CONSTITUTION 2020

Constitution and Rules of:
The New Zealand Pool Industry Association Incorporated.

1. NAME:

The name of this Association is "The New Zealand Pool Industry Association Incorporated" ("The Association").
also to be known as the "NZPIA Inc." and "The Guild".

2. PURPOSE OF ASSOCIATION:

The Purpose of the Association is to provide New Zealand residential swimming pool Industry individuals the opportunity of aligning themselves with an appropriate Trade Association.
To provide an Association (or Trade Guild) that is specific to its Member's aspirations, talents and abilities, Including but not limited to, pool Sales & Marketing, Designing, Planning, Interacting with Territorial Authorities, monitoring excavations, participating in the Construction and/or Installation of residential swimming pools, Site redevelopment, maintaining the quality and usage of residential Spa and Swimming pools, swimming pool accessory Retail Shops and on-site Maintenance of pools, Wholesale merchandising of pool related items and equipment, and handling Disputes between Industry Members and their Clients, and any other activity that identifies with the swimming pool industry.
To provide its Members a Resource of Documentation, Advice, Training, Education and Disputes Resolution, the ability to earn Industry Recognised Trade Qualifications such as the 2022 DIPLOMA COURSE - and by achievement of goals to become Swimming Pool Industry Trained Swimming Pool Professionals in their chosen industry.
To promote the Association's members wider commercial interests by way of providing and managing Promotional programs, Media exposure, Advertising programs, Internet information web pages for the benefit of both the Public and Members, provide on-line educational and training courses leading to Diploma awards and Pool Builder Certification, manage regular swimming pool Photographic Competitions and resultant publicity exhibitions of the entries, or any other concerted on-line activities to undertake and co-ordinate promotion of residential swimming pools.
To promote the existence of the Association and New Zealand swimming pool industry by on-line and Print media activities that in the opinion of the Association Executive will enhance the profile of the New Zealand swimming pool construction and supporting industries, and various other means which will be conducive to these objects, severally;

(a.) To provide a Forum for discussion and debate by and between Members relative to all aspects of the swimming pool construction industry and to facilitate co-operation and mutual respect among members;

(b.) To provide Dispute Assessment & Resolution mediation and clarification, assistance and guidance relating to the pool construction industry and to facilitate co-operation and mutual respect among members;

(c.) To provide Dispute Assessment & Resolution mediation and clarification, assistance and guidance relating to the construction of swimming pools between Members and their Customers.

(d.) To foster and promote the good reputation of Association Members and to that intent to set and monitor Ethical Standards and benchmarks for good practice in all areas of swimming pool construction and commercial dealings with the general public;

(e.) To enter into arrangements and agreements with Government or Governmental Organisations or any Territorial Authority providers of utility services relative to the construction, installation and maintenance of swimming pools;

(f.) To raise funds by way of levies on members in order to further any or all of the objects and to spend such part of the funds raised as the Executive Committee at a properly convened Executive Committee Meeting shall in their opinion think fit, being any activities undertaken which further the Association's objectives and Public obligations.

(g.) Generally to do all manner of things which in the opinion of the Association CEO and/or Executive Committee assist in the promotion and fulfilment of all or any of the above described objectives

3. ADMISSION TO MEMBERSHIP:

Membership is restricted to individuals who are, have been, or plan to become, involved in, or connected to in some way, the domestic swimming pool industry of New Zealand, who undertake to follow the Rules and refrain from any activity which may in any way bring dishonour or discredit to the Association or its Membership

Applicant's membership rights will be decided by the main activity undertaken: FPM – Full privilege membership for the main activity being the RP - Responsible Person - in residential swimming pool sales and construction, LVR – Limited Voting Right members for Industry Trade members, NVR – for Service personnel, Pool shop owners, Member's Staff, and others who may not be directly involved in the swimming pool industry and will not be qualified to vote on the Association's operational rules. NDR – Associate Members who may attend Meetings but not qualify for gratis dining rights.

Admission of members: All persons or business entities seeking to become members of the Association shall complete the appropriate application form and when approved, pay the appropriate fees.

Every application for membership must be proposed and seconded by a Full Privilege Member. Prospective members must nominate suitable referees and must provide proof of their financial stability.
The names of all applicants shall be posted by the secretary of the Association website for a period of not less than 30 days. Existing members may object in writing to any such application ( by e-mail) to the Association's Executive giving reasons for the objection. Such objections must be communicated in writing within seven days after the period of 30 days referred to. In the case of an objection the acceptance or otherwise of the candidacy in question shall be resolved by the Executive and presented to Members at the next general meeting.
Applications approved by the Executive for Association membership will be Advised to Members and Ratified at the next duly convened meeting of the Association after the expiry of the periods referred to in (b) above. The Association may take into account (in addition to the information furnished with the application) such additional information as it considers relevant to the application. In the event of the rejection of any application any application fee shall be returned to the applicant. No rejected applicant may re-apply for full membership within 12 months of the date of notification of his rejection.
In the manner and style of a Trade Association or Guild of individual tradesmen or tradeswomen, only individual persons may be Members of the Association - with the exception of 'Corporate' membership which is permitted for an Industry Trade Supplier who may nominate a single representative to attend Dinner Meetings and vote by Proxy.
Membership classes are either Builders or Associate Pool Builder Members (Full Privilidge Members with Dinner Rights) and other ASSOCIATED TRADES (Some with Dinner Rights - but no Voting rights). The NZPIA Inc core comprises predominately swimming pool builders, with all other members classed as ASSOCIATES. The control of the Association must remain in the hands of Pool Builders.
New applications for Membership shall be by means of the standard Membership Application form. Applicants shall first be vetted and approved as suitable Members by a majority of the Executive before being presented to the general Membership be notification on the Association's web site, and verbally at a following General Meeting.
All members accept that their membership requires the upholding of the highest ethical standards of business and the adherence to all rules and regulations set by the Association from time to time.
Any Sole Trader/Business owner or member/employee of a firm or director or employee of a company or any individual person being, or planning to become engaged, in the swimming pool industry anywhere in New Zealand may apply to become a member of the Association in any of the following Membership Classes

4. CLASS OF MEMBERSHIP:

There are two main classes of Membership: BUILDERS and ASSOCIATES. TRADE Members are classed as FPM ASSOCIATE Members. Membership categories may be added to or altered from time to time by the Association Executive.

BUILDER MEMBERS:

A MASTER POOL BUILDER: A Full Priviledge Member (aka FPM) who achieves the DIPLOMA in RESIDENTIAL SWIMMING POOL CONSTRUCTION TECHNOLOGY AND MAINTENANCE and meets the stringent requirements of the NZPIA Inc Builders Licensing Committee as a knowledgeable, fit and proper person in his field of expertise befitting this qualification, may request Certification as an NZSPA Inc CERTIFED BUILDER under the following terms and conditions:

(a.) By conducting an Executive meeting with the applicant to assess his knowledge in accordance with the Dept. of Business Innovation & Employment's "Licensed Building Practitioner" requirements and our proposed License Class: Residential Swimming Pool Construction personal interview & Oral Examination.

(b.) Providing all aspects of the applicant is satisfactory, a Certified Builder's License will be issued with the Member's ID number and date of expiry Ten Years from the issuing date i.e. #123/2029

(c.) At the expiry of the Specified Term, the applicant may re-apply for a further renewal term not unreasonably withheld.
GOLD CARD: All Members will be provided with the NZPIA GOLD CARD which combines an assurence of quality and knowledge in the construction & maintenance of residential swimming pools with the ability of obtaining Discount Trade Products from the NZSPA Discount Traders List published on the Association Web Page.
FPM BUILDER MEMBER: A Pool Builder or Installer with more than 5 yrs. as the Responsible Person or owner/operator of a swimming pool company or enterprise functioning in the business of building, planning or overseeing the planning and construction or installation of residential or commercial swimming pools.
ASSOCIATE MEMBERS: An Associate Member Builder has FPM and can apply for full BUILDER MEMBER category after 5 yrs. in the industry as the Responsible Person and meeting the Customer Referee requirement.

FPM ASSOCIATE POOL BUILDER: Pool Builder or Installer with less than 5 yrs. as the Responsible Person including owner/operator of a swimming pool company or enterprise functioning in the business of building, planning or overseeing the planning and installation of residential or commercial swimming pools.
FPM ASSOCIATE FIBREGLASS INSTALLER: More than 5 yrs. as the Responsible Person operating a business either installing, or supervising the installation of, in-ground COMPOSITE OR FIBREGLASS swimming pools.
FPM ASSOCIATE TRADE SUPPLIER: The Nominated Person, being either the Owner, Manager or the Responsible Person of a business that supplies swimming pool components and/or equipment to the trade or swimming pool industry customer base, who may either attend meetings or delegate a staff member to attend on behalf. Proxy Voting Rights are included in the membership category.
NDR NVR (No Dinner/Voting Rights) ASSOCIATE POOL SHOP: Owner or supervisor of a POOL SHOP supplying pool associated products. Can apply for Dinner Rights Membership.
NVR NDR ASSOCIATE POOL SERVICE PERSON. Any individual person providing services to the Trade and Public in the servicing, maintenance and repair/replacement of swimming pool components. Can apply for Dinner Rights Membership.
NVR NDR ASSOCIATE INDUSTRY STAFF Pool shop workers, staff, and/or other non-ownership people involved in, or intending to become involved in the swimming pool industry and wishing to take advantage of the Association's DIPLOMA training courses. Can apply for Dinner Rights Membership.
NVR NDR ASSOCIATE GENERAL. Any member of an industry or trade that is part of or associated with the domestic swimming pool or swimming pool industry in general or is not covered by the ASSOCIATE TRADE SUPPLIER category, such as Architects, Engineers, Landscape Gardeners etc. Can apply for Dinner Rights Membership.
FPM HONORARY LIFE Members comprise current or past members of the Association or other proposed individual, and as determined by the Patron and confirmed by the Executive Committee to have served the Association or the Swimming Pool Industry, in a manner worthy of such an honour. Honorary Life Members shall have full voting rights and shall be members ex officio of the Executive Committee of the Association. Honorary members shall not pay any Membership or Dinner fees.
Any Member that has achieved the Diploma of Pool Technology will benefit by a Discounted Fee for Membershp.

5. CESSATION OF MEMBERSHIP:

(a.) Members may cease to belong as members of the Association at any time by forwarding a written or email resignation to the Membership Executive.

(b.) Members may be suspended or expelled on the grounds of non- payment of levies or an otherwise reason in accordance with the Rules, on the recommendation of the Membership Executive

5. GOVERNANCE:

The Association shall act by and through the Patron and Executive Committee ("The Executive") comprised of the Chief Executive Officer (CEO) and a selected number of Executive Members as determined by the Chief Executive Officer, but not exceeding a total of six Executive Committee members plus the patron & CEO for a total of eight.

EXECUTIVE BALANCE: The Executive Committee must maintain a ratio of Two Builder Members to One non-Builder Member. One non-Builder Executive Member may be an individual who is not necessarily involved in the swimming pool industry.

6. EXECUTIVE COMMITTEE

The Presiding Officer: Formerly referred to as the Chairman, shall be referred to as "PATRON" and is a Senior Member of the Executive Committee. The physical presence of the Patron is not necessary to the daily operations of the Association, but will be provided with reports and knowledge of the affairs of the Association by the CEO and Members of the Executive for consideration and approval. The Patron shall hold a commanding vote or authority and sole financial welfare in the management of the Association. In the termination of this position, any two suitable Executive Officers shall be tasked with the execution of any Financlai affairs with mutual and required guardianship over all interaction with the Association's Bank and finances.
Chief Executive Officer: Executive Committee Officers are to be selected and/or recruited by invitation by the Chief Executive Officer and ratified by the Patron and existing Executive members by a 3/4 majority.
The Executive Committee shall normally comprise a total of seven individuals including the CEO: The core executive shall comprise no less than three, being the Chief Executive Officer, Disputes Officer, and Membership Officer with the addition of one or more Assistant Executive officers as required.
Basic role of the CEO and other Exectives: The Chief Executive Officer and two supporting Officers will produce and monitor a 12 month Budget for each forthcoming period commencing 1 July of each year. These three Executives will be responsible for the Source and Application of the Associations' finances. With the exception of the Patron, no other single Officer shall have access to the Association funds.
Two other Executive Members may be added as assistants for specific or ad lib roles as they arise, but the total of Executives must not exceed seven individuals.and must never exceed the 2:1 ratio of two Builder Members to each Non-Builder Member.
Non-Builder Members authorised by, and elected for specific purposes (i.e. Water Safety meetings) may be brought into Executive meetings - but are not eligible to vote on any Association matter involving Builders.
The CEO may delete, add, combine, or swap duties as required. Additional Executive Assistants may be recruited from the General Membership, making up the maximum of seven Executive Members in total.
In the case of a tied vote, the Patron will cast a deciding vote.
The Chief Executive Officer will be chosen annually by the sitting Executive Committee. This annual Committee vote will be incorporated into the Standing Rules of the Association and notified to Membership no less than 30 days before the forthcoming AGM. The CEO shall retain a Committee status role if not required to continue as CEO.
The prospective Executive Committee Members for the forthcoming year are to be selected or recruited by the sitting Chief Executive Officer prior to the AGM from either the existing Executive Committee members or General Membership.
Any FPM of the Association may request temporary inclusion as an Executive officer of the Association or member of the executive committee. Acceptance of this inclusion will be the sole province of the existing Executive and determined by a 3/4 majority vote of the committee.
There shall be no restriction on the number of terms an Executive Committee member may remain in office.
Any vacancy on the Executive Committee rising between annual general meetings shall be filled by the Committee notifying the Membership, and by chosing and appointment which shall be notified at its next general Meeting.
Any member of the Executive Committee may be removed from office by an approved resolution of the Association Executive having a 3/4 majority pursuant to any fulley attended Executive & Patron.
Any Executive Committee member absent from three consecutive notified meetings without special leave or sufficient reason shall be removed on one months' notice in writing of his/her cessation as a Member of the Executive committee.

7. FEES PAYABLE TO EXECUTIVE COMMITTEE MEMBERS:

The Administrative Executive Committee shall be paid on invoice by the atendee an attendance Fee of $120.00 plus Lunch per scheduled lunchtime meeting .
To the cover time and transport cost, appropriate accommodation reimbursement, and travel of per $0.50c per Kilometre for vehicle costs for out-of-town Committee Members attending in the pursuit of the aims of the Association will be paid on invoice from the attendee.
On invoice from the attendee, Executive Assistants shall be paid an attendance fee $50.00 per meetings attended in response to an attendance request.
Sub-Committee meetings (such as the Disputes Resolution facility or Membership Vetting) will be paid in accordance of the fee schedule noted on the Association's web page.
In accordance with Para. 1, Executive Members will be paid for time and travel costs at the agreed rates for attending General Meetings or an Annual General Meeting that is held in or around the region of Auckland comprising such area as is encompassed within a 50 kilometre radius of the CBD, with appropriate compensation for attending other areas of new Zealand.

8. QUORUMS:

Quorum of the Executive Committee and General Meetings

A quorum of the Executive Committee shall be the Patron plus any two other Current Executive Members, and at General Meetings shall comprise any one of the Executive Officers in attendance with at least four FPM Builder Members.
In the case of a duly convened Executive or General meeting not attracting a quorum, the attending members may continue with informal business and Association sponsored events (such as a dinner meeting) at the expense of the Association. Minutes are not required to be taken in that situation.

9. DUTIES OF THE EXECUTIVE OFFICERS:

It shall be the duty of the Patron to direct the Chief Executive Officer in the instruction and monitoring the Executive Committee to properly conduct the general affairs of the Association, to keep usual and proper books of account, properly posted up and maintain other records of the business of the Association and properly to notify members of intended meetings and the business to be dealt with and to prepare and submit to the annual general meeting a report, balance sheet and statement of accounts for the preceding year.

Notwithstanding anything in these rules the Executive Committee shall implement any direction by the Patron which is the subject of a resolution of a 2:1 majority of the Executive Members who are Builder Members.

10. POWERS OF THE EXECUTIVE

The Executive may:

Employ - on such terms as it thinks appropriate - a professional Secretary who shall ex officio be a member of the Executive Committee and prepare Fee invoices and Financial Statements as required.
Employ from time to time Advertising Agents, Promotional Consultants, and Legal Advisers
Resolve to retrospectively reimburse Executive Officers or recruited Members for all and any expenses incurred in the furtherance of the Association's objectives, including Travel, Accommodation and their Time.
Recommend any adoption of changes to Subscriptions and Fees to a properly convened General Meeting, which shall be approved for implementation by a 3/4 majority of FPM members and adoption for the following financial year.
Fix the date of the Annual General Meeting
Determine the financial year of the Association.
Make regulations from time to time to facilitate the functioning of the Association but subject always to the relevant clauses of these rules.
Except where otherwise provided in these rules enter into any contract for any purpose which in the opinion of the Committee promotes the objectives of the Association which shall be bound by such contract.
Revise and update the Rules & Regulations and the Constitution from time to time to facilitate the improved functioning of the Association.

11. ANNUAL GENERAL MEETINGS:

(a.) The annual general meeting will be held between the months of August and October, and the agenda for that meeting shall include the following:

Minutes of the previous AGM

Annual report of the Chief Executive Officer

Annual financial Report for the previous year (provided by the CEO or Executive).
Announcement of budgets, subscriptions, and fees for the forthcoming year and for the adoption or amendment of any budget proposed by the Executive

Annual Report by the Executive convenor of the Disputes Committee
Annual Report by the Executive Committee Membership Officer
General business: No ordinary business shall be discussed at the AGM.

Any Special Business may be allowed providing notices of motion for the AGM are communicated in writing to the Chief Executive Officer at least 21 days prior to the date of the meeting. The CEO shall then decide whether to include such notices of motion with the notice to all members convening the annual general meeting and the agenda for such meeting.
Before any such Special notice of motion is debated at the Annual General Meeting it shall be proposed and seconded by a non- Executive Officer full privilege member.

(b.) A quorum for the Annual General Meeting shall be 10 full privilege members including the Executive Officers.

(c.) If a quorum is not present within half an hour of the time appointed for the meeting the meeting shall not then be held and notice of a further annual general meeting must be given in accordance with these rules.

Any Social activities planned for the convened evening shall continue as and how the attending Members agree.

12. SPECIAL MEETINGS:

A SPECIAL GENERAL MEETING may be called by the CEO at any time on written by email request to the Executive and on the 3/4 agreement. Such a Special Meeting may proceed provided that ten (10) clear working days' notice of intention to hold such a meeting is given to all members by means of the Association website, email, or otherwise in writing.
The quorum for a special general meeting shall be the same as for the annual general meeting.

13: GENERAL MEETINGS:

The Committee shall call general meetings at least three times in each year
Thirty (30) clear days' notice of intention to hold any General Meeting including the Annual General Meeting shall be given by the Association secretary by means of the Association's website or otherwise in writing to members
If a quorum is not present within half an hour after the time appointed for such meeting, the meeting shall not be held. If a Social Event has been scheduled after the Meeting, it shall continue as planned despite the reduced number of attendants.
The Association and General Meeting may ratify, amend, or reject any decision of Executive provided that the liability of the Association to any third party pursuant to any contractual arrangements made by the Executive shall not be impeached.
No notice of Motion nor any other notice to the Association or the Executive shall be effective unless signed or otherwise showing printed at the foot thereof the name of the person or persons giving such notice. All notices of the Executive shall be signed by or have printed at the foot thereof the name of the Association's Chief Executive Officer or other person appointed in his stead by the Executive.

14. VOTING:

(a.) Since the Association's move to improve its management ability, deciding isues by vote at General Meetings was superceded in favour of having a Chief Executive Officer and selected Executive Committee members mentored by the Patron.

(b.) Any voting will be carried out within the Executive Body. On occasion when the Executive considers it important enough or essential to bring any issue to the attention of the entire Membership, a vote may still be called.

(c.) Only currently FPM Financial or Honorary Members are authorised to vote on any issues concerning the operations of the Association that impact on the Builder's interests.

(d.) Items of general operational status may be voted on by authorised Members. To be binding, any resulting vote must be 3/4 majority in favour by authorised voters at the Meeting.
The Chief Executive Officer is empowered to accept due or overdue Membership Fees at any General or Annual General Meeting and at any other time by email or mail following the issuing of the current year's invoicing. Fees paid at such meetings will immediately grant the Member normal voting rights under the Rules of this constitution.
All Full Privilege Members (FPM) shall be entitled to vote on all matters concerning the Association. Pool Builder Members deciding issues by vote at any meeting may rightly be decided by a 3/4 majority vote of the attending Builder FPM Membership. Limited Voting Rights (LVR) Members may join the FPM members in voting on 'General Matters' that concern the Association but are not Builder Member specific.
Proposed Votes brought up at General Meetings will be presided over by the Patron, or in his/her absence the most qualified executive member of the Exec Committee. In the case of equality of votes the Patron, CEO, Chairman or other authorised person presiding - in that order - shall have a casting vote as well as a deliberative vote. If a 3/4 majority of attending FPM Members is not achieved, the issue will revert to the Executive for reconsideration.
Occasional voting at Meetings shall be by show of hands raised and Proxy Votes held by the Executive Finance Officer, unless an on-line ballot is called for in which case subsequent voting shall be by email. In that event votes shall be counted by the Executive and the Association CEO whose joint declaration as to the result shall be final.
Proxy votes furnished by full privilege members (FPM) shall be counted and applied provided such are received in writing - including by e-mail - and confirmation of the identity of the member ensuring entitlement to exercise the proxy.
The votes of absentee full privilege members shall be counted provided such votes are communicated in writing (or e-mail or fax) by the member and to the Association secretary and received at least one day prior to the date of the meeting.
The Patron or Association CEO or in his/her absence the avalable Executive Member shall preside at all meetings. In the event of the absence of these two office holders and no other qualifying Executive Committee Member, the acting chairman shall be elected from the floor by the members present.

17. RULES AND REGULATIONS:

The Association Rules excepting the provision for the categories and classes of Membership may be amended by FPM and LVR Members at any General Meeting provided that any motion for alteration has been passed by a two-thirds majority of FPM and LVR members present.

Alterations to the categories and classes of Membership Rules may only be amended by FPM at any General Meeting provided that any motion for alteration has been passed by a two-thirds majority of FPM Builder Members present.
No addition to - or rescission or alteration of - the objects or the winding up clause of these rules shall be effective in the absence of the prior written approval of the Inland Revenue Department.

18. BY-LAWS

The Committee may from time to time make by-laws for the regulation of Members and the Industry provided always that such by-laws shall not operate so as to abrogate modify or vary any provision contained in these rules. In the case of any conflict or inconsistency between these rules and any by-laws these rules shall prevail.

19. DISPUTES, ETHICS, AND ASSOCIATED TOPICS:

In the interests of encouraging confidence in the Association on the part of the General Public and potential Association Member's customers in particular:

(a.) in the event of a Current Dispute brought by a Customer of a FPM Association Member against such Member, the Association accepts financial responsibility for investigating any misadventure or misconduct on the part of its Member, and acting on its findings, providing no costs are incurred in the resolution, in which case they will be prior advised and charged to the Member, or

(b.) In the event of a Current Dispute between a FPM Association Member and his Customer, equally the Association accepts financial responsibility for investigating any transgression the part of its Members customer and acting on its findings, providing no costs are incurred in the resolution, in which case they will be prior advised and charged to the Customer, or

(c.) In the event that a Dispute Assessment and Resolution is requested in an informal manner on a past-dated or Warranty matter, where such an Arbitration between the parties can be resolved by telephone or email, the Association accepts financial responsibility for investigating and resolving the issue, providing no costs are involved other than those mentioned above, or

(d.) In the event that a current or past Dispute Assessment is requested from the Association's Formal Dispute Assessment Procedures for the purpose of providing a Written Report that contains a thorough assessment and conclusion by the Association, including site visit(s) and travel and accommodation expenses, which shall from time to time be updated and displayed on the Association's Internet Web Page.

(d.) Investigation and determinations made where an Ethical issue against a Member is at stake, optionally costs may not be charged to the Member subject to the complaint, and in the interests of preserving the integrity of the Association, the investigation will be free of cost to the complainant.

(e.) To achieve this end the Ethics chairman may, at its discretion, create a Sub-Committee to be called the Ethics Sub Committee or the Disputes chairman a Disputes Sub-Committee both of which shall comprise selected Members who may or may not (as resolved by the Committee chairman) be members of the Executive Committee.

(f.) Sub-committees may be formed to investigate any subject or topic (i.e. not restricted to ethics or Disputes) but shall only investigate Ethics or Dispute complaints which are in writing and where the complainant is fully identified by name and address.

(g.) Before any such Formal Dispute or complaint is investigated, where a determination and written Report be furnished which may be used as Evidence in Court, the complainant will be required to pay or undertake the payment of a fee to cover the costs of at least one Member of the Disputes Sub-Committee (the Disputes Chair) for time and transport at an established rate currently $60.00 per hour. The rate per additional member per hour will be charged at $50.00 per hour which cost in total must include an amount of 20% of the total of this fee to be initially deducted from the Deposit by the Association to cover its administrative costs.

(h.) The Association shall not have nor claim to have any jurisdiction or legal right over its Members in respect of an Ethical Complaint or Dispute, and will provide that the Subcommittees will only make recommendations for resolution of the Complaint or Dispute as a neutral observer.

(i.) A refusal or failure of a Member to abide the Ethics or Disputes sub-committee's recommendations shall be deemed to be misconduct and a breach of the Ethics code, and may - at the discretion of the Executive Committee- lead to expulsion from the Association.

20. DISCIPLINARY PROVISIONS:

If a Member is alleged (by a member of the public who is a customer of such Member), to have breached the Association's Ethical Standards, the Membership Executive may at his/her discretion either contact the Member to question the incident(s), or convene a Special Meeting with the Member and two other Executive Members to investigate the validity of the allegation. Any complaint against a member shall be investigated by the Chief Executive Officer who, at his discretion, may convene a meeting with the member and two other Executive Members to fully investigate the complaint.
No action will be instituted against the Member until a thorough investigation and determination by the Executive as a whole is completed and shall depend on a unanimous vote by the Executive in the form of a written Report stating the findings and explanatory reasons for such findings.
If the Chief Executive Officer determines that the complaint against the member is well founded the Chief Executive Offficer on behalf of the Executive Committee advise the Patron who at their discretion may terminate the Member's membership rights and remove their name from the membership list on the Association's website. No further action will be taken by the Executive Committee, and no information regarding the termination will be made available to the General Public or to the general Membership.
Alternatively, in the event that the Executive Committee finds the allegations proven, it may impose such penalty or penalties as it sees fit including Written Censure, Suspension for a set period of time, Payment of costs, or Expulsion from the Association - or any combination of these, provided always that a Resolution of the Committee for Expulsion will only be effective if sanctioned by a 3/4 majority of the entire Executive Committee.

21. FEES AND SUBSCRIPTIONS:

Annual Membership Fee levels may be determined by the Committee from time to time for each Class of Membership with a minimum of thirty (30) days prior notice to the Members, who have the option of accepting the Fee or retiring from membership.
Full Privilege Membership includes attendance at social events held following a General or Annual General Meeting at no cost.
Travel & Accommodation Reimbursement of costs for Members who live more than 100 Kms from the venue to attend General or Annual Meetings will be granted on application to the Executive Finance Officer and if approved, production of relevant travel receipts to the maximum accumulated value of $250 per financial year .
In special cases, such as gala events which are provided gratis to FPM Members, this Travel Allowance may be rescinded with a minimum of 30 days prior notice of the event.
Other Membership Classes may attend such events on paying a set fee to be determined by the Executive Treasurer at the time and date of the event
The "Current Year" will be from 1st July in one year to 30th June in the following year or as otherwise decided by the Committee from time to time. Fees for the "current year" shall be due for payment no later than six months after the commencement of the year.
Payment of membership fees shall be in accordance with requirements set out by the Executive Committee from time to time.
If a member's annual fee is not received in accordance with the manner prescribed by the Finance Executive within the expiry of six months following 1st July in the Current Year i.e. 31st December, the Committee shall give written notice to the defaulting member and noted on the Association's web page Membership section advising that if his annual fee is DUE. If payment not made within a further 30 days i.e 1st March in the Current Year then his membership is automatically terminated.
Any member whose membership has lapsed for non-payment of fees, or been subject to a Suspension Order shall be required to submit a fresh application in terms of clause 3(iii) to reinstate their membership.
The Executive Committee shall have the power to require (over and above annual membership fees) payment of an entrance fee by new members which may (in the discretion of the committee) be different for each of the various classes of membership

22. AVAILABLE FUNDS:

(a) All funds belonging to the Association shall be lodged by the Patron or an Executive Officer to the credit of an account or accounts in the Association's name at such bank or banks as the Patron and CEO shall decide from time to time.

(b) Funds may be withdrawn from such account or accounts under the digital signature of the Patron or Chief Executive Officer and any one of the two appointed Executive Members where the attendance of the Patron is not possible. A signature may be in writing or may be a digital password required for electronic transactions known to the Chief Executive Officer and one Executive Finance Officer.

23. SURPLUS FUNDS:

(a. ) Surplus funds of the Association are defined as funds in excess of those required to carry out the annual administration, operations, and objects of the Association.

(b.)Surplus funds may be invested by the Committee in accordance with the Trustee Act 1956 and its amendments. Deeds and other documents in connection with such investments shall be in the name of the Association as a Legal Entity.

(c.) Funds deemed to be surplus and of no foreseeable use to the Association may be distributed pro rata ( Based on attendance data) to the current Full Privilege Membership at the unanimous discretion of the Executive Committee.

(d.) The CEO and/or Executive Committee may, at its unanimous discretion, expend the Association's funds in the furtherance of the objectives of the Association.

24. BORROWINGS:

The Executive Committee shall not have the power to make any borrowings without the approval and consent of the Patron, or a 3/4 majority of FPM Members at a property convened Special General Meeting.

24. EXECUTIVE INDEMNITY:

The Patron, Chief Executive Officer and all other Executive Committee Members and staff of the Association shall be indemnified by the Association (as an entity) against personal liability for any and all losses and expenses incurred in and about the discharge of their duties - excepting such as arise from theft, fraud, collusion for personal gain or gross negligence.

25. WINDING UP THE ASSOCIATION:

The Association may be wound up by the Patron introducing a Resolution to such effect, which should be passed by a simple majority of Members present at a special General Meeting called for such purpose.
In the event of the liquidation of the Association any surplus assets after all liabilities have been paid shall be paid Pro Rata on 'Years of Membership' to the current Full Privilege Members. No surplus assets may be applied to or for the personal benefit of any other member

26. COMMON SEAL:

The Executive Committee shall provide a common seal Graphic for the Association to be used where appropriate. It may from time to time need to be replace it with an updated one.

The Chief Executive Officer shall have custody of the common seal graphic original, which shall only be used by the authority of the Executive Committee.

Every document to which the common seal is affixed shall be signed by the Chief Executive Officer and countersigned by the Finance Executive or another Member of the Executive Committee.

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