiliated Associations 37 17
Administration 5 7
Admission and Retirement of Member Associations 2 6
Alteration of Boundaries 42 18
Alteration to Rules 45 18
Annual Conference - Business to be Transacted 20 12 – 13
Annual Conference and General Meetings 14 10
     
Badges            40 17
Banking and Investment 31 15
     
Canvassing for Office 8 9
Code of Ethics            43 18; 21 – 22
Common Seal 44 18
Conduct of Meetings 24 14
Constitution - Section B - 4
     
Duration of Office 7 9
Duties of Officers 25 - 29 14
Duties of Registrar 30 15
     
Election of Board 6 7 – 8
     
Financial 32 – 36 16 – 17
     
General Meeting 19 12
     
Honorary Solicitor and Accounts Reviewer 10 9
     
Interpretation - Section A - 3
     
Liability of Member Associations 3 6
     
Meeting of Board; Procedure and Quorum 12 9 – 10
Membership 1 6
Membership Certificates 39 17
Method of Voting 17 11
Minutes 18 11
     
Non-Financial Members of Associations 41 17
Notices of Motion 22 13 – 14
     
Objects - Section C - 4
     
Patron  4 7
Penalties 38 17
Presidential Honorarium 9 9
Procedure 23 14
     
Quorum - Annual Conference or General Meeting 15 10
     
Removal from Office 11 9
Representation and Voting Power 16 10 – 11
Rules - Registration and Come into Force 47 19
Rules - Section D 1 - 47 3 – 19
     
Special General Meeting 21 13
Standing Orders - 20 – 21
     
Vacancies on Board 13 10
     
Winding Up 46 19
     

 

 
   
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