CONSTITUTION

TE AKATOKI O TE WHARE

WANANGA O WAITAHA

INCORPORATED

“Ekea Tou Tapuhipuhi”

(Reach for your summit)

AGM 5 October 2013

This constitution replaces all other Constitutions dated before 5th

October 2013

INDEX

1. Te Ingoa / Name

2. Whakamaramatanga / Definitions

3. Mission Statement

4. Nga Whainga / Objectives

5. Membership

6. Whakaretenga / Alteration of Rules / Constitution

7. Taketake / Powers and Obligations

8. Nga Hui / Meetings

9. Appointment of Officers

10. Te Tohu Taketake / Common Seal

11. Te Tari / Office

12. Dissolution

13. Putea / Finance and Accounts

14. Honoraria

15. Indemnity

16. Koha

17. Addition or Alteration Approval

1. TE INGOA / NAME

The name of the association shall be ‘Te Akatoki o Te Whare Wananga o Waitaha Incorporated’ herein after referred to as Te Akatoki.

2. WHAKAMARAMATANGA / DEFINITIONS

In this constitution unless the context otherwise requires: 2.1 ‘Tauira’ means any person of Maori descent attending a programme

of academic study at Te Whare Wananga o Waitaha. 2.2 ‘Te Whare Wananga o Waitaha’ means The University of Canterbury. 2.3 ‘Koha’ means a donation or gift presented or accepted in accordance

with tikanga Maori. 2.4 ‘Semester Days’ means days of actual formal study.

2.5 ‘Returning Officer’ means a person who shall be appointed to conduct matters at times of electoral process or secret ballot.

2.6 ‘Executive’ means Te Akatoki members elected on to the Te Akatoki Executive Board.

2.7 ‘Quorum’ means five executive board members.

2.8 ‘Tikanga’ means correct procedure, custom, habit, lore, method, manner, rule, way, code, meaning, plan, practice, convention.

2.9 ‘Kaituhituhi’ means Secretary.

2.10 ‘Kaitiaki Putea’ means Treasurer.

2.11 ‘Tumuaki’ means the elected President of Te Akatoki.

3. MISSION STATEMENT

“To promote the cultural Maori and academic interests of whanau tauira attending a programme of academic study at Te Whare Wananga o Waitaha” To provide Tauira with social, cultural and academic support while attending a programme of study at Te Whare Wananga o Waitaha

4. NGA WHAINGA / OBJECTIVES

4.1. To develop, maintain and extend all opportunities of greater

awareness to tauira by assisting them in:

4.1.1 The provision of educational and vocational guidance and resources.

4.1.2 To promote and enhance the student experience of tauira through appropriate programmes, services, and activities.

4.2. To promote, maintain and enhance development of tikanga and kawa. 4.3. To pursue appropriate avenues of financial support and resources

including but not limited to negotiating sponsorship arrangements that may assist in the advancement of the Mission Statement.

4.4. To develop, maintain and extend the Principles of Te Tiriti O Waitangi.

5. TAUIRA MEMBERSHIP

Membership of Te Akatoki shall be determined by the following associations: 5.1 Tauira Membership

5.1.1 Membership shall be as of right for any person of Maori descent attending a programme of academic study at Te Whare Wananga o Waitaha

5.1.2 Any tauira of Te Whare Wananga o Waitaha has membership

rights, unless the rights are waived by the tauira.

5.1.3 Any tauira waiving rights to membership may at any time re-assume membership rights by application to Te Akatoki.

5.2 Life Membership The following persons shall be life members of Te Akatoki:

5.2.1 All former Tumuaki of Te Akatoki. 5.2.2 Such other persons (whether previously members or not) as

may, with their consent, be elected as Life Members by a two-thirds majority vote at a General Meeting.

5.3 Honorary Membership The following shall be honorary members of Te Akatoki:

5.3.1 Any person deemed worthy shall become an Honorary Member where a motion to that effect is passed at an Annual General Meeting or Special General Meeting of Te Akatoki.

5.3.2 The Kaituhituhi must receive written notice of such a motion

at least one week prior to the meeting.

5.4 Cessation of Membership Membership of Te Akatoki shall cease in the following circumstances:

5.4.1 Death of member. 5.4.2 Resignation, in the case of any member.

5.4.3 If the member is no longer enrolled at Te Whare Wananga o

Waitaha, unless a Life Member (as per clause 5.2.).

5.5 Discipline

The disciplinary powers possessed by Te Akatoki shall be exercised by the Executive and shall be;

5.5.1 Those laid out in the Incorporated Societies Act (1908). 5.5.2 Such as has been delegated by Te Whare Wananga o Waitaha.

5.5.3 Any person subject to the disciplinary powers of Te Akatoki

shall have the right of appeal to the Executive.

5.6 Hapu / Iwi Register

The Kaituhituhi shall maintain an up to date register of all members of Te Akatoki.

6. WHAKARERETANGA / ALTERATION OF RULES / CONSTITUTION

This constitution may not be altered except by resolution passed at an Annual General Meeting or Special General Meeting in the following way:

6.1 Any delegate or member may propose an alteration, addition, or

recession of this Constitution by submitting such to the Kaituhituhi of

Te Akatoki. Such proposals must be readily available for all members to view at least seven semester days prior to the meeting.

6.2 The notice of the meeting must specify the resolution to be put

forward at the meeting and the reasons for the proposed change to the Constitution.

6.3 Such resolution shall not be passed unless carried by at least two-

thirds majority of members present at the meeting and provided there is a quorum present.

7. TAKETAKE / POWERS AND OBLIGATIONS

In addition to the powers provided by the general law of Aotearoa or contained in the Incorporated Societies Act 1908, the power which the membership of Te Akatoki shall have to achieve its objectives as stated in Section 4 are as follows:

7.1 To acquire by purchase, lease, or otherwise any real or personal

property. 7.2 To sell, maintain, improve, lease, manage, invest, or otherwise deal

with any real or personal property of Te Akatoki. 7.3 To raise, control, extend, and invest the funds of Te Akatoki. 7.4 To join or affiliate with any person, organization, or institution of

whatever kind and having similar objectives. 7.5 To assist where ever possible on matters that requires consultation or

consideration. Te Akatoki shall establish an advisory group from within their membership to carry out this function.

8. NGA HUI / MEETINGS 8.1 Annual General Meetings

8.1.1 The Annual General Meeting of Te Akatoki Incorporated shall be held during the month of September or October (Term 4) at a time and place determined by the Executive.

8.1.2 The purpose of this meeting is the presentation of finances for

the previous period, presentation of any submitted alterations to this constitution, and the election of new appointments to the Executive.

8.1.3 Notification of the Annual General Meeting shall be publicly

advertised at least three weeks in advance of the meeting.

8.2 Special General Meeting

8.2.1 Special General Meetings are to be held only when there is a need to consider some important matter that cannot wait until the next Annual General Meeting.

8.2.2 Notification of a Special General Meeting shall be publicly

advertised at least seven days before the Special General Meeting and must be held during term time.

8.2.2.1 The notice of the meeting must specify the matter to

be put forward at the meeting. No other matters shall be discussed.

8.3 Whanau Hui

8.3.1 The Executive will conduct Whanau Hui at least once a term.

8.3.2 The aim of Whanau hui is to report on the progress of Te Akatoki, hearing issues if raised from the Te Akatoki tauira/whanau and if required the voting of Honorary members.

8.4 Sub-Committees

The purpose of sub-committees is to deal with matters that from time to time cannot be dealt with during the normal course of duty by Te Akatoki.

8.4.1 Any meeting of Te Akatoki can initiate the formation of sub-

committees. Sub-committees may comprise of any member(s) of Te Akatoki Incorporated, as well as people nominated to assist the appointed Sub-committee member(s) at times required.

8.4.2 Subcommittee powers are those delegated by the Executive.

8.5 Minutes of Meetings

8.5.1 The Kaituhituhi will ensure that minutes of meetings are available upon request to any member of Te Akatoki.

8.5.2 Minutes record the following for each meeting: By attendance, the names of those present, and those

submitting an apology for their non-attendance. All decisions that are required by this Constitution to be made

or acted upon by the Governing Committee.

Any other matters arising that are discussed at the meeting. 8.5.3 All in-committee minutes are kept, and classified as

confidential.

8.6 Conduct of Meetings

8.6.1 The elected Tumuaki of Te Akatoki will chair all meetings. In the absence of the Tumuaki, the Executive will elect a person to chair the meeting from amongst the executive board members present.

8.6.2 The Chairperson will keep order and conduct the business of

the meeting in a fair and unbiased manner. 8.6.3 All meetings shall commence and end with a karakia.

8.7 Speaking

All members have the right to attend Te Akatoki meetings but speaking rights will be limited to the following: 8.7.1 Kaumatua of Te Akatoki. 8.7.2 Any member of Te Akatoki. 8.7.3 With leave of Te Akatoki, any person not being a member can

be granted speaking rights.

8.7.3.1. Any person not being a member shall be introduced by a member, and shall state their name and the purpose of their presence.

8.8 Voting

8.8.1 Only members of Te Akatoki shall have the right to move or second a motion.

8.8.2 Motions shall not be passed unless carried by at least two-thirds majority of members present at the meeting and provided there is a quorum present.

8.8.3 In the event of a tie, the matter can be presented again for

further discussion or reconvened to another meeting. 8.8.4 Voting on a motion shall be by voice, or show of hands, unless

two or more members present request a vote by secret ballot.

8.8.5 Secret ballots shall be conducted with the presence of an appointed Returning Officer.

9. APPOINTMENT OF OFFICERS

The Executive shall be elected at the Annual General Meeting.

9.1 The Executive will consist of the following appointments:

9.1.1 President : Tumuaki 9.1.2 Vice President (maximum of 2) : TumuakiTuarua 9.1.3 Secretary : Kaituhituhi 9.1.4 Treasurer : Kaitiaki Putea 9.1.5 Officer (minimum of 5) : Apiha

9.2 Appointments to the Executive can only be filled and carried out by tauira.

9.3 All Te Akatoki Executive shall take office following their election at the

Annual General Meeting. 9.3.1 The nomination process will be outlined by the current

Executive prior to a General Meeting. 9.3.2 Only members of Te Akatoki may submit and second

nominations. 9.4 Voting for election of Officers shall be by vote, show of hands or by

secret ballot. 9.5 Roles within the Executive can be delegated from the current elected

Executive members, except for President/Tumuaki, by vote at an Executive Board meeting. Notification of changes in the Executive Board will be made immediately following changes.

9.6 The term of office for the Te Akatoki Executive will be 1 January to 31 December the year after the AGM they were elected to office.

9.6.1 The new Executive may take office early at the direction of the current Executive. This may occur after the AGM and no later than 1 January of the year after they were elected to office.

9.7 The term of office of a Te Akatoki Executive Officer shall only terminate in one of the following circumstances:

9.7.1 His or her term in office expires pursuant to clause 9.6 of this Constitution; or

9.7.2 He or she dies; or

9.7.3 He or she resigns from office; or

9.7.4 All the other members of the Te Akatoki Executive unanimously decide that the Officer in question should be expelled from office for reasons of incompetence and/or misfeasance and/or negligence in office.

10. PUTEA / FINANCE AND ACCOUNTS

10.1 The financial year of Te Akatoki shall be from 1 January to 31

December of each year. 10.2 All expenditure shall be approved at Te Akatoki meetings.

10.2.1 Expenditure shall not be passed unless carried by a majority of members present at the meeting and provided there is a quorum present.

10.2.2 All expenditure approved for spending must be minuted.

10.3 Proper records shall be kept of all transactions.

10.4 Moneys and negotiable instruments payable to Te Akatoki Incorporated shall be banked in the nominated Te Akatoki Incorporated bank account as soon as possible.

10.5 Te Akatoki Incorporated may operate more than one bank account with any bank of its own choosing.

10.6 The signatories to all accounts shall be the Tumuaki, Kaitiaki Putea, and one other executive member.

10.6.1 The signatures of two signatories are required to authorize

expenditure from any Te Akatoki account. 10.6.2 Te Akatoki may appoint a substitute signatory if a prescribed

signatory is absent for an extended period of time. 10.7 Annual Accounts

The annual accounts for the past financial year shall be presented to Te Akatoki for approval at the Annual General Meeting.

10.7.1 Audit/Review

10.7.1.1 Te Akatoki shall undertake an audit or a review each year. 10.7.1.2 The auditor shall be a member of a professional

accountancy/legal body and shall be approved of at the Annual General Meeting, a Special General Meeting or a Whanau Hui.

10.7.2 A set of approved annual accounts shall be uploaded to the

Incorporated Societies website.

10.7.3 With leave of Te Akatoki membership upon request financial records shall be produced and open for inspection by any member present.

10.7.4 The Treasurer (Kaitiaki Putea) shall produce a monthly

financial statement that shall be presented at any meeting and with leave of Te Akatoki membership present be posted on the Te Akatoki notice board.

11. KOHA 11.1 Should any duty require the payment of ‘koha’ then an appropriate

prior arrangement could be made to use Te Akatoki funds for that purpose.

11.2 All ‘koha’ payments must have prior committee approval.

11.3 All ‘koha’ received must be duly accounted in accordance with proper

financial transaction procedures.

11.4 Moneys received from ‘koha’ must be banked into the Te Akatoki bank account as soon as possible after receipt.

12. HONORARIA 12.1 Honoraria payments to Executive are for reparations for the costs of

attending meetings and other services for Te Akatoki. 12.2 Any honoraria paid to Executive of Te Akatoki are to be regarded in

the following circumstances: 12.2.1 For the Tumuaki, $75.00 per monthly board meeting, up to a

maximum of 11 months per year. 12.2.2 Other Te Akatoki Executive members, $55.00 per monthly

board meeting, up to a maximum 11 months per year.

13. INDEMNITY

13.1 Executive appointees shall be indemnified out of the funds of Te

Akatoki for all costs, losses and expenses which such person may incur or become liable for by reason of any contract entered into, or act or thing done by them as an executive member including travelling expenses and reasonable out of pocket expenses. This applies to official Te Akatoki activities only and pre-approved at a general meeting.

13.2 Any income, benefit or advantage shall be applied to the charitable

purpose of the organization. No member of the organization or any member associated with a member shall participate or materially influence any decision made by the organization in respect of payment to or on behalf of that member or associated person of any income, benefit or advantage whatsoever.

13.3 Any such income paid shall be reasonable and relative to that which

would be paid in an ‘arm’s length’ transaction.

14. TE TOHU TAKETAKE / COMMON SEAL 14.1 The Common Seal of Te Akatoki Incorporated shall be kept in the safe

custody of the Secretary, or such other person as appointed by the committee.

14.2 When required, the Common Seal will be affixed to any document following a resolution of the governing committee and will be signed by the Chairperson or (nominated member acting as the Chairperson) and one other person as appointed by the governing committee.

15. TE TARI / OFFICE The office for Te Akatoki shall be located at: Te Akatoki o Te Whare Wananga o Waitaha c/o UCSA P O Box 31-311 90 Ilam Road Riccarton Christchurch

16. DISSOLUTION 16.1 Te Akatoki Incorporated may be wound up if a resolution requiring Te

Akatoki Incorporated to be wound up is passed and subsequently confirmed in accordance with Section 24 of the Incorporated Societies Act 1908.

16.2 If upon winding up of Te Akatoki Incorporated there remains after

satisfaction of all liabilities any money or property, then distribution of the same can only be made to groups(s) with similar objectives within Aotearoa.

16.3 No individual member or associated member shall be held liable for

any outstanding or remaining debts left after winding up of Te Akatoki

Incorporated.

17. ADDITION or ALTERATION APPROVAL

No addition or alteration to the constitution of Te Akatoki Incorporated shall

be contrary to the laws of Aotearoa.

The following are Executives of Te Akatoki who have submitted their signatures on behalf of the membership of Te Akatoki accept that the Rules and Articles contained herein are formally confirmed as the Constitution for Te Akatoki o Te Whare Wananga o Waitaha.

Tumuaki ___________________ ___ / ___ / ___ Kaitiaki Putea ___________________ ___ / ___ / ___ Member ___________________ ___ / ___ / ___