I am a member of an Incorporated Society and currently have an issue with a breach of Constitution by our Executive

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Customer: I am a member of an Incorporated Society and currently have an issue with a breach of Constitution by our Executive which they refuse to acknowledge. Can I get an opinion of the particual rule and whether it is a breach
JA: What state are you in? And have you consulted a local attorney?
Customer: I am in Waikato NZ and no I haven't consulkted any lawyer yet
JA: Has anything been officially filed? If so, what?
Customer: Simply email communications with the President of the organisation
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I would need to provide a copy of the rules in question - can I do that
Answered by Chris The Lawyer in 12 mins 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

Can you explain what the breach was. Is this a long rule and could you type it in if it is not too long?

Customer
Hi Chris,Very short rule which I attach. Approval of life membership in our sport is by recommendation by the Executive and voted on by all Clubs. In this case the executive made a decision and presented award with no advice to Clubs. Life membership is a rare award and is off the back of a peer review.Executive claim the right to award off the back of another rule – Also attachedKind regardsAlan Sherris
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Chris The Lawyer, Expert

Can you attach the rule again thanks

Customer
I resent by email thanks
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Chris The Lawyer, Expert

How did they fail to follow those rules?

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Chris The Lawyer, Expert

Did they fail to get the national conference to support this?

Customer
to answer your first question, B19.1 specifies the Executive must make a recommendation which must receive a majority vote from the National Conference. The nomination was never put before a Conference or even advised to Clubs for there input before the award was made. The Executive are claiming that regardless of the wording of B19.1, they have the authority to make such decisiona under the provisions of B11.5. I am of the view that B11.5 is for day to day decisions which keeps the sport running
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Chris The Lawyer, Expert

I do not think B11.5 is restricted like that. While it it isn’t clear on the scope of the powers, it could be wide enough to permit that, but still would need to be ratified by conference. So it could be a problem
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Chris The Lawyer, Expert

The difficulty is that to undo the decision you would need to oppose the appointment of the life member which may cause some disharmony
Customer
Thanks Chris. So let me make sure I fully understand. Even though the Rule on Life membership appears very specific on how the nomination is handled (recommended and voted on before the award given), you are saying the Executive is within their rights to confirm the award without ratifying it
Customer
Sorry your second comment came in whist I was typing. I personally think the risk we currently have is that if the award fails to be ratified at the next Conference, it turns into a mess. And there is a chance that may happen. Hence why I am trying to determine if the Executive in fact had the right to ignore the protocol in B19.1
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Chris The Lawyer, Expert

It is a bit uncertain in my view. But in general a specific rule overcomes a general, so their decision would still need ratification
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