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NRV4 18/04/13
2010 NATIONAL UNION RULES v4
NEW ZEALAND TRAMWAYS AND PUBLIC PASSENGER TRANSPORT EMPLOYEES UNION INCORPORATED
NAME
1. The name of the Society shall be the NEW ZEALAND TRAMWAYS AND PUBLIC PASSENGER TRANSPORT
EMPLOYEES UNION INCORPORATED
REGISTERED OFFICE
2. The registered office of the National Union shall be at such place as the National Council may from time to time
appoint.
INTERPRETATION
3. In these Rules unless the context otherwise requires
NATIONAL UNION means the New Zealand Tramways and Public Passenger Transport Employees
Union Incorporated
NATIONAL COUNCIL means the National Council for the time being of the National Union
BRANCH means a Branch of the National Union duly incorporated under the provisions of the
Incorporated Societies Act 1908 or the Incorporated Societies Amendment Act 1920 or any enactment
substituted therefor
MONTH means calendar month
Words importing the singular number include the plural number and words importing the plural
number include the singular number and words importing the masculine gender include females
OBJECTS
4. The objects for which the National Union is established are

4.1 To exercise all the powers and rights of a Trade Union under the Employment Relation Act 2000 and
any subsequent legislation relating to the industrial and employment laws of New Zealand

4.2 To protect and improve the wages and conditions of Union members

4.3 To purchase, lease, rent or sublet property

4.4 To borrow or invest funds

4.5 To establish and operate welfare, legal aid and credit funds for the benefit of members

4.6 To co-ordinate the activities of the various Branches

4.7 To promote Branches in districts where there is no Branch in existence

4.8 To generally do all such acts and things as shall or may be for the benefit of Branches and members


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INSPECTION OF THE RULES
5. A copy of these Rules shall be available for inspection at the registered office of the National Union and at the
registered office of each Branch by any member entitled to vote at any time during ordinary business hours. A
hard copy of the Rules shall be supplied to any member on payment of the cost of printing the same and an
electronic copy will be emailed free of charge
MEMBERSHIP
6. Membership of the National Union shall consist of the following classes
i. Branches
ii. Branch members
iii. Honorary life members of Branches
6.1 Membership may include any person employed or engaged to be employed in the passenger
transport industry
6.2 Membership shall also be open to employees of the National Union and its Branches, both elected and
appointed, including those who work in part time or voluntary positions
6.3 All applications for membership shall be made in writing to the Branch Secretary. The Union reserves
the right to accept or reject membership applications
6.4 Every member of a Branch shall be deemed to be a member of the National Union and shall be liable
to all the obligations of such membership
6.5 Members shall give written notification to the Branch Secretary of their intention to resign
6.6 Members resigning shall return to the Branch Secretary any membership card and any other property
belonging to the Union. Membership fees shall continue to accrue until all such property is returned
6.7 Membership of the Union shall lapse following resignation or termination of employment unless
subject to appeal, and may be continued by application to the Branch Secretary
6.8 Any member or ex-member may be nominated for Honorary Life Membership of a Branch by
nomination of the Branch Secretary. Honorary Life Members may attend and speak at any meeting of
the Branch and shall be eligible to vote on any matter, including elections and shall be eligible to hold
office or to propose or second any nomination for office. Honorary Life Members are not required to
pay membership fees
BRANCHES shall be those Branches which have been incorporated in accordance with Rules 6 - 13 hereof and which
have adopted the Branch Rules set out in Appendix hereto
BRANCHES
7. The National Council may from time to time resolve to establish a Branch of the Union in any district or place of
employment that it deems desirable

8. The name of the Branch shall be the NEW ZEALAND TRAMWAYS AND PUBLIC PASSENGER TRANSPORT
EMPLOYEES UNION .......................BRANCH INCORPORATED
(insert name of branch)
9. In any case where the National Council has resolved to permit the registration of a Branch, the Branch
Secretary shall with the consent of the majority of the individual members proposed to be incorporated as a
Branch apply to the Registrar of Incorporated Societies for the incorporation of the said Branch in accordance
with the provisions of the Incorporated Societies Amendment Act 1920 or any enactment in substitution
therefor
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10. Prior to or upon becoming incorporated as a Branch the proposed Branch shall adopt in place of its own Rules,
if any, the Branch Rules as set out in Appendix hereto and amended from time to time by the National Council

11. Branches shall be managed by an Executive comprising President, Vice President/s, Secretary/Treasurer
reporting to a Delegates Committee comprising the elected Delegate or Delegates and/or Assistant Delegate or
Delegates from each depot

12. Each Branch shall have the authority to affiliate or amalgamate with any organisation as may be authorised by
a duly constituted meeting of members, subject to final approval by the National Council

13. The financial year of each Branch shall end on the thirty-first day of August unless the National Council
expressly agrees to a different date
BRANCH RESPONSIBILITIES AND OBLIGATIONS
14. Upon incorporation as a Branch, the (formerly unincorporated) Branchs assets (including but not limited to
cash, bank balances, investments, debtors, fixed assets and intellectual property) and liabilities (including but
not limited to debts, leases, rental agreements, undertakings, creditors accounts, contingent liabilities and
historic or pending or future legal judgements) held in the name of the Branch prior to incorporation shall pass
to the incorporated Branch and become the sole property and responsibility of the incorporated Branch

15. If the National Union is insolvent, prima facie, an incorporated Branch is under no legal obligation to support
the national Union financially and if an incorporated Branch is insolvent, prima facie, the National Union is
under no legal obligation to support the incorporated Branch financially

16. Each Branch shall promptly remit to the National Union such capitation fees (if any) that may be in force from
time to time, ALWAYS PROVIDED that the fee has been set and approved at a General Meeting of the National
Council and passed by a unanimous vote of the votes entitled to be cast

17. Each Branch shall forward to the National Union a copy of its Annual Report and Balance Sheet, duly audited if
such is directed by vote of the Branch membership together with a record of the membership of the Branch as
at the end of the financial year within four months of the end of the Branchs financial year

18. The Secretary of each Branch shall furnish the National Union with the names and address of all officers of the
Branch within one month of the Branchs Annual General Meeting and with the details of the changes of
officers within one month of any such change

19. A Branch may publish literature solely in the name of the Branch for local purposes but such literature shall not
contain any statement contrary to the objects or policies of the National Union. Under no circumstances shall
Branches, their officers or members purport to represent, publish or speak on behalf of the National Union

20. The area of operation or district or employer sites of each Branch shall be established by the National Council
after consultation with the Branch and adjoining Branches and the National Council shall at all times have the
power to vary such district after consultation with the Branches to ensure that there is no overlapping of
Branch areas or competition for membership

21. Each Branch shall generally manage its own affairs and shall be solely responsible for its debts, liabilities, assets
and the discharging of all statutory responsibilities as an incorporated society. The management and control of
the affairs of the Branch shall be vested in a Branch Executive/Committee which may exercise all powers and
do all acts and things which may be done or exercised by the Branch which are not expressly directed or
required to be exercised or done by it in a General Meeting or by the National Council or by the National Union

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22. The National Council shall be empowered to suspend or remove from office as a body or individually the
officers or members of any Branch Executive/Committee who refuse to comply with these Rules, Branch Rules
or any Bylaws made hereunder, or who in the opinion of the National Council act in any manner prejudicial to
the interest of the Branch or National Union and to appoint from the membership of the Branch officers to fill
the vacancies thereby created until the next Annual General Meeting of the Branch PROVIDED THAT any
decision made hereto must first be approved at a General Meeting of the National Council and passed by a
majority of the votes entitled to be cast

23. The Rules and Objects of a Branch shall not be amended in such manner as to render them inconsistent with
the Rules and Objects of the National Union
AUDITOR
24. There shall be an annual audit of the accounts of the National Union by a Chartered Accountant who shall not
be a member of the National Union or any Branch EXCEPTING THAT at its sole discretion, the National Council
may resolve by majority vote to not appoint an auditor for any year in which it has no assets, no liabilities and
no financial transactions.
NATIONAL COUNCIL
25. The National Councils primary role is to assist, advise and support Branches on any matters relating to the
Public Transport Industry

26. An Annual General Meeting of the National Union shall be held each year at a time to be determined by the
National Council but no later than 30
th
April in any one year. The meeting date will be notified by notices
posted to each council member at least 21 days in advance. Any remits, motions or general business must be
notified in writing to the National Council Secretary at least 14 days prior to the meeting date

27. The National Council shall authorise and administer changes to the registered rules of the National Union

28. The National Council shall be responsible for any requirements under the Incorporated Societies Act in relation
to the National Union only

29. The National Council may resolve to levy each Branch with a capitation fee, ALWAYS PROVIDED that the fee has
been set and approved at a General Meeting of the National Council and passed by a unanimous vote of the
votes entitled to be cast. Such a levy or fee may be increased only by a unanimous vote of the votes entitled to
be cast but may be decreased or cancelled by majority (rather than unanimous) vote of the votes entitled to be
cast

30. All Branch matters in relation to the Incorporated Societies Act, including discipline and grievances shall be
dealt with by the Branches in accordance with the Branch Rules

31. The National Council shall comprise of up to three representatives from each Branch and shall meet as
required. A quorum for any meetings of the National Council shall be not less than the majority of the Branches
entitled to vote

32. The Branch Representatives shall consist of the Branch President, the Branch Secretary and the Branch Vice
President or such other officer of the Branch as may be elected or nominated by the Branch Executive

33. Each Branch shall be responsible for the attendance, travel and any other costs of being represented

34. The National Council shall elect from National Council members a President, Vice President and Secretary to
assist the operation of the National Council and who shall hold office for the term of four years or until their
position at the Branch lapses, whichever occurs first
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35. Voting on matters before the National Council shall be on the basis of one vote for each Branch

36. The ordinary duties of the National Council shall be voluntary and no payments of any kind shall be made by
the National Council
ALTERATION OF RULES
37. Any amendment to the National Union Rules or the Branch Rules will be made by remit or notice of motion in
the first instance to a Branch Annual General Meeting. Any such resolution or remit approved by majority vote
by those present will then be forwarded to the Secretary of the National Council for approval and shall not
come into force until approved at a National Council meeting

38. Every alteration once approved by the National Council and signed by a National Council representative from
each branch shall come into force on the date on which it is registered by the Registrar, or on such later date as
may be specified therein
DISSOLUTION
39. The National Union or a Branch may be dissolved by a resolution passed at a General Meeting called for that
purpose and such resolution shall be confirmed at a subsequent General Meeting called for that purpose and
held not earlier than two months after the date at which the resolution so to be confirmed was passed

40. The surplus funds of the National Union or Branch shall upon winding up or dissolution be divided equally
among the remaining Branches, or if there are no remaining Branches given or transferred to some other
organisation or body having objects similar to the objects of the first organisation, the recipient organisation
being determined by a vote of the membership
COMMON SEAL
41. The Common Seal shall be in the custody of the National Council Secretary and shall not be affixed to any
document except pursuant to a resolution of the National Council and only then shall be affixed by the
Secretary or President of the National Council who shall attest such affixation by signing his name to the
document so sealed
INTERPRETATION OF RULES
42. Subject to statute, these Rules and the resolutions of General Meetings, the decisions of the National Council
on the interpretation of these Rules and all matters dealt with by it in accordance with these Rules and on
matters not provided for in these Rules shall be final and binding on all members
TRANSITION
43. The 2010 Rules are in addition to, rather than in place of the 2009 Rules. The 2010 Rules will only apply to
Branches that successfully incorporate in accordance with the provisions of the Incorporated Societies
Amendment Act 1920 or any enactment in substitution therefor. The 2009 Rules will continue to apply in all
other circumstances