1.1 The name of the Party shall be “Ban 1080” an unincorporated society operating as a political party for the purposes of the Electoral Act 1993 (“the Party”)
2. Objectives of the Party:
2.1 The objectives of the Party are as follows:
- To promote and enhance New Zealand’s understanding of the dangers to and destruction of fauna and wildlife by the aerial application of Sodium Monofluroacetate, otherwise known as “1080”;
- To work to secure a ban on the aerial application of 1080 within New Zealand;
- To champion the use of manpower and targeted ground control of the predators and pests affecting the survival of native species;
- To increase transparency and accountability within New Zealand for the use of 1080 as a pest control poison;
- To achieve the objectives herein the Party will make its utmost endeavour to elect competent men and women to the Parliament of New Zealand;
- To obtain the objectives the Party may enter into arrangements, including component Party arrangements with other political parties or organisations.
3.1 Any individual person or persons and any incorporated or un-incorporated society, corporate body, institution or other organisation may become a member of the Party by:
- Making written application (including by email or any other form of electronic media);
- Paying a joining fee as set out in this Constitution;
- Being approved for membership by the Executive Committee;
- All applications in writing must be signed by the applicant.
3.2 All applications for membership of the Party must be approved by the Executive Committee which has an absolute discretion to refuse membership to any person or organisation, and shall not be required or obliged to give any reason for so doing.
3.3 Membership of the Party shall continue until a member resigns in writing from the Party, or dies, or until the members membership is otherwise terminated in accordance with the provisions of this Constitution.
3.4 All members of the Party shall be:
(i) 18 years old and over;
(ii) Acknowledges in writing his or her agreement with an acceptance of the rules and objectives of the Party and its philosophy;
(iii) Is a qualified elector under the electoral act 1993;
(iv) Is a New Zealand citizen or permanent resident;
(v) Has resided in New Zealand for a continuous period of not less than 12 months.
4. Membership Fees:
4.1 To become a member of the Party, a person must pay a joining fee being such amount as may be nominated by the Executive Committee from time to time and until otherwise notified on the Party’s website the joining fee shall be $5.
4.2 In addition to the joining fee, annual subscriptions are duly payable by members within one month of receiving a request for payment of subscription which will be forwarded to the member electronically at their email address. It shall be the responsibility of the member to ensure that the secretary of the Party at all times has an up to date and current email address. Failing payment of the annual subscription, the member waives any rights to vote on matters under this Constitution and be involved in any decision making relating to the Party.
5. Rights and Privileges of Members:
5.1 Every paid up member may attend, vote and participate in all meetings of the Party including Annual General Meetings in person or by the use of electronic media.
5.2 An Annual General Meeting of the Party will be held once each year, and every member who is in attendance at the Annual General Meeting in person or by the use of electronic media may participate in the election of the Executive Committee of the Party.
5.3 Every member is entitled to participate in the selection of Party list candidates and electorate candidates to the extent permitted by the process determined by the Executive Committee.
5.4 Every member is entitled to contribute to policy and manifesto development of the Party but such contribution must meet the objectives of the Party, these rules, and the process determined by the Executive Committee.
5.5 Each member is entitled to one (1) vote that may be exercised in any meeting or electional process determined by the Executive Committee.
6. Termination of Membership
(i) A financial member may at any time resign membership of the Party by giving written notice in that regard to the Party Secretary but for the avoidance of doubt no portion of the joining fee or annual subscription will be refunded.
(ii) If any annual subscription is not paid in full within one (1) calendar month of request for payment being made (time being of the essence);
(iii) If the Exectuive Committee expels a financial member it considers that the member has:
(a) Brought the Party into disrepute
(b) Contravenes the Constitution, objectives, manifesto of the Party.
(iv) Before expulsion the Executive Committee will consider the matter leading to consideration of expulsion by;
– An investigation being undertaken by the Party Secretary or any independent person appointed by the Executive Committee;
– A hearing being convened following the process:
(a) The member concerned is heard;
(b) The investigator is heard;
(c) Submissions are received from(a) and (b) above (if they so wish);
(d) The Executive Committee may appoint and hear from expert advisers as it sees fit to deal with the matter before it.
(e) The Executive Committee will make a decision as to whether the membership of the member concerned should be terminated and the member expelled. The decision shall be conveyed to the member concerned.
(f) The decision of the Executive Committee is final and conclusive, and ther will be no right of Appeal
7. Executive Committee:
7.1 The ruling body of the Party will be an Executive Committee which shall consist of:
(i) The Party president;
(ii) The Party leader;
(iii) The Party secretary;
(iv) One representative elected by the Party’s parliamentary caucus (if applicable);
(v) Five members elected by members at an Annual General Meeting.
7.2 Each member of the Executive Committee shall have one (1) vote.
7.3 Decisions, if not made by consensus, will be made by simple majority and in the case of deadlock, the Party president shall have a casting vote as well as a deliberative vote.
7.4 The Executive Committee may co-opt advisory members to the Executive Committee (who shall not have voting rights) and may also engage or employ such other persons as it considers a necessary or expedient to the operations of the Party and the carrying out of its functions. Decisions in that regard to be made by majority vote.
7.5 The Executive Committee through the Party’s secretary shall open nominations for all positions on the Executive Committee no less than one (1) month prior to an Annual General Meeting. Only financial members of the Party may be nominated to the Executive Committee.
7.6 Each member of the Executive Committee shall hold office from the time at which they are elected until resigning in accordance herewith or being otherwise removed in accordance with this Constitution.
7.7 The Executive Committee may determine its own process for the seeking of nominations, and the process will be notified by the Party secretary to all members not less than one (1) calendar months prior to the Annual General Meeting.
7.8 Any member of the Party may be nominated as a candidate for election to the Executive Committee by:
- At least two (2) current members of the Party; and
- At least one (1) member of the Executive Committee.
At the end of nomination process determined by the Executive Committee the Party secretary shall distribute the names of all nominees to the members of the Party. Election for all positions on the Executive Committee will be held at the Annual General Meeting voting by simple majority.
8. Removal of Executive Committee Members:
8.1 The Executive Committee may remove any member from the committee by 75% of all members of the Executive Committee at a special General Meeting held for that purpose.
9. Financial Year:
9.1 The financial year of the Party shall, until otherwise determined by the Executive Committee, end on the 31st day of March in each year.
All monies received by the Executive Committee or the Party secretary shall be paid to the credit of the Party such banks or other financial institution at the Executive Committee may from time to time appoint and direct. All cheques, withdrawals or other debits in bank accounts, on behalf of the Party shall be signed or otherwise authorised by any two (2) members of the Executive Committee.
9.2 The Executive Committee shall course proper books of accounts be kept and maintained up to date so as to at all times provide a true and accurate record of the financial affairs for the Party, including any assets and liabilities. Such books of accounts shall be kept by the secretary of the Party.
10. Powers of the Executive Committee:
10.1 The Executive Committee shall administer the affairs of the Party to meet the objectives of the Party and without limitation of its powers, shall have authority to:
(i) Exercise any lawful powers not inconsistent with this Constitution or the decisions of an Annual General Meeting;
(ii) Appoint sub-committees comprised of members as it considers expedient;
(iii) Enter into arrangements, including component Party arrangements with other Parties – by terms of which the Party may become a component party of another party, or by which another party may become a component party of the Party with power of extension of membership of the Party or to the Party either way.
11.1 The Executive Committee may delegate its powers and functions to any person, firm or corporation as it sees fit, but any delegation must be undertaken in accordance with these rules and the objectives of the Party.
11.2 The Executive Committee may revoke any delegation in writing at any time and with immediate effect.
12. Party Secretary:
12.1 The Executive Committee shall appoint a Party secretary who will be responsible for the administration of the Party including ensuring that the Party fully complies with New Zealand’s Electoral Law in all its aspects.
12.2 The Party secretary is an automatic member of the Executive Committee but shall have no voting rights.
12.3 The Party secretary shall be remunerated at an annual amount determined by the Executive Committee from time to time.
13. Party Leader:
13.1 The Party will have a Party leader who shall be responsible for managing the Party’s parliamentary affairs should it be represented in parliament.
13.2 The Party leader is an automatic member of the Executive Committee and has full voting and speaking rights.
13.3 Should the Party not be represented in parliament, the Party leader will be the candidate ranked number one on the Party list by the Executive Committee.
13.4 If the Party is represented in parliament, the Party leader will be selected by majority vote of the parliamentary caucus. If however there is only one member of the parliamentary caucus, that person shall automatically be the Party leader, if there are two (2) members of the parliamentary caucus, the Party leader will be the candidate ranked highest on the Party list.
13.5 The Party leader may be removed if there is a successful vote of no confidence conducted by the parliamentary caucus by simple majority of all its members. If the Party leader fails in vote of no confidence, there will be an election within the parliamentary caucus for a new Party leader as set out above. At the first caucus meeting following a general election, a Party leader must face an automatic confidence vote should he or she fail to secure a simple majority of votes from the parliamentary caucus; a new election for Party leader will be held and elected by majority vote of the parliamentary caucus.
14.1 The Executive Committee shall determine the selection and approval of Party list candidates and electoral candidates for election. The minimum requirements of applicants for candidacy (whether list or electoral) are (without limitation):
- Confirmation the candidate is a New Zealand citizen;
- Confirmation of eligibility and suitability for nomination to parliament
- A clean criminal record, confirmation of which is obtained from the New Zealand Police
- A written undertaking to uphold and be bound by the objectives and rules of the Party including its Constitution
- An undertaking to abide by the manifesto of the Party
- Any other matters the Executive Committee may require
15. Selecting the Party List:
15.1 The Party’s Executive Committee shall produce a Party list selected as follows:
- (i) In a general election year the Executive Committee shall decide the time periods and deadlines for each stage of selecting the Party list;
- (ii) The Party secretary shall call for nominations in accordance with the time period and deadlines set by the Executive Committee;
- (iii) Only members may be nominated for the Party list and members may nominate themselves for the Party list;
- (iv) At the close of nominations the Executive Committee shall rank nominees and produce a draft list with no less than five (5) and no more than one hundred and twenty (120) candidates;
- (v) The draft list will be submitted to members for consultation and members will rank the candidates on the draft list in accordance with own preference and return the ranked draft list to the Party secretary within the time period set by the Executive Committee;
- (vi) From the ranked draft list, the Executive Committee shall provide an electoral Party list at its sole discretion, and that list will constitute the final Party list.
16. Electorate Candidates:
16.1 Once the Party list has been finalised, the Executive Committee may ask candidates on the Party list to stand in electorates as electorate candidates. The decision as to which electorate candidates are asked and for the electorate asked to stand for at the discretion of the Executive Committee.
16.2 Every member is entitled to actively participate in ranking the draft Party list.
17. Amendments to the Constitution:
17.1 The objectives under clause 2 and the following sub-clauses shall not be amended, altered or re-cindered unless there is a majority vote exceeding 75% of the Executive Committee members.
17.2 Any member may propose amendments to the rules in compliance with procedure set by the Party secretary and notified all members as soon as possible.
17.3 The Executive Committee shall give notice to all members of any proposed amendments to this constitution not less than one (1) month prior to the Annual General Meeting or five (5) working days prior to a Special General Meeting with the Party.
18.1 75% majority of the Executive Committee members may, at a Special General Meeting of the Party for that purpose, resolve that the Party should be dissolved as from a date to be named in the resolution.
18.2 Any property of the Party upon dissolution being completed, be transferred to such political party or society as having objectives similar to those of the Party within in New Zealand.