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RULES OF

 

RULES

OF

 

FOSTER CARE NEW ZEALAND INCORPORATED

 

1.       The name of the Society shall be FOSTER CARE NEW ZEALAND INCORPORATED (hereinafter referred to as "the Society")

 

2.       The Society shall comprise the Controlling Body and the Executive Body.

 

3.       The Objects of the Society are:

3.1.      To promote, support and encourage foster parent membership and the establishment of member organizations

3.2.      To support foster parent membership and member organizations of the Society, to assist foster families providing care services to disadvantaged children within New Zealand.

3.3.      To promote through membership of the Society, the improvement of quality of substitute family care of infants, children and young persons in New Zealand.

3.4.      To promote, encourage and support the enacting of a Foster Carers Bill of Rights Act into New Zealand Law.

3.5.      To ensure the principles of the Treaty of Waitangi are incorporated in all policy and practice.

3.6.      To advance the wellbeing of families of Maori and other cultural groups in New Zealand taking account of the different family structures.

 

4.       The Controlling Body is charged with all responsibilities and accountabilities within these Rules except where delegated to the Executive Body.

 

5.       Interpretation: The following words and expressions in these Rules shall bear the meanings herein assigned to them unless such meanings are excluded by or repugnant to the context or subject matter.

5.1.      "A Local Foster Care Association" or "Agency" shall mean any body of persons recognised as such by the Controlling Body.

5.2.      "A Local Foster Care Association Society Member" or "Agency Society Member" shall mean any Association or Agency incorporated under The Incorporated Societies Act 1908 as per clause 5.14, who are financial and are recognised and accepted as such by the Controlling Body.

5.3.      "Member" shall mean a Member of the Society as specified in clause eight (8) of these Rules.

5.4.      "Voting Delegate" shall mean the duly appointed representative of each member qualifying under clause eight (8) of these Rules.

5.5.      "The Controlling Body" shall mean all individual care providers or are members of a member organization or support group acting together in general meeting.

5.6.      "The Executive Body" shall mean the elected / appointed Officers as specified in Clause sixteen (16) of these Rules.

5.7.      "Infant", Child", and "Young Person" shall be understood as defined in the Children, Young Persons and Their Family's Act 1989.

5.8.      "New Zealand" shall mean and include all the territories embraced in New Zealand and all territories held by New Zealand under mandate.

5.9.      Words importing only the singular shall include the plural number and vice versa.

5.10.   Words importing persons shall include corporations.

5.11.   Words implying male gender shall include female gender.

5.12.   "Foster Parent" shall be defined as encompassing all of clauses 5.13 and 5.14

5.13.   "Substitute Family Care" shall include foster care, kinship care, respite care and guardianship.

5.14.    "Family Whanau / Kinship Care" shall be defined as close family blood relations.

5.15.   "The Act" shall mean the Incorporated Societies Act 1908 and any Act or any Acts amending or in substitution for same.

 

6.       In order to promote it's objects, the Society do all or any of the following:

6.1.      Promote, assist and support foster parents and the formation and operation of local Foster Care Associations and other appropriate bodies and organizations in New Zealand whose aims and policies are not in conflict with those of the Society.

6.2.      Establish and maintain registers of membership of the Society as required.

6.3.      Promote policy and standards for foster care and promote their adoption and implementation.

6.4.      Develop and maintain links with appropriate bodies and organizations in New Zealand and overseas whose aims and policies are not in conflict with those of the Society.

6.5.      Promote, assist in and undertake research into various aspects of child welfare in general and foster care in particular.

6.6.      Collect, prepare, publish and distribute information and resource material.

6.7.      Consult and co-operate with and assist Government Departments and other organizations in appropriate activities, including recruiting and publicity campaigns, education and training of foster parents, preparation of resource materials and standard forms, procedure reviews, programmes for monitoring effectiveness and quality of care.

6.8.      Promote, organise and assist in conferences and seminars on various aspects of child welfare in general and foster care in particular.

6.9.      Present submissions to Select Committees, Royal Commissions and other appropriate bodies.

6.10.   Make submissions to political parties on matters of child welfare policy.

6.11.   Make public statements.

6.12.   Publish a regular newsletter.

6.13.   Enter into association with or membership of appropriate bodies in New Zealand or overseas which the Controlling Body may from time to time consider appropriate.

6.14.   Acquire by purchase, take on lease or otherwise lands or buildings and all other property, real or personal which the

Controlling Body may from time to time think proper, or dispose of such property or any part thereof, and to erect on any such land any building and to alter, add to and maintain any building erected upon such land.

6.15.   Raise or borrow money in such manner and upon such security (if any) as the Controlling Body of the Society shall think fit.

6.16.   Employ and dismiss servants and agents.

6.17.   Invest and deal with monies of the Society not immediately required upon such securities or otherwise in such manner as may be from time to time determined.

6.18.   Apply for and obtain any Act of Parliament for the purpose of carrying out the objects of the Society.

6.19.   Enter into any arrangements that the Controlling Body may from time to time consider appropriate, with any Government, Municipal, Local or other Authority that may be conductive to attaining the objects of the Society.

6.20.   Engage, assist and advise in litigation on any matter concerning the welfare of infants, children or young persons or related to the affairs of the Society.

6.21.   Undertake any activity, which, in the opinion of the Controlling Body, advances the objects of the Society.

 

7.       The Controlling Body shall comprise of the members qualifying under clause eight (8) of these Rules.

 

8.       Full Membership of the Society shall comprise:

8.1.      A Local Foster Care Association Society Member or Agency as described in clause (5.3) of these Rules.

8.2.      Any organization incorporated, under "The Act" as per clause 5.14, being financial, whose aims are not in conflict with the aims of the Society and whose application for membership is accepted by the Controlling Body of the Society.

8.3.      Any individual, being a member of a Local Foster Care Association, Society Member or Agency or support group as described in clause (5.5) of these Rules.

 

 

9.       Limited Membership of the Society shall comprise:

9.1.      Associate members being a Local Foster Care Association or Agency not incorporated and recognised and accepted as such by the Controlling Body.

9.2.      Corporate members being corporate bodies which support the Society's objectives but do not form part of the Controlling Body or send voting delegates to general meetings, and whose application is accepted by the Controlling Body of the Society.

9.3.      Associate members who support the Society's objectives, who do not have voting power at general meetings and whose application is accepted by the Controlling Body of the Society.

9.4.      Life members who are deemed to be worthy by deeds and actions, and who are approved by the Controlling Body of the Society.

 

10.    Membership of The Society shall terminate by way of any of the following:

10.1.   Upon receipt by the Executive Body of written notice of resignation.

10.2.   By resolution of the Society in General Meeting, notice having been given.

10.3.   Upon a member ceasing to be qualified as such.

 

11.    Note:

Any member whose membership is terminated shall still be liable for dues owing and for any other liabilities at the time of termination.

 

12.    Any member aggrieved by termination of membership, shall have the right of appeal to the Controlling Body in general meeting.

 

13.    Note:

Not withstanding anything to the contrary contained or implied in these Rules, membership of the Society shall be at the pleasure of the Controlling Body of the Society, providing that membership applications comply with the requirements of the Incorporated Societies Act 1908.

 

14.    Members or their proxies shall meet in Annual Meeting not later than 31st July each year.

14.1.   All matters to be decided at any Annual or Special Meeting of the Society, shall be decided by ordinary resolution and voting shall be by show of hands or on the voices as the Chairperson shall direct, provided that any matter may be decided by secret ballot upon the request of members and where the Chairperson in his discretion considers that a secret ballot would be in the circumstances be appropriate and that all ballot papers be destroyed after voting is complete

14.2.   The Annual Meeting may adopt by ordinary majority statements of policy consistent with these Rules and to be appended to these Rules, provided that notice is given.

14.3.   Such policy may be revoked or amended by ordinary majority at any general meeting provided that notice is given.

14.4.   Such policy shall be binding on the Society but shall not be binding on its incorporated members except where acting for the Society.

14.5.   Membership dues shall be fixed at the annual meeting to be payable at such time and according to such formula as the meeting may decide.

 

15.    Election / Appointment of Officers:

The Annual Meeting shall determine tasks or roles for the coming year that will require elected and /or appointed officers. Each member organization support group shall automatically have a representative on the Executive, and to this end each member organization support group shall select and nominate an Executive Officer/s with a collective Executive maximum number of twelve (12). Having regard to the skills and workloads of the Regional Member Representative / Executive Officers these positions may include the following:

15.1.   Publicity

15.2.   Journal Editor

15.3.   Family Home Liaison

15.4.   Fund Raising

15.5.   Voluntary Agency Liaison

15.6.   Education Conference/Seminar Organiser

15.7.   Research, etc…

 

16.    The following Officers of the Society shall be elected / appointed at the Annual Meeting:

16.1.   Chairperson

16.2.   Treasurer

16.3.   Secretary / Executive Officer

16.4.   Regional Member Representatives / Elected Officers, one (1) elected by and from, each member organization.

16.5.   One of the Regional Member Representative / Elected Officer shall be designated Vice Chairperson

 

17.    The following Officers of the Society shall be elected / appointed at the Annual Meeting:

17.1.   Cultural Officer

17.2.   Honorary Solicitor

17.3.   Honorary Auditor

17.4.   Patron

 

18.    The Chairperson shall:

18.1.   Call and chair general meetings and meetings of the Executive Body.

18.2.   Approve the agenda and notices of motion for such meetings.

18.3.   Interpret policy and decisions of the Society.

18.4.   Oversee the affairs of the Society.

18.5.   Present written reports of these meetings to the membership.

18.6.   Present a written report to the annual meeting.

 

19.    The Vice Chairperson shall:

19.1.   Assist the Chairperson in the performance of his duties.

19.2.   Fulfil the duties of Chairperson in the Chairperson's absence or ceasing to hold office.

19.3.   Call Special Meetings and meetings of the Executive Body if he so deems necessary.

19.4.   Present a written report to the annual meeting.

 

20.    The Executive Officer/Secretary shall:

20.1.   Attend general meetings and keep accurate minutes.

20.2.   Convene such meetings and prepare agendas and notices of motion as instructed by the Chairperson, the Vice Chairperson or five (5) or more Society members.

20.3.   Circulate to all voting delegates a report of each Executive Body meeting within twenty-eight (28) days of such meeting.

20.4.   Conduct the correspondence of the Society.

20.5.   Keep and maintain a register of the Society members.

20.6.   Ensure compliance with the provisions of the Act dealing with the filing of returns and giving of notice of any changes in the registered offices of the Society.

20.7.   Present a written report to the annual meeting.

20.8.   Prepare reports for presentation to funding authorities

 

21.    The Treasurer:

21.1.   Keep accounts and issue receipts.

21.2.   Prepare annual accounts for audit and report to the annual meeting.

21.3.   Prepare and submit Inland Revenue tax and statistical returns as required.

21.4.   Prepare and submit funding applications as directed by the Executive Body.

21.5.   Operate the Society's bank accounts with the Chairperson along with one (1) other Executive member as determined by the Executive Body.

21.6.   Place before the Executive Body any accounts for payment.

21.7.   Prepare and present to General Meeting an annual financial budget.

21.8.   Seek approval from the Governing Body for any extraordinary expenditure not allowed for in the presented financial budget.

21.9.   Present a written report to the annual meeting.

 

22.    The Regional Elected Member Representative Officers shall:

22.1.   Liaise with and support Incorporated Members within the region.

22.2.   Liaise with Regional Offices of the Department of Social Welfare.

22.3.   Liaise with Associate and Corporate organizations in the region.

22.4.   Liaise with groups, and agencies in the region whose activities relate to the objects of the Society.

22.5.   Forward copies of all correspondence to the Chairperson and the Executive Officer/Secretary as soon as practicable.

22.6.   Present a written report to the annual meeting.

22.7.   Represent the Society on committees and organizations where appropriate to their designated role.

 

23.    The Cultural Officer shall:

23.1.   Develop and promote activities for the Society that enhances Cultural sensitivity.

23.2.   Advise the Society on the cultural appropriateness of policy, procedures and practices.

23.3.   Liaise with Members, people, organizations and agencies appropriate to the Office.

23.4.   Represent the Society on select committees, policy meetings, hui and other organizations that support the aims of the Society.

23.5.   Present a written report to the annual meeting.

 

24.    A voting delegate or proxy being elected to one of those offices may be deemed to not assume office until the end of the meeting at which he/she is elected.

 

25.    No person shall hold the office of Chairperson for more than three (3) years consecutively.

 

26.    Special General Meetings:

26.1.   Whenever requested by the Chairperson or the Vice Chairperson or in writing by five or more members, the Secretary shall call a Special General Meeting.

26.2.   Notice of such meeting shall be given within seven (7) days of receiving the request, and if not so given, any Officer Member may convene such a meeting.

26.3.   Not less than fourteen (14) days notice of the date, place and time of any general meeting and of the agenda and any notices of motion shall be given by registered mail to the last known address of the voting delegate.

 

27.    Voting:

27.1.   Each voting delegate/member or proxy present at a general meeting shall have one (1) definitive vote.

27.2.   The Chairperson shall have a casting vote.

27.3.   Any voting delegate/member unable to be present and not represented by a proxy may exercise a vote by mail to the Executive Officer or the Secretary on any motion of which notice has been given.

27.4.   Decisions shall be by simple majority of votes cast, except in the case of amendments to these Rules as provided for in clauses (33.1) below, and except that;

27.4.1. the motion shall be counted as voting against the motion.

27.4.2.        on any motion to amend a motion of which notice has been given, any voting delegate voting by mail on such motion, if any such amendment is passed then any votes by mail on the original motion, wether for or against shall not be counted.

27.5.   Association and Agency members, as per clause 5.2 of these Rules, shall have one (1) head office vote at any General Meeting.

27.6.   At Annual General Meeting there will be a Conference / Attendee Vote, which will be an indicative vote only.

 

28.    Executive Body: Member Representatives / Elected Officers

28.1.   Executive Body members may attend any meeting and shall have the right to speak and to propose but not to second motions and amendments to motions.

28.2.   The Executive Body of the Society shall comprise the elected Member Representatives / Elected Officers of the Society (except the Honorary Solicitor) and the Immediate Past Chairperson.  It shall be responsible to the Controlling Body for managing the day-to-day affairs of the Society and for implementing the Society's policy and resolutions according to priorities and guidelines determined by the Controlling Body in general meeting.

28.3.   A quorum shall be half the voting delegates at the time, except that where voting delegates and their proxies do not constitute a quorum, voting delegates voting by mail on any particular motion shall count towards a quorum for the purpose of considering and voting on that motion.

28.4.   The Treasurer shall operate bank accounts, with either the Chairperson or one other Executive member as determined by the Executive.

 

 

29.    The Executive Body shall meet at least two (2) times per year between annual meetings. Minutes of each meeting or a summary report shall be circulated to the membership after each meeting.

29.1.   A quorum shall be half the elected executive members at the time.

29.2.   The Executive Body may co-opt further Executive members to fulfil identified tasks, each of whom shall be from a membership as designated in clause eight (8) of these Rules.

29.3.   The Executive Body may co-opt Executive members to fulfil casual vacancies that may occur within the elected Executive positions, each of whom shall be from a membership as designated in clause eight (8) of these Rules.

29.4.   The Executive Body may appoint an Executive Officer or Secretary with the rights as defined in clause (30.9) of these Rules.

29.5.   The Executive Body shall set and review conditions for the employment and dismissal of an Executive Officer or a Secretary or an Agent, within guidelines and a budget approved by the Controlling Body.

 

30.    The Executive Body may employ an Executive Officer or Secretary to do all or any of the following:

30.1.   To carry out secretarial tasks as specified in Rule twenty (20) of these rules.

30.2.   To keep files and records for the Society.

30.3.   To operate the library of the Society.

30.4.   To assist in the preparation and distribution to the membership a regular newsletter.

30.5.   To assist in editing and the preparation for publication of the Foster Care Journal.

30.6.   To carry out such other tasks and duties as may from time to time be negotiated with the Executive Body.

30.7.   To present a written report to annual meeting.

30.8.   The Executive Officer shall be responsible to the Executive Body.