The New Zealand Master Pool Builders Incorporated

1 Name:
The name of this incorporated society is The New Zealand Master Pool Builders Incorporated (“the Society”)

(a) To promote the wider commercial interests of members of the Society by way of exhibitions or any other concerted activities and to undertake and co-ordinate promotion of swimming pools in such ways as in the opinion of the Society will enhance the profile of the swimming pool construction industry or which will otherwise be conducive to these objects or any of them;

(b) 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 among members;

(c) to foster and promote the good reputation of members of the Society and to that intent to set standards and benchmarks for good practice in all areas of swimming pool construction and commercial dealings;

(d) to enter into arrangements and agreements with Government or governmental organisations or any local authority providers of utility services relative to the construction, installation and maintenance of swimming pools;

(e) to raise money by way of levies on members in order to further any or all of the objects and to spend such part of the levies as a quorum of the Executive Committee at a properly convened Executive Committee Meeting shall in their opinion think fit on any activities undertaken to further the Society’s objectives and Public obligations.

(f) To advertise the industry by such means as the Society may from time to time resolved;

(g) Generally to do all things which may in the opinion of the Society assist in the promotion of all or any of the above described objects.

Only individual persons may be Members of the Society (i.e. 'Corporate' membership shall not be permitted).

As indicated in MEMBERSHIP TYPES, not all Membership categories have Voting Rights

All appointed Executive Committee Members have full voting rights and are deemed "full privilege Members" regardless of their Membership Type and may or may not be Financial Members of the Guild.
Any sole trader, business owner or member/employee of a firm or director or employee of a company engaged in the industry anywhere in New Zealand may become a member of the Society in any of the following classes:

          (a) BUILDER MEMBER: More than 5 yrs operating a company functioning in the business of building, planning or overseeing the planning and installation of residential or commercial swimming pools. Voting Rights are included in the membership category

          (b) LICENSED BUILDER MEMBER A Builder Member who has achieved the Pool Tech Diploma and passed the requirements of the Builders Licensing Committee as a fit and proper person befitting this qualification. Voting Rights are included in the membership category

         (c) ASSOCIATE BUILDER MEMBER A pool builder with less than 5 yrs owning a business, building, planning or supervising the installation of in-ground swimming pools. An Associate Builder can apply for full BUILDER MEMBER category after 5 yrs and meeting the testimonial requirements.Voting Rights are included in the membership category

F:   FIBREGLASS INSTALLER: More than 5 yrs operating a business installing or supervising the installation of in-ground COMPOSITE OR FIBREGLASS swimming pools. Voting Rights are included in the membership category

T:   TRADE MEMBER: The Owner or Manager of a business that suppliers pool components to the trade or the swimming pool industry customer base. Voting Rights are included in the membership category

A:   ASSOCIATE MEMBER:

(a) Associate POOL SHOP supplying pool associated products to the public. No Voting Rights are included in the membership category

(b) Associate POOL SERVICEMEN. No Voting Rights are included in the membership category.

(c) Associate EMPLOYEE and other non-ownership people wishing to take the NZMPB Inc training courses. No Voting Rights are included in the membership category

(d) HONORARY LIFE Members shall comprise members of the swimming pool industry as determined by the Executive Committee have served the Society or the swimming pool industry in a manner worthy of honour by their peers. Honorary Membership shall be ratified by a majority of qualified members at a properly constituted general meeting. Honorary Life Members shall have full voting rights and shall be members ex officio of the Executive of the Society. Such members shall not pay any membership fees. Voting Rights are included in the membership category

(g) Membership categories may be added to or altered from time to time by the Society.

All financial MEMBERS with Voting Rights are together described as “full privilege members”.

New Membership Category (Appended following a vote and ratification AGM 2011)

“The Society 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.

By conducting a meeting with the applicant to assess his knowledge in accordance with the Dept of Housing & Building’s License Class: Residential Swimming Pool Construction Personal Interview & Oral Examination.”
Providing all aspects of the interviewees are satisfactory, a Certified Builder’s License will be issued to the applicant with an expiry date of some years to be determined from the date of issuance

The License number shall display the Members ID number plus the date of issue i.e. #1234/2020
At the expiry of the SpecifiedTerm, the applicant may re-apply for a further renewal term not unreasonably withheld.

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

(a) Every application for membership must be proposed and seconded by full privilege members. Prospective members must nominate suitable referees and must provide proof of their financial stability.

(b) The names of all applicants shall be posted by the secretary of the Society website for a period of not less than 30 days. Existing members may object in writing to any such application (or by e-mail) to the Society’s secretary giving reasons for the objection. Such objections must be communicated in writing to the secretary 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 at the next general meeting.

(c) Applications approved by the Executive for Society membership will be Advised to Members and Ratified at the next duly convened meeting of the Society after the expiry of the periods referred to in sub-clause (i) (b) above. The Society 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.

(i) Members may cease to become members of the Society at any time by forwarding a written resignation to the secretary of the Society. Members may be suspended or expelled (on the grounds of non payment of levies or otherwise reason in accordance with the Rules) on the advioce 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 Society shall act by and through a committee comprised of executive members (“The Executive”). The Executive shall comprise officers of the Society who shall be: the Chief Executive Officer, the Treasurer, The Disputes Chairman, the Membership Executive and up to four other qualifying members.

(a) Executive Officers are to be selected and/or requested by the Chief Executive Officer and existing

(b) The Chief Executive Officer will be selected/ratified by majority vote of the General Membership and existing Executive Committee members attending the Annual General Meeting. This annual vote will be incorporated into the StandingRules of the association and notified to Membership no less than 30 days before the forthcoming AGM

~~(a) As decided by a majority vote at the 2013 AGM,~~ There shall be no Elections of committee members (including the posts of executive officers) such officers to be selected and/or requested by the Chief Executive Officer and existing Executive Committee members.

~~(b) Only full privilege members of the Society shall be eligible for election or appointment to the executive.~~

(c) Any full privilege member of the Society may request inclusion as an executive officer of the Society or member of the executive committee. There shall be no restriction on the number of terms an Executive Committee member may remain in office.

(d) Any vacancy on the Executive Committee arising between annual general meetings shall be filled by the committee by appointment and notified at its next meeting.

(g) Any member of the Executive Committee may be removed from office by resolution of the Society pursuant to any properly convened general meeting.

(i) Any Executive Committee member absent from three consecutive notified meetings without leave shall be lremoved (on one months notice in writing of his/her ceasation) as a member of the committee.

(i) A quorum of (a) the Executive Committee shall be three Current Executive Members and (b) General Meeting shall comprise any one of the Executive Officer Members in attendance and at least two Builder Members.

(ii) In the case of a duly convened Executive or General meeting not attracting a quorum, the attending members may continue with informal business and Society sponsored events (such as a dinner meeting) at the expense of the Society. Minutes are not required to be taken in that situation.

It shall be the duty of the committee generally to conduct the affairs of the Society, to keep usual and proper books of account properly posted up and maintain other records of the business of the Society 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.

(i) Employ (on such terms as it thinks fit) a professional Society secretary who shall ex officio be a member of the committee

(iv) Resolve to reimburse Executive Officers or seconded Members for all and any expenses incurred in the furtherance of the Society’s objectives.

(viii) Make regulations from time to time to facilitate the functioning of the Society but subject always to clauses 13 and 14 of these rules.

(ix) Except where otherwise provided in these rules enter into any contract for any purpose which in the opinion of the committee promotes the objects of the Society which shall be bound by such contract.

(x) Revise and update the Rules & Regulations and the Constitution from time to time to facilitate the improved functioning of the Society.

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

(ii) A quorum for the Annual General Meeting shall be 10 full privilege members including the Executive Officers. 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 attending Members agree.

(i) A Special General Meeting may be called at any time on the written (email) request to the Secretary of any five members of the Society provided that ten clear working days’ notice of intention to hold such a meeting is given to all members by means of the Society website or otherwise in writing.

(ii) The quorum for a special general meeting shall be the same as for the annual general meeting.

(i) The committee shall call general meetings at least three times in each year.

(ii) Thirty clear days’ notice of intention to hold any general meeting including the annual general meeting shall be given by the Society secretary by means of the Society’s website or otherwise in writing to members.

(iii) A quorum shall be ten members. If a quorum is not present within half an hour after the time appointed for such meeting, the meeting shall not be held.

(iv) The Society and general meeting may ratify, amend or reject any decision of committee provided that the liability of the Society to any third party pursuant to any contractual arrangements made by the committee shall not be impeached.

(v) No notice of motion nor any other notice to the Society or the committee 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 committee shall be signed by or have printed at the foot thereof the name of the Society’s secretary or other person appointed in his stead by the committee.

(i) At all general meetings all full privilege members shall be entitled to one vote at matteres before the meeting and in the case of equality of votes the chairman or other person presiding shall have a casting vote as well as a deliberative vote.

(ii) Voting shall be by voices or show of hands unless a ballot is called for in which case voting shall be by ballot. In that event votes shall be counted by the Executive and the Society CEO whose joint declaration as to the result shall be final.

(iii) Proxy votes furnished by full privilege members shall be counted provided such are received in writing (including faxes and e-mails) and confirm the identity of the member entitled to exercise the proxy.

(iv) 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 Society secretary and received at least one day prior to the date of the meeting.

(v) The Society CEO or in his absence the Treasurer shall preside at all meetings. In the event of the absence of of these two office holders and no other qualifying Ececutine Committee Member, the acting chairman shall be elected from the floor by the members present.

(i) These rules including the provision for the categories and classes of membership may be amended at any general meeting provided that any motion for alteration has been passed by a two-thirds majority of members present.

(ii) 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.

The committee may make by-laws from time to time for the regulation of 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.

(i) In the interests of encouraging confidence on the part of the general public in the Society, the Society accepts responsibility for investigating misconduct on the part of its members.

(ii) To that end the committee may create a sub-committee to be called the Disputes sub-committee comprising seconded Members who may or may not (as resolved by the committee) be members of the Executive Committee.

(iii) The Disputes sub-committee shall only investigate complaints which are in writing and where the complainant is fully identified by name and address.

(iv) Before any such complaint is investigated 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 for time and transport at an established rate per additional member per hour which in toital must include an amount of 20% of the total of this fee is to be retained by the Society to cover its costs.

(v) The Society shall not have nor claim to have any jurisdiction or legal rights over its members in respect of a Dispute, and will provide that the Disputes sub-committee will make recommendations for resolution of the dispute as a neutral observer.

A refusal or failure of a Member to abide the Disputes sub-committee’s recommendation 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 Society.

(i) If a member is alleged to have been guilty of misconduct or breach of these rules or any regulations made by the committee or otherwise to have brought the Society or any of its members into disrepute, the committee may suspend the member who is the subject of the allegation pending investigation and determination by the committee.

(ii) In the event that the committee finds the allegations proved, it may impose such penalty or penalties as it sees fit including censure, suspension, payment of costs or expulsion or any combination of these provided always that a resolution of the Disputes sub-committee for expulsion will only be effective if sanctioned by the committee.

(i) Each member shall pay an Annual Membership Fee in such amount as shall be recommended from time to time by the committee and confirmed or amended by the Executive Committee at the Annual General Meeting and due on such date as shall be specified by the Executive committee. Annual membership fees may be resolved by the committee from time to time for each class of membership.

(ii) The “current year” will be from 1 August in one year to 31 July 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.

(iii) Annual membership remittances are to be made in accordance with the payment options prescribed by the committee from time to time. If a member’s annual fee is not paid in accordance with the manner prescribed by the committee within 180 days after becoming due, the committee shall give written notice to the defaulting member and noted on the Societey's web page Membership section advising that if his annual fee is DUE. If payment not made within a furthe 30 days then his membership may be terminated.

(iv) The 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.

(i) All funds belonging to the Society shall be lodged to the credit of an account or accounts in the Society’s name at such bank or banks as the committee shall decide from time to time. Moneys may be withdrawn from such account or accounts under the signature of any two committee members appointed by the committee for such a purpose or the signatures of any one committee member appointed for such purpose and the Society secretary. A signature may be in writing or may be a password required for electronic transactions.

(ii) Surplus funds of the Society are funds in excess of those required to carry out the operations and objects of the Society. 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 Society as an entity.

(iii) The committee shall not have the power to make any borrowings without the approval anc consent of a 2/3 majority at a proprtly convened Special General Meeting.

(iv) The committee may at its discretion expend the Society’s funds in the furtherance of the objects of the Society.

The Executive Committee, the Society Treasurer and other Committee Members and staff of the Society shall be indemnified by the Society against all losses and expenses incurred in and about the discharge of their duties excepting such as arise form theft, fraud, collusion for personal gain or gross negligence.

The common seal of the Society shall be held by the secretary at all times and used only as authorised by the officers of the Society. The seal shall be used on official documents and correspondence of the Society and in circumstances which require the formal validation of the Society. The affixation of the seal shall be countersigned by any two of the officers.

(i) The Society 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 Society any surplus assets after all liabilities have been paid shall be paid to the full privilege members. No surplus assets may be applied to or for the personal benefit of any other member.

The Constitution of the NZ Master PoolBuilders Inc may be updated fromtime to time
Please ensure you have the most recent version.
December 2013

MEMBERSHIP TYPES (Amended July 2009)
Membership: (Amended following AGM 2009)
New Membership Category (Appended following ratification AGM 2011)
Committees no longer voted in (Amended following AGM 2013) 'President' title dropped in favour of 'CEO' and 'Committee' in favour of 'Executive' in order to make the Society operate in a more business-like way.

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