The New Zealand Master Pool Builders Inc.
Constitution & Rules

Updated January 2017

The name of this incorporated Guild is The New Zealand Master Pool Builders Incorporated ("The Guild")

 

 

 

 

 

 

 

  

 
As indicated in MEMBERSHIP TYPES, not all Membership categories have Voting Rights as indicated by 'NVR' for No Voting Rights or FPM for Full Privilege Member. FPM are invited to attend Social events at no extra cost. NVR will be allowed to pay for their meals if they attend Social Events following the General or Annual General Meeting.
All appointed Executive Committee Members have full voting rights and are deemed 'FPM' regardless of their Membership Type and may or may not be Financial Members of the Guild. i.e. HONORARY MEMBERS 

 
MEMBERSHIP CLASSES: There are two main classes of Membership: BUILDER and ASSOCIATE  

BUILDER MEMBERS:

CARD
"The Guild shall appoint a Select Committee of three Builder members from the General Committee to oversee the final stage of issuing a Certified Builder's License.

Practitioner" and our proposed License Class: Residential Swimming Pool Construction Personal Interview & Oral Examination."

  

FPM: Voting Rights are included in the membership category         

(b) 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. FPM Voting Rights are included in the membership category

ASSOCIATE MEMBERS:

 

Person operating a business either installing, or supervising the installation of, in-ground COMPOSITE OR FIBREGLASS swimming pools. FPM Voting Rights are included in the membership category

 

       

 

 

 

Membership categories may be added to or altered from time to time by the Guild.
All financial MEMBERS with Voting Rights are together described as "full privilege members".

 

 

 

 
(i)         Members may cease to become members of the Guild at any time by forwarding a written resignation to the secretary of the Guild.  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 Executive, and Ratified by a two-thirds majority of members present at an annual general meeting or special general meeting called for that purpose.


The Guild shall act by and through a committee comprised of executive members ("The                                                 Executive").  The Executive shall comprise officers of the Guild who shall be: the Chief
Executive Officer, the Treasurer, The Disputes Chairman, and Membership/Ethics Executive and up to four other EXECUTIVE ASSISTANTS recruited from Qualifying Members. 

 

 

   

 

 

 

 

 

 

              

              

 

             

 
6          QUORUMS

Quorum of the (a) Executive Committee and (b) General Meetings

 

 

 
It shall be the duty of the Chief Executive Officer to instruct the committee to conduct the general affairs of the Guild, to keep usual and proper books of account, properly posted up and maintain other records of the business of the Guild 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 which is the subject of a resolution of a majority of the Executive members.

 

 

 

 

 

 

 

 

 

 

 
9          ANNUAL GENERAL MEETING

 

 

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

10        SPECIAL MEETINGS

 

 
11        GENERAL MEETINGS

 

 

 

 

 
12        VOTING

 

 

 

 

 
13        RULES AND REGULATIONS

 

 

 
The committee may make by-laws from time to time 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.

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

(a)        in the event of a Current Dispute brought by a Customer of a Guild Member against such Member, the Guild 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 Guild Member and his Customer, equally the Guild 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 

 

 

 

   

 
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 Guild.

16        DISCIPLINARY PROVISIONS 

 

Provided always that a resolution of the Sub-committee for Expulsion will only be effective if sanctioned by a majority of the Executive Committee.

17        FEES AND SUBSCRIPTIONS

Full Privilege Member class will pay the fee amount that includes gratuitous attendance at Social Events held following a scheduled General or Annual General Meeting and Travel
Reimbursement to the value of $250 on a 'one-off' single annual basis. Other Membership Classes may attend such events on paying a set fee to be determined at the time and date of the event. Annual membership fee amounts may be resolved by the committee from time to time for each Class of Membership.

 

 

 
18        THE GUILD'S RETAINED FUNDS

 

 

 

 

 
The Executive Committee, the Guild Treasurer and other Executive Committee Members and staff of the Guild shall be indemnified by the Guild against 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.

 
(i)         The Guild may be wound up by resolution to such effect 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 Guild any surplus assets after all liabilities have been paid shall be paid Pro Rata to the current Full Privilege Members.  No surplus assets may be applied to or for the personal benefit of any other member.


NOTES:
Amendments/Additions:
31 January 2017

The Constitution of the NZ Master Pool Builders Inc may be updated from time to time Please ensure you have the most recent version.