Javelin Class Owners Association of New Zealand – Constitution
The name of the association shall be the “Javelin Class Owners Association of New Zealand”, hereinafter referred to as “the Association”.
The policy of the Association shall be to co-operate with all yachting organisations and to demand in return observance of the rules and restrictions of the Javelin Class, hereinafter referred to as “the Class”.
The objects of the Association are to further the interests of the Class in New Zealand, and to govern the affairs of the Class under a uniform set of rules, and to affiliate with the New Zealand Yachting Federation
The Association shall have jurisdiction over all class affairs in New Zealand. Its class restrictions shall govern all Class racing and its Constitution and By-laws shall be binding on all members. Javelin Class yachts must confirm to the Associations official rules and restrictions.
5.1 Full membership of the Association shall be open to every owner of a Javelin Class yacht holding a valid registration certificate issued by the Association. Every applicant for full membership must be a member of a recognised yacht club that is affiliated to the New Zealand Yachting Federation. Full members shall be entitled to vote at General Meetings of the Association, on a postal ballot, and at Squadron Meetings provided that in the event of joint ownership of a Javelin Class yacht only one of such joint owners shall be entitled to full membership.
5.2 Associate membership of the Association shall be open to every crew member of a Javelin Class yacht not being the owner of such yacht and any other persons interested in the Class and its activities. Associate members shall not be entitled to vote at General Meetings of the Association or on a postal ballot or at Squadron General Meetings.
6.1 National Council
The headquarters of the Association shall be the area or district of the President and the affairs of the Association shall be managed by a national council comprising the following officers:
6.1.1 President. Shall be elected annually by Squadron Commodores from amongst Squadron Commodores and who shall serve as chairman provided that such election shall be conducted by a postal ballot which shall be completed before the Annual Meeting of the National Council as hereinafter provided.
6.1.2 Squadron Commodores. Shall be elected annually in manner hereinafter provide by clause 6.2.2
6.1.3 The following non-voting honorary officers whose duties may be combined shall be appointed annually by the President from among the members of the Squadron he represents provided however that such officers shall be approved by a majority of the Squadron Commodores:
- Publicity Officer
6.2.1 Five of more financial full members of the Association as hereinafter defined by Clause 9.4 who are the owners of duly registered Javelin Class yachts within any area or district may apply to the National Council for a Squadron Charter which shall be granted if the National Council is satisfied that the establishment of such Squadron would be in the best interest of the Class and would provide regular and easily accessible racing activity to members of the proposed Squadron provide however that all Squadrons actively in existence as at the 31st day of May 1974 shall be deemed to comply with the provisions of this clause and hold a current Charter.
6.2.2 Each Squadron holding a charter shall elect by the 1st day of July in each year from amongst its financial full members a Squadron Commodore who shall represent the Squadron at meetings of the National Council provided however that if the Squadron Commodore is unable through illness or some other cause to attend any meeting of the National Council he shall appoint from the Financial Full Members of the Squadron he represents an official delegate to act in his stead and to vote at such meetings.
6.2.3 In addition to electing a Squadron Commodore in manner provided above each Squadron may elect from all it’s Financial Members such other Officers or committee as may be necessary to assist the Commodore in the performance of his duties.
6.2.4 Squadrons shall compile lists of their financial full and associate members as at the 31st day of July in each year.
6.2.5 A Squadron charter shall lapse upon the number of financial full members of a Squadron falling below five and Commodores of such Squadrons shall forthwith notify the Secretary of such occurrence.
7. Meetings of National Council
7.1 The Quorum at a meeting of the National Council shall be four.
7.2 One calendar month written notice of the National Council shall be given.
7.3 The National Council may delegate to Committees such of its powers and functions if it thinks fit.
7.4 The Annual Meeting of the National Council shall be held in the month of August upon such day and in such place as shall be determined by the National Council.
7.5 Additional meetings of the National Council may be convened from time to time as the National Council or the President shall think fit upon a requisition in writing signed by not less than four members of the National Council.
7.6 Each member of the National Council shall be entitled to one vote when the number of financial full members of the Squadron he represents is not less than five or more than ten; two votes when the number of such members is eleven or no more than twenty; three votes when the number of such members is twenty one or no more than thirty; four votes when the number of such members exceeds thirty provided that in the event of an equal number if votes being cast at such meeting the President shall have one further or casting vote.
The National council may make such by-laws as it thinks fit for the purpose of carrying out the objects of the Association.
9.1 All members shall pay such dues to their local Squadrons as shall be fixed by their local Squadrons.
9.2 Squadrons shall pay annually to the National Council such sums in respect of full members and associate members as shall be fixed by the National Council.
9.3 An Honorary Auditor who shall not be a member of the National Council shall be appointed annually by the National Council.
9.4 The financial year shall end on the 31st day of May in each year and the expressions “Financial Full Members” and “Financial Members” shall be deemed to include such full or other members of the Association whose dues have been paid to the last financial year ended.
10. Suspension, expulsion and resignation
Members may be suspended by the National Council for non-payment of dues for two consecutive years, gross violation of the rules and restrictions of the Class or unsportsmanlike conduct or, after due warning, for persistent disregard of rulings of the National Council. The suspension shall be for a period not exceeding the current year and may be extended to the succeeding year at the discretion of the incoming National Body.
A member may be expelled from the association by a three-fourths majority vote at a meeting of the National Council provided however that any member of the Association may resign his membership at any time upon payment of all dues on the 31st day of May next following
11. Alteration of Constitution and class restrictions
This constitution and the class restrictions may be rescinded altered, amended or added to by a 75% majority of votes that shall be cast in a postal ballot.
12. Common seal
The Association shall have a common seal which shall be under the control of the National Council and shall be affixed to documents only in pursuance of a resolution of the National Council and in the presence of two members of the National Council who shall attest such fixing with their signatures. The seal shall be kept in the custody of the Honorary Secretary.
13. Property, Investments, Bank Accounts
13.1 All investments and property of the Association shall stand in the name of the Association and all investments shall be of a character authorised by law for the investment of trust funds.
13.2 The banking accounts of the Association maybe operated by such persons as shall from time to time be determined by the National Council.
14. Borrowing powers
The Association shall have the power to raise of borrow money in such a manner and upon such security (if any) as the National Council shall think fit and in particular upon the security of any mortgage or mortgages, charge or charges on all or any part of the Associations property, assets and rights (both present and future) and generally with such rights and upon such terms and conditions in all respects as the National Council shall see fit and to purchase redeem or pay off any such securities and reissue the same.
15. Winding up
On winding up and after payment of the Associations liabilities, any surplus funds or assets shall be distributed as a meeting of the National Council shall direct.
If at any time any matter shall arise which is not provided for in these rules, the same shall be determined where appropriate by the National Council whose decision shall be final.