Kelvin Grove Community Assn. Inc.

Kelvin Grove Residents' Association Inc. - Old Constitution

Operational between: 1975 & 2006

Note that this version has not been double checked against the original hard copy for typos. In addition, various important matters - including the partial change of name in 1987 - have not yet been outlined in this version of the document .

Kelvin Grove Progressive Association Inc. was incorporated in 1975 (after operating informally since 1967) and had its name changed to the Kelvin Grove Residents' Association Inc. in 1987. In 2006, its name was again changed, this time to the Kelvin Grove Community Association Inc. A new Constitution was adopted at the same time to replace the one below, which had become extremely dated and hard to operate with in terms of IRD, Charitable status etc.

As an aside, the Kelvin Grove Social Hall Society Inc., which fulfilled a similar role to the present association, was incorporated in 1901 and finally 'struck off' the Companies Office list in 1984, after the sale of the old hall. Its property then passed to the (then) Kelvin Grove Progressive Assn. Inc.

Rules of the Kelvin Grove Progressive Association Incorporated

1.    Title

The name of the Association shall be the "Kelvin Grove Progressive Association Incorporated".

2.    Interpretation

The following words or expressions in these Rules shall have the several meanings herein assigned to them unless such meanings are excluded by or repugnant to the context or subject matter.

1. "Association" shall mean the Kelvin Grove Progressive Association.
2. "Kelvin Grove" shall mean that area of the City of Palmerston North bounded by the railway line to the west, Napier Road to the south, James' Line to the east and to the north by a line from the junction of the Hawkes Bay railway line and the main trunk railway north to the junction of James' Line and Kelvin Grove Road.
3. "The Committee" shall mean the Committee comprising of the Chairman, the Secretary, the Treasurer and committee members as stated in Rule 8.
4. Words importing the masculine gender shall include the feminine.
5. Words importing the singular shall include the plural or vice versa.
6. "In writing" or "written" shall include printing and other modes of representing or reproducing words in a visible form.
7. "Honorary" shall mean a position held by a person who is not in receipt of salary or wages from the Association.
8. "The Act" shall mean The Incorporated Societies Act 1908 and any amendments thereto.

3.    Aims, Objects and Powers

The general Aims, Objects and Powers of the Association shall be:

1. To improve the facilities and amenities of Kelvin Grove.
2. To co-operate with and co-ordinate activities of other organisations within Kelvin Grove and encourage the formation of other groups and the organisation of activities relevant to the aims and objects of the Association including cultural activities and sporting activities.
3. To print and publish any newspapers, periodicals, books, leaflets and such descriptive material for the promotion of the aims and objects of the Association and activities of other organisations within Kelvin Grove.
4. To provide an information service for members.
5. To negotiate with and aid members in lawful negotiations with any local authority, Government department or similar body and with any organisation or business concern.
6. To adopt such means of making known the aims and objects of the Association and the activities of other organisations as may seem expedient and in particular by advertising in the Press or on the radio or by television or on building erections or hoardings or by circulars or posters.
7. To make grants or subsidies to or in favour of deserving objects whether or not the same are similar to the objects of the Association.
8. To appoint a representative or representatives to act on behalf of the Association on any other Association, Public Body, Corporation or organisation, if such appointments are, in the opinion of the Committee, in the interests of members.
9. To purchase, take on lease or otherwise acquire on such terms as the Committee may think fit, any real or personal property and rights or privileges, and to erect, maintain, improve or alter any buildings premises or works.
10. To borrow or raise money upon mortgages of any real or personal property of the Association or on debenture or any other security or securities, or without security.
11. To sell, lease, exchange, mortgage, charge or otherwise deal with all or any of the real and personal property of the Association.
12. To receive bequests, subscriptions and donations for approved specific or general purposes connected or incidental to any of the objects of the Association and to manage and administer the same.
13. Generally to do all such other things as may be incidental or conducive to the attainment of the above objects or any of them, or as may in the opinion of the Committee be likely to be of direct or indirect assistance to members and in the interests of the community.

4.    Membership

1. The Association shall consist of an unlimited number of members.
2. Any person or body or organisation whether corporate or incorporate within Kelvin Grove may be eligible for membership and having first completed a form of enrolment approved by the Committee and having paid the subscription for the then current year shall become a member of the Association. (Note that in approx. 1980, the subscription was set at nil, making everyone living within the designated area an automatic paid-up member. Details to follow.)
3. Any person who has resigned from the Association may apply for re-admission by following the procedure set out in (B) above.
4. The Association may at any General Meeting of which proper notice has been given on behalf, on the unanimous recommendation of the Committee, elect any member or past member to be a Life Member of the Association in honour of such member's services or lengthy membership of the Association or for any other reason whatsoever which the Association in General Meeting may consider fit. A Life Member shall be deemed to be a financial member. A person not residing in Kelvin Grove may be elected a Life Member.
5. The Committee from time to time, and without such person making application for membership, may elect to Honorary Membership from year to year or for any specific period or periods, any person whether or not residing in Kelvin Grove. Honorary Members shall be exempt during their period of Honorary Membership from payment of subscriptions, but shall be entitled to the usual privileges of membership, excepting the right to vote or to hold any office.

5.    Discontinuation of Membership

A person shall cease to be a member of the Association if:

1. Having paid the then current year's subscription he shall by notice in writing to the Association resign from Membership.
2. Having failed to pay his subscription nine months after the date appointed for the payment thereof his name shall be removed from the Association's Register of Members.
3. He be expelled by resolution of the Committee. (Written notice of a resolution to expel a member under this Rule shall be given to the Secretary at least fourteen days before the meeting at which such resolution is to be moved, and the Secretary shall inform the member in writing of the notice at least ten days before the day of such meeting and an opportunity shall be given to the member of being heard at such meeting).
4. He ceases to reside in Kelvin Grove.

6.    Register of Members

The Association shall keep a Register of its members containing the names, addresses and occupations of those members and the dates on which they became members.

7.    Subscriptions

1. The annual subscription payable by members shall be such sum and payable at such times as the Committee shall from time to time determine.
2. A joining or entrance fee may be payable by new members if decided upon and as may from time to time be determined by the Committee.
3. Any member who resigns from or is expelled from the Association shall not be entitled to any refund of his subscription or any part thereof.

8.    Officers

The officers of the Association shall be a Chairman, a Secretary, a Treasurer, a Committee of at least three and not more than twelve other members and an Auditor. The officers, except the Auditor, must be financial members of the Association. These officers, excepting the office of Auditor, may be held by one or more members but the full Committee may not consist of less than six persons.

9.    Election of Officers

1. All officers shall be elected annually, and shall hold office until the following Annual General Meeting or until a Special General Meeting  called specifically for the re-election of officers or an officer or officers discontinue membership as stated in Rule 5 or resigns from an official position.
2. All officers may be eligible for re-election.
3. Any vacancy which occurs in the Committee may be filled by the Committee and the person so appointed shall hold office until the following Annual General Meeting or as stated under clause (A) of this Rule.
4. The members in office at the date of the adoption of these Rules shall continue in office in the same manner as though they had been appointed under these Rules.

10.    Financial Year

The financial year of the Association shall end on 31st March.

11.    General Meetings

1. The Annual General Meeting shall be held as soon as practicable after 31st March in each year but not later than 31st July, and at such time and place as may be decided by the Committee.
2. Prior to the date of the Annual General Meeting the Secretary shall call for nominations to the Committee by sending to each member a notice asking for nominations to each office. All nominations shall be made in writing with the consent of the nominee endorsed thereon, and lodged with the Secretary or a Returning officer appointed by the Committee prior to the Annual General Meeting. Further nominations may be accepted at the Annual General Meeting.
3. The business of the Annual General Meeting shall be to receive the Annual Report of the Committee and the duly audited Annual Statements of the income and expenditure and assets and liabilities of the Association, elect the officers of the Association and receive any other business.
4. A Special General Meeting shall be called at any time by the Committee on its own decision or within twenty-one days of receipt of a request signed by fifteen financial members, specifying the object or objects of such Special General Meeting.
5. No business shall be transacted at any Special General Meeting except that which shall be specified in the notice calling the meeting.
6. Notice of any General Meeting, whether Annual or Special, specifying the object or objects of any such meeting, shall be posted or delivered to all financial members at least seven days prior to the day fixed for the holding thereof. The Committee may, in addition, advertise, as it may decide upon, calling the attention of members to the holding of the meeting.
7. The quorum at all General Meetings shall be fifteen financial members personally present.
8. At all General Meetings every financial member personally present and entitled under these Rules to vote shall be entitled to one vote and the Chairman shall, in addition, have a casting vote. All voting shall be on the voices or by a show of hands unless a poll is demanded by at least five members. Any poll shall be taken in such a manner as the Chairman decides. A motion shall be carried by a single majority except as stated in Rule 12.
9. At every General Meeting the chair shall be taken by the Chairman if present or in his absence by the Deputy Chairman if there be one decided upon by the Committee, or failing these officers a Chairman nominated by the persons present at the meeting.
10. If within thirty minutes from the time appointed for the meeting a quorum of members is not present the meeting shall be adjourned and the adjourned meeting shall be held within thirty days. It at such adjourned meeting a quorum of members as provided for in clause (G) hereof is not present the members then present shall constitute a quorum. Notice of such adjourned meeting shall be given as stated in clause (F).
11. The election of officers shall be by ballot if necessary and two scrutineers shall, prior to the holding of any ballot be appointed by the members present. They shall conduct the ballot and shall certify to the Chairman the name or names of the persons elected. Immediately the Chairman has declared the successful nominees duly elected the ballot papers shall be destroyed.

12.    Alteration of Rules

Subject to Section 21 of the Act these Rules or any of them may be altered added to or rescinded by a resolution in that behalf passed by a majority of not less that two-thirds of the members as, being entitled to do so, vote in person at a General Meeting of which notice specifying the intention to propose the resolution has been duly given.

13.    Common Seal

The Secretary shall have custody of the common seal of the Association and such seal shall not be affixed to any instrument except by the authority of a resolution of the Committee, and in the presence of a member of the Committee and of the Secretary or other such person as the Committee may appoint for the purpose; and that member of the Committee and the Secretary or other person aforesaid shall sign every instrument to which the seal of the Association is so affixed in their presence.

14.    Control and Investment of Funds

The funds of the Association shall be deposited in account or accounts at a bank or banks as decided upon by the Committee from time to time except that the Treasurer shall hold petty cash in a sum not exceeding an amount decided by the Committee from time to time and excepting that funds not immediately required may be invested as determined by the Committee from time to time with the agreement of the Auditor of the Association. The accounts shall be operated upon by the signatures of any two of the following officers: the Chairman, the Secretary, the Treasurer.

15.    Winding Up

In the event of winding up or dissolution of the Association all assets shall be realised and any money which may remain after the payment of all debts and liabilities shall be disposed of as members of the Association in General Meeting may decide.

16.    Powers of Committees

1. The Committee may meet together for the dispatch of business adjourn and otherwise regulate its meetings as it may decide. Questions arising at any meeting shall be decided by a majority of votes. In the case of an equality of votes the Chairman shall have a second or casting vote. Any three members of the Committee may and the Chairman or Secretary on the request of any such three members shall at any time summon a meeting of the Committee.
2. The quorum necessary for the transaction of the business of the Committee shall be five.
3. The continuing members of the Committee may act notwithstanding any vacancy in their body but if and so long as their number is reduced below the number fixed as the necessary quorum the continuing members of the Committee may act for the purpose of summoning a General Meeting of the Association but for no other purpose.

17.    Subcommittees

The Committee may appoint Sub-Committees, and may delegate them such powers as it may decide. Such Sub-Committees may comprise persons who are not members of the Association or of the Committee. Sub-Committees shall report to the Committee, and the decision of any Sub-Committee shall be subject to confirmation by the Committee, except in cases where the Sub-Committee is given full power to act. A Sub-Committee shall appoint its own Chairman but the Chairman shall be a member of the Committee, except where in special cases the Committee may otherwise order. The Chairman of the Committee shall be an ex-officio member of all Sub-Committees unless otherwise directed by the Committee. The quorum of Sub-Committees shall be fixed by the Committee.

Last Updated: 1 January 2007