Constitution - Page 3
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PART 3 - MEMBERSHIP
4. MEMBERSHIP QUALIFICATIONS
A person is qualified to be a member of the D.C.C. if, but only if:
(a) the person or entity is a person referred to in section 15(1)(a), (b) or (c) of the Act and has not ceased to be a member of the D.C.C. pursuant to rule 6; or
(b) the person is a natural person or entity who has:
(i) applied for membership of D.C.C. as provided by rule 5; and
(ii) who has been approved for membership of D.C.C. by the Committee.
5. APPLICATION FOR D.C.C MEMBERSHIP
(1) An application of a person or entity for membership:
(a) must be made by the applicant in the form set out in Appendix 1; and
(b) lodged with the secretary of D.C.C. together with a payment of the membership fee and annual subscription set out in rule 10.
(2) As soon as practicable after receiving an application for membership, the secretary must refer the application to the Committee which is to determine whether to approve or to reject the application.
(3) If the committee approves the application the secretary shall then notify the applicant and enter the applicant's name in the register of members. Upon such entry, the applicant becomes a member of DCC.
(4) If the Committee rejects the application it will refund to the applicant the membership fee and annual subscription paid in rule 5(1).
5a. LIFE MEMBERS
(1) A person is eligible for Life Membership if, and only if:
(a) A person is a member of the DCC.
(b) The member has been nominated in writing by completing the form set out in Appendix 3 for life membership.
(c) The nomination must have a Proposer and Seconder who are members of the DCC.
(d) The nomination is lodged with the Secretary of DCC no later than 6 weeks before the Annual General Meeting.
(2) The Committee will meet to discuss any Life Membership nominations and will consider the nomination and any submissions received in support of the nomination at the time it is lodged with the Secretary.
(3) At the time the nomination is considered by the Committee, the Committee when deciding to accept or reject the nomination, must reject the nomination if at that time to accept the nomination would result in the number of Life Members exceeding 2% of the total DCC membership.
(4) The Committee's decision to accept a nomination must be unanimous by secret ballot.
(5) If the Committee accepts a nomination, the nomination will then be put to the members for determination by a majority of votes at the next Annual General Meeting held pursuant to clause 25.
(6) If the Committee rejects a nomination, a member may be re-nominated at any other time.
(7) A Life Member shall not be required to pay membership or any other DCC fees.
6. CESSATION OF MEMBERSHIP OR LIFE MEMBERSHIP
A person ceases to be a member or life member of the D.C.C. if the person:
(a) dies; or
(b) resigns membership or life membership; or
(c) is expelled from D.C.C. by the Committee; or
(d) has not paid membership fees by the time of the Annual General Meeting.
7. MEMBERSHIP OR LIFE MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE
A right, privilege or obligation which a person has by reason of being a member or life member of D.C.C.:
(a) is not capable of being transferred or transmitted to another person; and
(b) terminates on cessation of the person's membership or life membership.
8. RESIGNATION OF MEMBERSHIP
(1) A member is not entitled to resign that membership except in accordance
with this rule.
(2) A member who has paid all amounts payable, may resign by first giving notice of resignation to the secretary (one month's written notice or as agreed by the Committee)
(3) The secretary shall record the date on which the member ceased to be a member.
9. REGISTER OF MEMBERS AND LIFE MEMBERS
(1) The public officer shall establish and maintain a register of members and life members specifying the name and address of each person or group, together with the date on which the person or group became a member or life member.
(2) The register must be kept at the principal place of administration of D.C.C. and made available, free of charge, by any member or life member to view at a reasonable hour and by agreement with the secretary.
10. FEES AND SUBSCRIPTIONS
(1) A member must, on application to membership, pay to D.C.C. a fee of $1.10 (including GST) or as otherwise determined by the Committee,
(2) In addition an annual subscription for the period 1 July to 30 June of each year as determined by the Committee is payable by members.
11. MEMBERS' OR LIFE MEMBER'S LIABILITIES
(1) The liability of a member or life member to contribute towards the payment of D.C.C.'s debts and liabilities, if any, or to the costs, charges or expenses of the winding up of D.C.C. is limited to the amount if any, of unpaid fees and subscriptions in respect of the membership.
12. RESOLUTION OF INTERNAL DISPUTES
(1) Disputes between members or life members (in their capacity as members or life members), and disputes between members or life members and D.C.C., are to be referred to a community justice centre for mediation in accordance with the Community Justice Centres Act 1983.
13. DISCIPLINING OF MEMBERS OR LIFE MEMBERS
(1) A complaint may be made by any member or life member of D.C.C. that some other member or life member of D.C.C.:
(a) has persistently refused or neglected to comply with a provision or provisions of these rules: or
(b) has persistently and willfully acted in a manner prejudicial to the interests of D.C.C.
(2) On receiving such a complaint, the committee:
(a) must cause notice of the complaint to be served on the member or life member concerned: and
(b) must give the member or life member at least 14 days from the time the notice is served within which to make submissions to the committee in connection with the complaint; and
(c) must take into consideration any submissions made by the member or life member in connection with the complaint.
(3) The Committee may, by resolution, expel the member or life member from the D.C.C. or suspend the member or life member from membership or life membership of the D.C.C. if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the facts alleged in the complaint have been proved.
(4) If the Committee expels or suspends a member or life member, the secretary must, within 7 days after the action is taken, cause written notice to be given to the member or life member of the action taken, or the reasons given by the Committee for having taken that action and of the member's or life member's right of appeal under rule 14.
(5) The expulsion or suspension does not take effect:
(a) until the expiration of the period within which the member or life member is entitled to appeal against the resolution concerned; or
(b) if within that period the member or life member exercises the right of appeal, unless and until the D.C.C. confirms the resolution under rule 14(4), whichever is the later.
14. RIGHT OF APPEAL OF DISCIPLINED MEMBER/S OR LIFE MEMBER/S
(1) A member or life member may appeal to D.C.C. in general meeting against a resolution of the Committee under rule 13, within 7 days after notice of the resolution is served on the member or life member, by lodging with the secretary a notice to that effect.
(2) The notice may, but need not, be accompanied by a statement of the grounds on which the member or life member intends to rely for the purposes of the appeal.
(3) On receipt of a notice from a member or life member under clause (1), the secretary must notify the Committee which is to convene a general meeting of the D.C.C. to be held within 28 days after the date on which the secretary received the notice.
(4) At a general meeting of the D.C.C. convened under clause (3):
(a) no business other than the question of the appeal is to be transacted; and
(b) the committee and the member or life member must be given the opportunity to state their respective cases orally or in writing, or both; and
(c) the members and life members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
(5) If at the general meeting D.C.C. passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.