Constitution of Auckland Rugby League Incorporated @ November 2020
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CONSTITUTION OF AUCKLAND RUGBY LEAGUE INCORPORATED @ NOVEMBER 2020 The following rules replace all existing rules of the Auckland Rugby League Incorporated and all existing rules are hereby repealed. 1. NAME The name shall be Auckland Rugby League Incorporated (”ARL”). 2. OBJECTS AND POWERS 2.1 Objects The Objects of the ARL are to: (a) Promote Rugby League: promote, foster and develop rugby league throughout Auckland and the wider Auckland region; (b) Arrange Matches: arrange, promote, control and otherwise promote rugby league matches and competitions in any manner within Auckland and /or the wider Auckland region; (c) Arrange Competitions: to hold sports gatherings and competitions and assist in the holding of sports gatherings and competitions whether at an amateur or professional level; (d) Representative Teams: form and manage Auckland representative rugby league teams; (e) Affiliated Body Matches: foster and support inter affiliated rugby league competitions; (f) Provide Pathways: provide pathways to participants in rugby league to attain levels of excellence in their chosen field (for example, managers, coaches, trainers, administrators) (g) Encourage Participation: encourage participation at all levels (for example administrators, players, coaches, referees and supporters) (h) To Carry on Business: in such manner as the Board determines the purposes of which are incidental to the promotion of the interests of rugby league in the Auckland area; (i) Promote Interests of Rugby League: do all such other things to promote the interests of rugby league. 2.2 Powers Subject to Clause 5.4 of the constitution of the New Zealand Rugby League Incorporated, or any clause passed in substitution for it the powers of the ARL are to: (a) Rules: make or alter rules or regulations in accordance with the constitution; (b) Membership: admit new members and withdraw, suspend or terminate membership, or impose set penalties for the breach of any rule or regulation of the ARL or the bringing of ARL or rugby league into disrepute by any member, club, referee, team or member of any club or team under the jurisdiction of a member; (c) Promotion of Rugby League: carry on any business which in the opinion of the Board of Directors is for the benefit of the ARL, or is for the promotion, fostering, development and governance of rugby league in Auckland and or the wider Auckland region; (d) Intellectual Property: apply for, purchase, or otherwise acquire any intellectual property rights, or any secret or other information as to any invention or property for any of the purposes of ARL, and to use , exercise, develop, or grant licenses in respect of the above matters; (e) Partnerships, Joint Ventures: enter into partnership, a joint venture or any other arrangement for the sharing of surplus resources, and to co- operate with any person carrying on or about to carry on any business or transaction; (f) Shares: subscribe to, or otherwise acquire, hold or deal with, shares, debentures, or other securities of any company and to sell or dispose of any such rights, privileges and concessions; (g) Arrangements: enter into any arrangements with any government organisation, Regional or Local Territorial Authority, Trust, not-forprofit organisation, corporate entity, partnership, joint venture or other entity and to obtain from them any authority, rights, privileges and concessions and to exercise any such rights, privileges and concessions; (h) Property: purchase, take on lease or in exchange, hire, and otherwise acquire any real and personal property and any rights and privileges; (i) Investment: invest and deal with the money of ARL; (j) Loans: lend any advance or give credit to any person; and to give guarantees and/or indemnities for the payment of money or the performance of contracts or obligations by any person; and otherwise to assist any person; (k) Borrow: borrow or raise or secure the payment of money charged upon all or any of ARL property and to purchase, redeem, or pay off any such securities; (l) Contract: enter into any contract or arrangement; (m) Legislation: apply for, promote, and obtain any statute, order, regulation, or other authorisation or enactment; and to oppose any bills, proceedings, or applications; (n) Employees: appoint, dismiss or retire employees; (o) Services: to remunerate any person for services rendered or to be rendered; (p) Property of the ARL; sell, improve, manage, develop, exchange, lease, distribute, dispose of or otherwise deal with all or any part of the property and rights of ARL; (q) Hold Charges: take or hold mortgages, liens, and charges to secure payment of any money due to ARL from any other person; (r) Trusts: undertake and execute any trusts and make gifts whether for charitable or benevolent purposes; (s) Representatives: appoint, elect or nominate persons to represent ARL; (t) Delegation: delegate to any person the powers of ARL and to allow the Board or other person to delegate any of the powers delegated to the Board to other persons; (u) Disputes: decide any dispute or hear any appeals on matters relating to ARL and/or rugby league; (v) Make Regulations: make or amend regulations of ARL and rugby league; (w) Carry Out Objects: carry out all or any objects of ARL and do all or any of the above things as principal, agent, contractor, or trustee, or otherwise, and by or through trustees or agents or otherwise, and either alone or in conjunction with others; (x) All Other Things: do all such things as are incidental or conductive to the attainment of the objects and the exercise of the powers of the ARL; 2.3 Independent Construction: It is declared that each of the objects and powers set out in Rules 2.1 and 2.2 are to be constructed independently and are not to be limited by reference to any other objects or powers recorded in Rules 2.1 and 2.2 each of the objects and powers set out in Rules 2.1 and 2.2 are independent objects and powers of ARL. 2.4 No Pecuniary Profit: Nothing in this constitution shall permit any part of the funds of ARL to be used or to be available to be used for the private pecuniary profit of any member or any person associated with any Member. For the avoidance of doubt, term “private pecuniary profit” does not include remuneration or payments for services rendered reasonable and relative to that which would be paid in an arms-length transaction (being the open market value). This Rule 2.4 shall apply notwithstanding any other provision in this constitution to the contrary. 3. CONSTITUTION The ARL shall consist of: (a) All persons whose names, occupations and addresses are set out in the application for incorporation and filed with the Registrar of Incorporated Societies. (b) All persons who have, since the incorporation of the ARL, become members in accordance with the pre-existing rules. (c) All persons who shall hereafter become members provided by these rules. 4. CLASSIFICATION OF MEMBERS (a) Playing members are those persons who register with the ARL or participate in any game of rugby league played under the ARL’s jurisdiction. (b) Official members are those officials whether Board of Directors, appointed members of any committee or sub-committee, club officials, or members of the Auckland Rugby League Referees Association. (c) Honorary members are those not otherwise classified, who subscribe to the fund of the ARL. (d) Club members are those members who meet the criteria set out in clause 5 below. (e) Affiliated organisation members are those organisations affiliated to the ARL. (f) Life Members (i) Life Members may be appointed by the Board of Directors and shall retain their membership for life or until they resign such membership and it shall be permissible for the Board of Directors by majority vote to cancel such Life Membership if in its opinion the member shall have acted in any way contrary to the interests or in a manner damaging to the good name of Rugby League or the ARL. (ii) Nominations for Life Membership shall close at the first meeting of the Board of Directors in the first two weeks of September and shall be voted on by the Board of Directors before 31 October. The maximum number of living Life Members of the ARL at any one time shall not exceed twenty (20). (iii) Life Members may be appointed only if the nomination is supported by not less than two thirds of those Directors present and entitled to vote. (iv) The Board of Directors, clubs, Auckland Rugby League Referees Association, and affiliated organisations may nominate a person for Life Membership of the ARL. 5. AFFILIATED CLUBS AND OTHER AFFILIATED ORGANISATIONS (a) Club or clubs shall mean any club or clubs affiliated to the ARL formed within boundaries as defined by the New Zealand Rugby League Incorporated. Any rugby league club which makes an application for an affiliation to the ARL shall be admitted as an affiliated club member providing it meets the criteria as set down from time to time by the Board of Directors. No club shall establish clubrooms and/or its training facilities on the home ground of an existing club without that club’s expressed consent in writing, and “home ground” shall be deemed to mean that reserve or open area where a club has historically been situated or had its primary playing rights and training facilities. (b) Affiliated organisations shall mean any organisation affiliated to the ARL formed within the boundaries as defined by the New Zealand Rugby League Incorporated. An organisation which makes an application for an affiliation to the ARL shall be admitted as an affiliated organisation member providing it meets the criteria as set down from time to time by the Board of Directors.