UoA-MSC ACCORD: CONSTITUTION AND RULES OF THE UNIVERSITY OF AUCKLAND MOTORSPORT CLUB (2024+)
1. Name
(a) The University of Auckland Motorsport Club shall be the official name of the Club frequently referred to by the following titles–
i. Motorsport Club
ii. UoA Motorsport
iii. @UoAMotorsportNZ
iv. UoA-MSC
(b) For the purposes of this Constitution; The University of Auckland Motorsport Club shall be referred to as “the Club.”
2. Objects
The Club shall have as its objects the following, namely –
(a) To promote safety in the operation of motor vehicles;
(b) To advocate for motorsport within the University;
(c) To facilitate the participation of students in motorsport-related events and competitions;
(d) To promote knowledge and understanding of the nature of motorsport to students, faculty, and the general public alike, as being a pursuit enjoyed by many New Zealanders and part of the ‘Kiwi way of life’;
(e) To provide moral instruction, intellectual improvement, and enrichment of members’ physical, emotional, social, interpersonal, and spiritual life through the mutual enjoyment of and affection for motorsport;
(f) To render contributions on behalf of the University and members to the quality, discipline, sportsmanship, and esteem of motorsport in New Zealand;
(g) To render contributions to the sporting reputation and general esteem of the University of Auckland; and
(h) To represent the sport of motorsport to University students, faculty, and staff in a positive manner conducive to the aforementioned Objects (a) – (g) by applying the Guiding Values held by the Club as delineated in section (3).
3. Guiding Values
The Club holds as its’ guiding values the following –
(a) Sportsmanship;
(b) Mastery, as attained through personal dedication, sacrifice, and resilience;
(c) Integrity and Fairness, as embodied by the individual and organisation;
(d) Courage, fearlessness, dedication, and fortitude in attaining the highest virtues of character and personal development in all areas of life; and
(e) Good faith, whereby –
i. The express definitions within the Club’s Constitution;
ii. The University of Auckland’s statutes, regulations and policies;
iii. The Fédération Internationale de l’Automobile (F.I.A.)’s #PurposeDrivenMovement;
iv. Initiatives comparable to the F.I.A.’s #PurposeDriven Movement from, but not limited to –
a. The Fédération Internationale de Motocyclisme (F.I.M.),
b. Motorsport New Zealand (M.S.N.Z.),
c. Motorcycling New Zealand,
d. Other (inter)regional motoring and/or transport-themed organisations’ corresponding initiatives that align with the Club’s Objects under section (2), and
v. The unintended misalignments – and subsequent loopholes – within and between the foregoing subsections under section (3) above, with respect to New Zealand Legislation;
Are applied and engaged with in a manner that promotes the Objects of the Club as delineated in section (2).
4. Attainment of Constitutional Terms: Extraordinary Circumstances
During periods of extraordinary circumstances, including but not limited to –
(a) Circumstances defined as emergencies under the Civil Defence Emergency Management Act, S4;
(b) Instances of force majeure not defined by section (4), subsection (a);
(c) Egregious acts and/or omissions from internal and/or external parties which have a serious, grievous, and/or detrimental impact on the Club;
i. Serious, grievous, and/or detrimental may be defined as any act or omission – unlawful or otherwise – which prevents the Club from peacefully and uninterruptedly pursuing its Objects and Guiding Values as delineated in section (2) and (3) respectively.
(d) Motions to activate section (18) Dissolution and cumulative motions which alter the Constitution to reduce the barrier to activating section (18);
The Club shall be empowered to appoint a Founding, Life Member and/or a Foundational Life Member to support the pursuit of the terms of this Constitution; who shall be empowered to benevolently do all things which are incidental to and necessary for the attainment thereof – as described in Prepare To Win, Chapter 13, p158 by Carroll Smith c1975 (“ORGANIZATION” subheading, paragraph 1).
5. Property of the Club
(a) The property of the Club shall be defined as any asset – legally held under the Club’s legal title – with an assignable ‘book value’;
(b) All of the Club’s property must be recorded in the Club’s asset register;
(c) The Club shall apply all of its property – and income – for the purpose of attaining the Objects delineated in section (2), with respect to the following –
i. No part of that property or income shall be paid or otherwise distributed, directly or indirectly, to members of the Club or any other person or entity, except in good faith in the promotion of the said Objects;
6. Powers of the Club
The Club – in accordance with its Objects, Guiding Values, and New Zealand Legislation – confers on itself the following powers, including but not limited to –
(a) The acquisition, holding, dealing with, use, and disposing of any real, personal and/or intellectual property;
(b) To open and operate bank accounts;
(c) To borrow money upon such terms and conditions as the Club thinks fit;
(d) To invest its money in any security in which trust moneys may be invested or any other manner authorised by the rules of the Club;
(e) To give such security – via the Club’s property or otherwise – for the discharge of liabilities incurred by the Club as the Club thinks fit;
(f) To appoint agents and employees to transact any business of the Club on its behalf – for reward or otherwise – in the promotion of its Objects;
(g) To build, construct, erect, maintain, alter, and repair any premises, building, or other structure of any kind and to furnish, equip and improve the same for use by the Club;
(h) To accept donations and gifts in accordance with the Objects of the Club;
(i) To print and publish any information by approved physical or digital media including – but not limited to – newsletters, newspapers, articles, leaflets, websites, social media and/or campus marketing for promotion of the Club;
i. Media approval is at the discretion of the Management Committee and must uphold the Clubs' Objects and Guiding Values; with particular consideration given to section (2) subsection (e) in order to protect our membership;
(j) To provide gifts and prizes to members for the promotion of the Club, in accordance with the Objects and Guiding Values of the Club;
(k) To organise events of a social, sporting, and/or educational nature for members and the promotion of the Club; and
(l) To enter into any other contract the Club considers necessary or desirable.
7. Membership
(a) Membership shall be open to – in accordance with The University of Auckland’s Clubs Support Committee’s prescribed membership ratio of at least 70% University of Auckland students – any student, faculty member, staff member, affiliate, and/or friend of The University of Auckland, being of good character, who wishes to further the interests of the Club; and who subscribes to this Constitution; and abides by the Club’s Objects and Guiding Values, as set out in sections (2) and (3) respectively.
(b) Any person seeking membership shall complete the appropriate membership application form as indicated by the Club;
(c) Membership Categories
i. Ordinary Member
Any person who is a financial member of the Club is entitled to enjoy the privileges of the Club, and – after having the soundness of their character confirmed in accordance with section (12) subsection (a) – hold any office they are deemed capable of holding with the Club in accordance with section (12) all-inclusive.
ii. Sporting Member
Persons who are interested in the in-person playing activities of the Club may become a Sporting Member. These persons enjoy the privileges of Ordinary Members at a greater membership levy to account for incidentals – including but not limited to –
a. Licensing (with appropriate governing body)
b. Registration (with appropriate governing body)
c. Insurance
d. Maintenance/Upkeep (of Club Assets)
e. Miscellaneous
iii. Life Member
Life Membership is gifted to individuals who have given outstanding service to the Club. These members are exempt from Financial Membership obligations in section (8) to recognise their contribution to the Club and its Objects.
Life Members, Foundational Life Members, and/or Management Committee may elect any member who has been a member of the Club for at least four (4) financial years who –
a. Has been a contributing member of the Executive; and/or
b. Has given outstanding service to the Club.
Any member may nominate a person to Club Executive for Life Membership consideration. Unless expressly described otherwise; Life Members shall have all the rights, privileges, and duties of other members.
iv. Foundational Life Members
Foundational Life Members – having been instrumental in the formation of the Club – carry the same rights, privileges, and duties as Life Members. These members shall be:
a. Those who have voluntarily held Management Committee roles at any point during the Club's first epoch and wish to be assigned Foundational Life Member status; and/or
b. May include members who are instrumental in aiding with the Club’s pursuit of a desirous legal status, including but not limited to incorporated society and/or charitable trust registration.
v. Management Committee Member
Management Committee Members are as described in section (10). These persons are exempt from Financial Membership obligations in section (8) to recognise their desire and competence to contribute to the Club’s Objects.
(d) Member rights, responsibilities, and duties: Unless expressly described in this Constitution; each person admitted to membership shall be –
i. Bound by the Constitution of the Club;
ii. Come liable for such fees and subscriptions as may be fixed by the Club; and
iii. Entitled to all advantages and privileges of the relevant membership category.
(e) Rights, responsibilities and duties: Special membership statuses –
i. Foundational Life Members shall have their special Management Committee privileges – including but not limited to deliberate statuses and casting votes – activated upon participation in one (1) playing activity with the Club during the past twelve (12) months. They are considered ‘active’ upon special status activation;
ii. Life Members shall have their special Management Committee privileges – including but not limited to deliberate statuses and casting votes – activated upon participation in one (1) playing activity with the Club during the past twelve (12) months. They are considered ‘active’ upon special status activation;
iii. For the purposes of this Constitution, a playing activity shall be defined as any activity which may be expressly categorised as a social, sporting, and/or educational event; that the Club has either organised or has been invited to; that does not exist solely for the purposes of Club business and administration.
(f) The Management Committee shall appoint a member of the Management Committee to maintain an up-to-date register of members of the Club.
(g) A member may at any reasonable time inspect the non-sensitive and non-confidential records and documents of the Club.
8. Membership Fees, Subscriptions & Financial Membership Term Lengths
(a) Membership fees must be levied by the Club in order for members to fulfil their financial membership obligations under section (7) subsection (c);
(b) Prospective financial members of the Club may obtain the aforementioned membership status with respect to the following term lengths –
i. Semester: A five-dollar ($5.00) membership fee received in advance – or during a specific academic semester – will see a person’s financial membership status be carried through to the end date of that semester,
ii. Annual: A ten dollar ($10.00) membership fee received in any date of a calendar year will see a person’s financial membership status be carried for 12 months, starting from the date which the levy was received by the Club;
(c) A person’s financial membership status terminates upon the completion of their specified membership term unless otherwise renewed – in advance or at the discretion of the Club Officer or Executive managing that particular membership account (with approval from the Management Committee).
(d) A financial member with a Semester or Annual membership status may receive a full refund of their membership fee should the Club receive a notice of their desire to terminate their corresponding membership status –
i. During the first two (2) weeks of the academic semester which their membership levy was paid, or
ii. Within seven (7) days from the date which their membership fee was received by the Club.
(e) A financial member with an Annual membership status may receive a partial refund of their membership fee should the Club receive a notice of their desire to terminate their corresponding membership status –
i. After the terms described in the foregoing section (8) subsection (d), and/or
ii. On the Sunday before the following University of Auckland Club Expo,
(f) In exceptional circumstances – including but not limited to financial and/or personal hardship – the Club Officer or Executive managing a particular membership application may reduce or waive the applicant’s financial membership obligation in order for the member to partake in the Club’s playing activities (with approval from the Management Committee).
i. Members who have had to utilise this subsection may enjoy the privileges of holding office upon either fulfilling the financial obligation OR volunteering to become a General Executive.
(g) Subscriptions for non-members may be levied by the Club by approval of the Management Committee. Approval of said subscriptions shall be by way of resolution of the Committee.
9. Dispute Resolution & Membership Suspensions/Expulsions
Any financial member of the Club may be suspended or expelled at the discretion of the Management Committee should the conditions in the following subsections be satisfied;
(a) In accordance with the Club’s Guiding Values in section (3); the Management Committee reserves the right to suspend or expel – by unanimous resolution of active Founding and/or Life Members – any financial member of the Club for –
i. False or inaccurate statements made in the member’s application for membership with the Club,
ii. Serious and grievous breach of any rule or regulation of the Club during the period of time which the member has been categorised as a member of the Club in accordance with sections (7) and (8), as determined by the Management Committee,
iii. Any act or omission significantly detrimental to the Club,
iv. The determination of what act or omission is “significantly detrimental” or constitutes a “serious and grievous” breach, for the purposes of subsection (8, a, ii), is vested in the discretion of the Management Committee, in accordance with the principles of natural justice, precedent, and Guiding Values.
(b) Suspensions under subsection (a) shall occur should the Management Committee deem that permitting the member(s) to continue to enjoy the privileges of membership poses a serious, grievous, and/or significantly detrimental impact to the Club;
(c) No suspension shall be valid unless the member who is expelled is notified in writing of the Management Committee’s resolution by the Secretary or other appropriate Club officer, executive or correspondent not less than two (2) working days subsequent thereto;
(d) Suspended members may discuss their suspension with the Management Committee by way of a Management Committee meeting – or a sub-committee formed for this purpose – with the aim of having their suspension passed or overturned, followed by the reasons for the decision clarified. Upon having their suspension passed, members may utilise this subsection up to three (3) times, with the process for expulsion to be set in motion after their third suspension;
(e) Expulsions under subsection (a) and (b to d) shall occur only after due inquiry has been undertaken; with The University of Auckland’s policies, rules, and regulations being mirrored by the Management Committee – and if deemed necessary – with guidance from a Life and/or a Foundational Life Member in accordance with section (4).
(f) No expulsion shall be valid unless the member who is expelled is notified in writing of the Management Committee’s unanimous resolution by the Secretary or other appropriate Club officer, executive or correspondent not less than two (2) working days subsequent thereto;
(g) Any member who is expelled, shall have the right to appeal against their expulsion by presenting their case to a Management Committee meeting called for such purpose, and the decision of the Management Committee meeting shall be final;
(h) A Management Committee Meeting for the purpose of subsection (g) shall in no case take place more than three months subsequent to notice being given to the appellant pursuant to subsection (f);
(i) Appeals against expulsion must be notified in writing to the Secretary of the Club not less than seven (7) working days after the date on which the member is notified in writing of the said resolution in accordance with subsection (g).
10. Management Committee
(a) Management of the Club shall be vested in – in good faith – the Management Committee; who are entrusted to uphold the Club’s Objects and Guiding Values. These persons shall consist of;
i. Life Member and/or Foundational Life Member,
ii. President or Co-President (gifted or voluntary),
iii. Secretary or Co-Secretary (gifted or voluntary),
iv. Treasurer or Co-Treasurer (gifted or voluntary),
(b) No person – aside from a Life Member or Foundational Life Member exercising their obligations under section (4) Attainment of Objects: Extraordinary Circumstances – shall hold more than one position on the Management Committee at any one time.
(c) Management Committee members (gifted or voluntary) may volunteer to uptake one more term – for a maximum of two terms – in their respective role; should they feel – in accordance with section (2) subsection (d), and section (3) subsection (b) – that this is necessary for the Club to attain its Objects.
(d) Persons in their voluntary second terms must ensure that they are co-creating with; and guiding their peers in their respective roles, with the same acts of good faith being extended to them by said peers.
(e) A person who has utilised the foregoing subsections (c) and (d) – aside from a Life Member or Foundational Life Member – shall cease to be a member of the Management Committee at the conclusion of the subsequent Annual General Meeting which follows their reception. They will be eligible to partake in the Committee onboarding process as delineated in section (12), Executive Screening, Determination, Reception, Role Descriptions, and Duties.
(f) A quorum of the Management Committee shall be half of its members in whole plus one. In the absence of at least five (5) Committee Members in attendance and/or a tied vote is probable (i.e. 6, 8, etc. attendees); a Life Member or a Foundational Life Member shall be entitled to a deliberate and casting vote.
(g) Provided that no instances of disruption – including but not limited to technical difficulties; emergencies as defined under the Civil Defence Emergency Management Act, S4; and other unforeseen circumstances such as force majeure/Acts of God – impact the attendance of a President or Co-President, then a chairman nominated by the meeting shall chair that meeting.
(h) Should it be found that the non-exhaustive list of disruptions above has not been considered prior to a chairman being nominated, then the Management Committee meeting shall not be valid.
(i) A member of the Management Committee, with the exception of Life and Foundational Life Members, shall cease to be a Management Committee member in the event of their absence from three or more meetings without leave/apology.
(j) In the absence of a quorum by virtue of disruptions resultant from but not limited to those described throughout this Constitution; section (4) becomes active.
11. Powers of the Management Committee
(a) The Management Committee shall carry out the day-to-day running of the Association and – in accordance with sections (2), (3) & (4) – shall have the power to –
i. Adjudicate on all matters brought before it which in any way affect the Club;
ii. Cause minutes to be made of all proceedings at meetings of the Committee and General Meetings of members;
iii. Administer the finances, appoint bankers, and direct the opening of banking accounts for specific purposes, and to transfer funds from one account to another, and to close any such account;
iv. Fix the manner in which such banking accounts shall be operated, providing the Management Committee passes all payments;
v. Fix fees and subscriptions payable by members and decide such levies, fines, and charges as is deemed necessary and advisable, and to enforce payment thereof;
vi. Make/amend/rescind rulings (and Bylaws, after the appropriate special/legal status has been obtained by the Club, should it be deemed desirous to obtain any aforementioned special/legal status);
vii. Have the power to form and appoint any sub-committee/s as required for specific purposes, with particular attention paid to the Guiding Value subsections in section (3), including but not limited to the F.I.A.s Purpose Driven movement and/or M.S.N.Z.’s commissions;
viii. May at their discretion employ a person or persons to carry out certain duties required by the Club, at salaries or remunerations for such period of time, as may be deemed necessary or desirable;
ix. Should a vacancy occur on the Management Committee during an appropriate season, calendar year, and/or epoch cycle (4 years), the Management Committee shall tender for a successor until the next Annual General Meeting;
x. Select officer(s) and/or agent(s) of the Management Committee to have custody of the Club’s records, documents, and securities.
12. Officers: Screening, Determination, Reception, Role Descriptions and Duties
(a) Executive Screening: Soundness of Character
i. Members desirous of holding any office must lodge their interest in writing to the Club, or via expressing their interest to a member of the Executive/Management Committee (who shall then direct them to the appropriate expression of interest channel);
ii. These members – upon Management Committee approval – are subsequently eligible to be an official part of the General Executive pool.
iii. General Executives must endeavour to support the Management Committee in their obligations to fulfil the Club’s Objects and Guiding Values;
iv. General Executives are deemed to have displayed Soundness of Character after having completed the two recommended Leadership Training Modules provided by UoA Student Groups (Creating Cultures of Consent and Respect & Addressing Bullying, Harassment, and Discrimination) and/or – at the discretion of the Management Committee – having partaken in three (3) events of the Club in the role of General Executive.
(b) Management Committee: Sports-based Selection
i. Members desirous of being a part of the Management Committee must lodge their interest in writing to the Club via the appropriate expression of interest channel;
ii. Expressions of interest for a Management Committee role shall be by way of the UoA Motorsport Club Grand Prix application form;
(c) UoA Motorsport Club Grand Prix
i. The UoA Motorsport Club Grand Prix (MSC-GP; formerly Spirit of the Times Grand Prix) – in accordance with STATE of MOTION volume 01 – will determine which members desirous of holding Management Committee roles – outside of Founding and Life Membership – are gifted their desired roles;
ii. The MSC-GP shall typically be held during the Club’s Annual General Meeting;
iii. The MSC-GP will see a team-based ‘race-off’ competition between all members who have completed the appropriate application form for the corresponding role they are desirous of holding;
iv. Entrants must exercise the Club’s Guiding Values – with particular attention paid to Sportsmanship – during this event;
v. Should instances of unsportsmanlike conduct be made apparent to the organisers or the Management Committee, the conduct shall be investigated in detail and the Management Committee shall exercise its powers to remedy the instance. The decision of the Management Committee – with respect to sections (2), (3), and (4) – shall be final;
vi. The team-based race-off format will be by way of an in-person, time and/or finishing position-based, competitive, motorsport-themed event; with the person(s) with the best/fastest and second best/second fastest time and/or race-off metric deemed as winners and runners-ups respectively;
vii. Should an individual format for this event – with members either seeking to enter with their peers or seeking to be connected with a like-minded group of potential executives – be deemed desirous in the pursuit of the Club’s Objects and Guiding Values, the Club reserves the right to develop the event in accordance with said sporting format;
viii. During instances of disruption – including but not limited to technical difficulties; emergencies as defined under the Civil Defence Emergency Management Act, S4; and other unforeseen circumstances such as force majeure/Acts of God – the Management Committee reserves the right to rerun, postpone and/or activate the other powers conferred to the Management Committee by the Club’s Constitution;
ix. The winners and runners-up for each corresponding role are to be gifted the privilege of their respective roles by current and/or outgoing Management Committee members, with respect to section (10);
x. In the absence of two candidates competing for any role in the Management Committee, an active Life and/or active Foundational Life Member will be tasked with determining the competence and suitability of the sole candidate for the role;
xii. In the absence of candidates making applications for Management Committee roles and/or an active Founding and/or active Life Member deems the sole candidate incompetent and unsuitable for the role; the active Founding and/or active Life Member(s) are empowered to promote a suitable person into the Executive role(s) in question for the upcoming calendar year.
xiii. Pursuant to section (4); Attainment of Objects: Extraordinary Circumstances; the foregoing subsections are transfixed to sections (2) and (3) which are the Club’s Objects and Guiding Values respectively, along with further collegiate justification as described in S3.4.3 of STATE of MOTION vol. 01.
(d) President Role Description
i. The President manages and oversees the affairs of the Club – in good faith – on behalf of the membership;
ii. The President is responsible for the broad-outlook planning and organisation of the Club;
iii. The President establishes long-term and short-term goals in cooperation with the other officers, who cooperates with the General Executives; and all inclusively cooperates with any appointed sub-committees and parties which the Club deems desirous to engage with;
iv. The President presides at meetings and directs the team in meeting the members’ needs in accordance with the Clubs Objects and Guiding Values;
v. During a calendar year in which a Co-President is present via being a runner-up in the MSC-GP; the MSC-GP winner carries the majority of Presidential obligations, with the Co-President being expected to support the President in fulfilling these obligations;
vi. In the absence of the President, the Co-President shall preside over the President’s responsibilities;
vii. The voluntary Co-President – on their voluntary second term – shall have the same rights, privileges, and obligations as the runner-up Co-President; and in the absence of both, shall preside over the aforementioned responsibilities.
(e) Treasurer Role Description
i. The Treasurer – in good faith – manages the Club’s financial health on behalf of the membership;
ii. The primary responsibilities of the Treasurer include but are not limited to –
i. Handling finances
ii. Collecting membership fees
iii. Maintaining an asset register
iv. Collecting receipts and invoices
v. Paying bills
vi. Preparing an annual financial report for AGM presentation
vii. Reconciling University grant expenditure
viii. Articulated financial affairs under section (15)
iii. During a calendar year in which a Co-Treasurer is present via being a runner-up in the MSC-GP; the MSC-GP winner carries the majority of the Treasurer’s obligations, with the Co-Treasurer being expected to support the Treasurer in fulfilling these obligations;
iv. In the absence of the Treasurer, the Co-Treasurer shall preside over the Treasurer’s responsibilities;
v. The voluntary Co-Treasurer – on their voluntary second term – shall have the same rights, privileges, and obligations as the runner-up Co-Treasurer; and in the absence of both, shall preside over the aforementioned responsibilities.
(f) Secretary Role Description
i. The Secretary – in good faith – co-manages the overall record-keeping of the Club with the President/Co-Presidents and Treasurer/Co-Treasurer;
ii. The Secretary will support the Presidents and Co-Presidents in the public and confidential correspondence of the Club;
iii. The Secretary will ensure that the Constitution is kept up to date, and remains vigilant of changes in the regulatory and governance environments the Club operates under (which may have a notable impact on the fulfilment of the Club’s Objects and Guiding Values);
iv. The Secretary records minutes of meetings and distributes the minutes to the Management Committee and/or membership;
v. During a calendar year in which a Co-Secretary is present via being a runner-up in the MSC-GP; the MSC-GP winner carries the majority of Secretarial obligations, with the Co-Secretary being expected to support the Secretary in fulfilling these obligations;
vi. In the absence of the Secretary, the Co-Secretary shall preside over the Secretary’s responsibilities;
vii. The voluntary Co-Secretary – on their voluntary second term – shall have the same rights, privileges, and obligations as the runner-up Co-Secretary; and in the absence of both, shall preside over the aforementioned responsibilities.
(g) Sub-Committee Leads and Delegates
i. Sub-Committee Leads – in good faith – are mandated to explore and advise of the corresponding section (3) Guiding Value initiatives which the Management Committee deems desirous to fulfil the Club's Objects;
ii. Sub-Committee Delegates – in good faith – shall support and co-create with their Sub-Committee Leads in their chosen Guiding Value initiatives;
iii. Sub-Committee Leads and Delegates – on top of their mandates – carry the same rights, responsibilities, and duties as General Executives.
(h) Legal Obligations
i. All roles with the Club – until such a time that the Club obtains a legal status it deems desirous in the pursuit of its Objects – are only legally binding within the context of New Zealand Legislation, Common Law, and Statute.
13. Meetings
(a) Annual General Meeting
i. The Annual General Meeting (A.G.M.) of the Club should typically be held during the University of Auckland’s inter-semester break; with the Management Committee endeavouring to fulfil this obligation in each academic/calendar year;
ii. A.G.M.’s should typically be held in person with respect to section (12) subsection (c, iii);
iii. The Secretary – or other appropriate Management Committee member – shall give no less than fourteen (14) days notice of the date and agenda of the A.G.M. to financial members;
iv. All financial members may attend the A.G.M.;
v. No Annual General Meeting shall be valid unless the following subsection’s procedures have been activated in cumulative part or in full –
a. The President, Treasurer, Secretary (and/or delegated official for one or all three core executive roles) are present,
i. For the purposes of this subsection, in the instance that irreconcilable differences between the core executive positions and delegates have transpired during the calendar year, a selected Management Committee Member or Life/Foundational Life Member – in accordance with section (4) – are entitled to be deliberate delegated officials for the three (3) core executives.
b. A plenum – minus apologies in advance – should typically be sought during any A.G.M. in order to be as inclusive of the financial membership’s collective views as possible,
c. In the absence of a plenum, an 80% majority must be sought during any A.G.M. in order to be as inclusive of the financial membership’s collective views as possible,
d. In the absence of an 80% majority, the quorum – with respect to section (13) subsection ((a),v.,a.,(i.)) – at the A.G.M. shall be a minimum of 20% of financial members,
e. If, at the end of 20 minutes after the time appointed in the notice for the opening of the Meeting, there is no quorum; The financial members present – with respect to section (13) subsection ((a),v.,a.,(i.)) – shall:
i. Be deemed competent to discharge the business of the meeting,
ii. Initiate the meeting agenda,
iii. Record the minutes of the meeting,
iv. Make the results available to the rest of financial membership online via official Club channels for the purposes of resolution.
v. If there are no substantive objections to the recorded outcome of the meeting after twenty (20) working days from the date of the meeting; the meeting shall be considered valid.
vi. The agenda for an Annual General Meeting shall be;
a. Opening of Meeting
b. Apologies
c. Confirmation of Minutes of previous A.G.M.
d. Presentation of Annual Report
e. Adoption of Annual Report
f. Presentation of Treasurer’s Statement
g. UoA Motorsport Club Grand Prix
h. Vote of thanks to outgoing Executive
i. Determination of Annual Membership Fee
j. Notice/s of Motion
k. Urgent general business
l. Closure
(b) General Meetings
i. Upon assessment of the merits in holding any General Meeting, a General Meeting may be called by –
a. The Management Committee,
b. At the request of the President and Secretary,
c. Written requests – with proof of identification – of twenty (20) financial members of the Club.
ii. The merits for which the meeting is called for lay at the discretion of the Management Committee, with respect to upholding the Club’s Objects and Guiding Values from sections (2) and (3) respectively;
iii. Upon approval of the General Meeting being deemed to have merit; the Secretary shall give at least seven (7) days notice, in writing, of the date of the General Meeting to the members.
iv. Notice of General Meetings shall set out clearly the business for which the meeting has been called. No other business shall be dealt with at that General Meeting.
v. The quorum at the General Meeting shall be a quorum of the Management Committee plus twenty (20) financial members.
vi. The quorum requirement for special and/or bespoke General Meetings shall follow the process for achieving an A.G.M. quorum as outlined in section (13) subsections ((a), v, a.).
(c) Management Committee Meetings
i. The Management Committee shall endeavour to meet at least once every two weeks.
14. Voting
(a) Voting powers at the Annual General Meetings –
i. Pursuant to section (13) subsection (a), each individual financial member present shall have one (1) vote.
ii. In the event of a tied vote; an active Founding Member shall exercise a casting vote.
iii. In the event of a tied vote where an active Founding Member is absent; an active Life Member shall exercise a casting vote.
(b) Voting powers at Management Committee Meetings;
i. Pursuant to section (10), each individual Committee Member present shall have one (1) vote.
ii. In the event of a tied vote; an active Founding Member shall exercise a casting vote.
iii. In the event of a tied vote where an active Founding Member is absent; an active Life Member shall exercise a casting vote.
15. Finance
(a) All funds of the Club shall be deposited into the Club’s accounts at such bank and/or recognised financial institution as the Management Committee may determine necessary or desirable.
(b) All accounts due by the Club shall be paid by an appropriate method – including but not limited to cheque, bank transfer and/or an appropriate electronic transaction – after having been passed for payment at the Management Committee Meeting and, when immediate payment is necessary, account/s shall be paid, and the action endorsed at the next Management Committee Meeting.
(c) An assignee shall not spend more than a set amount Petty Cash without the consent of the Management Committee and shall keep a record of such expenditure in a Petty Cash Book (analogue or digital).
(d) A statement showing the financial position of the Club shall be tabled at each Management Committee Meeting by the Treasurer.
(e) A statement of Income and Expenditure, Assets and Liabilities shall be submitted to the Annual General Meeting. The auditor’s report shall be attached to such financial report should this be deemed necessary by the Club.
(f) The financial year of the Club shall commence on 31st of March each year. The accounts, books and all financial records of the Club shall be audited each year.
g) The signatories to the Club’s account/s will be the Treasurer and can be any one (1) from the following –
• President
• Secretary
• Founding/Life Member
(h) All property and income of the Club will apply solely to the promotion of the Objects of the Club and no part of that property or income shall be paid or otherwise distributed, directly, or indirectly, to members, except in good faith in the promotion of these Objects.
16. Common Seal
(a) The Common Seal of the Club – stylised “M” with racing lines meeting halfway inside a roundel – shall be kept in the care of the Secretary or an appropriate custodian from the Management Committee.
(b) Conditional to section (20) – i .e. after it’s repeal – the Common Seal shall not be used or affixed to any deed or document except pursuant to a resolution of the Management Committee and in the presence of at least the President and two members of the Committee, both of whom shall subscribe their names as witnesses.
17. Alterations to the Constitution, Bylaws & Special Resolutions
(a) Conditional to section (20) and pursuant to sections (2), (3), (4), (13,b,vi); no alteration, repeal or addition shall be made to the Constitution except at the Annual General Meeting, or General Meeting, called for that purpose and notice of all motions to alter, repeal or add to the Constitution shall be given to members at minimum fourteen (14) days prior to the Annual General Meeting, or seven (7) days prior to a special General Meeting called for such purpose;
(b) Conditional to section (20), the Secretary – or other appropriate Management Committee member – shall forward such notices of motion to each Management Committee member at least fourteen (14) days prior to the Annual General Meeting or seven (7) days prior to a General Meeting;
(c) Bylaws – after the appropriate special/legal status has been obtained by the Club – can only be altered during Management Committee Meetings; provided that notice of the proposed alteration/s has been duly notified to Committee Members;
(d) Pursuant to sections (2), (3), (4) and (17,a); such motions, or any part thereof, shall be of no effect unless –
i. The motions satisfy sections (2), (3), (4) and (17,a);
ii. Are passed by seventy five percent (75%) majority (Special Resolution) of those entitled to a vote at an Annual General Meeting or General Meeting, as the case may be; OR
iii. Are passed by of 75% of financial members (with identity verification); consistent with but not legally subject to Subpart 5.4, S89-92 of the Incorporated Societies Act 2022: Resolutions in lieu of meeting.
(e) Conditional to section (20), the Secretary – or other appropriate Management Committee member – shall notify the relevant University authority of the amendment, if appropriate.
18. Dissolution
(a) Pursuant to section (4) of this Constitution – Attainment of Constitutional Terms: Extraordinary Circumstances – dissolution of the Club will be at the discretion of the Management Committee by unanimous vote;
(b) If, on the winding up of the Club, any property of the Club remains after satisfaction of the debts and liabilities of the Club and the costs, charges and expenses of that winding up, that property shall be distributed to –
i. Another incorporated association having objects similar to those of the Club; or
ii. For charitable or benevolent purposes, which incorporated Club – or purposes as the case requires – shall be determined by plenary resolution of the members.
19. Empowerment of Foundation President
(a) Expired in accordance with STATE of MOTION volume 1 (SMv1);
(b) To be repealed pursuant to section (20).
20. Accorded Empowerment of Foundational Life Members
(a) Given what has transpired during the Club’s First Epoch thus far (22 July, 2019 – Present) as described in the report above, and in accordance with:
• Section 4 of the Constitution (4. Attainment of Objects);
• STATE of MOTION (vol. 01);
• UoA Motorsport – Annual General Meeting Minutes (2021)
A sub-committee consisting of Foundational Life Members as described in section (7, c, iv) shall be empowered to –
i. Retroactively adopt, ratify and promulgate the recommended constitutional amendments articulated in this Constitution, with respect to S3.3.0 to S3.3.1 of STATE of MOTION volume 1 (SMv1) AND in accordance with the original iteration of Section 4: ‘Attainment of Objects’, whereby the Club is “empowered to do all things which are incidental to the attainment (of its corrected Objects and Guiding Values);
ii. The purpose of section (20), subsection (a) inclusive is to ensure that the multiple existing iterations and interpretations of the Club’s Constitution are upheld in a manner of good faith, consistent with the multivariate policies, rules, and regulations of The University of Auckland;
iii. Section (20) subsection (a, iii) is included to provide further context for this aforementioned sections’ purpose; whereby –
• It is fundamental to the prior iteration of Section 4. Attainment of Objects that those empowered to fulfil the Club’s Constitutional Obligations are to action reregistration as a recognised group in campus for the 2023/2024 season – with respect to the Constitutional corrections and synthesis above;
• Thus – in accordance with a globally-optimal precedent – the Club actions the former iteration of Section 4: ‘Attainment of Objects’ one final time in the creation of section (20) to actively correct for the ‘community co-created learning errors’ during the Club’s first epoch.
• Nothing in the foregoing subsections prevents Foundational Life Members from exercising the former iteration of Section 4: ‘Attainment of Objects’ to make amendments for the purposes of correcting errors prior to section (20) subsection (b).
(b) Section (20) of the Constitution – along with all sections which are conditional on section (20) eventually being amended for – expires and is repealed upon either;
i) The sports-based selection of officers at an in-person segment of A.G.M. Part II, and/or III, or
ii) The acknowledgment of The Club's cumulative 2023 A.G.M. as a process of Taonga Tuku Iho for the purpose of the protection, reinvigoration and revitalisation of the social, sporting and educational motoring communities in The University of Auckland.
PROMULGATED FOR THE UNIVERSITY OF AUCKLAND MOTORSPORT CLUB—AND THE AUCKLAND LEARNING QUARTER’S CONSIDERATION—FROM THIS, THE 25th OF JANUARY, 2024.
