15 July 2006 00:00:00
In the interpretation of these Clauses, unless the context otherwise requires:
a) “Balance Date” means the end of the Party’s financial year determined in accordance with Clause 26.1.
b) “Executive” means the Executive of the Party as constituted under Clause 11.
c) “Executive Member” means an Executive member who has been elected in accordance with Clause 12.
d) “Candidate” means any Member selected as the Party’s representative to stand, whether in respect of a Constituency or the List, as a candidate for a seat in the House of Representatives or for local body election.
e) “Disrepute” includes, but is not limited to, breaches of the Electoral Act, conviction for offences against people or property as a member of the Executive and recklessly or intentionally misrepresenting the policies of the party.
f) “General Meeting” means an Annual General Meeting or a Special General Meeting.
g) “Constituency” means an electoral district established by the Electoral Commission in accordance with the provisions of the Electoral Act 1993.
h) “Co-opted Member” means an Executive member appointed by the Executive in terms of Clause 12.9.
i) “Deputy Leader” means a Member appointed by the Triumvirate in terms of Clause 12.3(c).
j) “Electoral Act 1993″ includes any statutory modification, amendment or re-enactment thereof, or provisions substituted therefore for the time being in force.
k) “Leader” means a Member appointed by the Triumvirate in terms of Clause 12.3(c).
l) “List” means the List of Candidates compiled by the Party for the purposes of section 127 of the Electoral Act 1993 as the Party’s list of candidates for election to the House of Representatives under the list seats procedure of the mixed member proportional system of representation.
m) “Member” means any natural person who is a member of the Party in accordance with Clauses 6 to 8 inclusive.
n) “Party” means Libertarianz Incorporated, of which these are the Clauses.
o) “President” means a Member for the time being elected and holding office under Clauses 12.3(c).
p) “Vice President” means a Member for the time being elected and holding office under Clauses 12.3(a).
q) “Potential Candidate” means a Member who is considered for selection as a Candidate by the Executive.
r) “Potential List Candidate” means a Member or other person who is considered by the Executive for inclusion on the List in terms of Clause 24.
s) “Region” means a group of Constituencies as determined by the Executive from time to time in terms of Clause 18 and, as the context requires, the cluster of Party electorate organisations for those Constituencies.
t) “Regional Members” means, in respect of a Region, the Constituency Members of Constituencies in that Region; those Members who are resident in that Region.
u) “Clauses” means the Constitution and Clauses as now adopted or as from time to time altered by resolution passed in accordance with Clause 28.
v) “Secretary” means any person appointed by the Executive to perform the duties of the secretary of the Party or any person duly authorised to act in place of the Secretary.
w) “Special General Meeting” means a special general meeting of the Party called in accordance with Clause 19.
x) “Subscription” means a levy or a subscription or membership fee determined by the Executive in terms of Clause 8.
y) “Treasurer” means any person appointed to perform the duties of the treasurer of the Party or any person duly authorised to act in place of the Treasurer in terms of Clause 25.
z) Words importing the plural include the singular and vice versa and words importing the masculine include the feminine and vice versa.
02. Name and Establishment
2.1 The name of the Party shall be “Libertarianz Incorporated”. By this Constitution, it is hereby confirmed that the Party shall be a political party; shall put up candidates for election to the New Zealand House of Representatives and for local authorities; and shall maintain registration as a political party under Part IV of the Electoral Act 1993 or succeeding legislation.
3.1 Individual Sovereignty Each individual is the owner of his own life and has the right to live it as he sees fit, subject only to the requirement to respect the right of others to do the same.
3.2 Personal Freedom and Responsibility Just as each person is free to make his own choices in life, so too must he take responsibility for the choices he makes.
3.3 Private Property Each person has the right to create and/or lawfully acquire intellectual and physical property and to control its use.
3.4 Voluntary Association All interaction among adult human beings, in all spheres of life, should be voluntary.
3.5 Non-initiation of Force The only acts that may properly be banned in a free society are those which involve the initiation of force — or its derivative, fraud — by one party against another.
3.6 Common Law The only laws justifiable in a free society are those which protect people and their property from the initiation of force, and which uphold voluntary contractual agreements among citizens.
3.7 Limited Government The only legitimate function of government is to uphold the above principles.
3.8 Capitalism The only economic system consistent with these principles is unfettered free market capitalism.
4.1. Maximise membership of Libertarianz amongst all New Zealanders who share these philosophical principles and objectives.
4.2. Maximise the value of membership, by ensuring members wherever possible have the opportunity to promote the Party’s principles, the party and participate in Party activities.
4.3. Maximise fundraising for the party and fund its effective operation, without compromising the Party’s principles.
4.4. Ensure the best possible candidates are selected to represent the Party in elected political offices.
4.5. Ensure the Party is prepared for and conducts election campaigns of the highest quality.
4.6. To bring the Party principles into law by putting Libertarianz MPs in Parliament and Libertarianz representatives on local authorities — not by bribing voters or misrepresenting our positions, but by promoting our policies vigorously, openly and honestly.
05. Activities and party body
5.1 The Party may, in carrying out these objectives:
a) appoint spokesmen, Candidates and others to promote and disseminate policies and programmes relating to these objectives ;
b) promote and achieve the election of Candidates and the election of other Members selected for the purpose by the Executive to local authorities and other organisations with a view to implementing policies consistent with these objects ;
c) promote and provoke comment on issues in a manner consistent with Party principles and policies;
d) encourage and enhance public understanding and awareness of the Party’s objectives, policies and activities;
e) establish and maintain relationships with organisations and bodies in New Zealand and/or overseas which have concerns and/or objectives consistent with those of the Party ; and
f) the Triumvirate may from time to time deem appropriate undertake and do all such things as may be incidental or conducive to the objects of the Party or any of them and to exercise all or any of the powers referred to in these Clauses.
5.2 For the purposes of carrying out the objects of the Party, the Party shall (subject to all applicable law) have the rights, powers and privileges of a natural person and the power to do any other act or thing that it is permitted to do by any enactment or rule of law.
5.3 The Party is a non-profit organisation and the income and property of the Party shall be applied solely towards the promotion of its objectives. No monies of the Party shall be paid to any Member or Executive Member, except under Clause 5.4.
5.4 The powers of the Party include, without limitation, the powers:
a) to purchase, take on lease, exchange, hire or otherwise acquire any real or personal property and any rights or privileges and to sell, transfer, give, exchange, mortgage, charge, let on bail or lease, with or without option of purchase, or in any manner otherwise dispose of any such property rights ;
b) to hire, employ or engage any persons whether as employees, consultants or otherwise and to pay them and other persons in return for services provided for or on behalf of the Party, such fees, salaries, wages, gratuities and other benefits as the Executive may from time to time determine ;
c) to invest and deal with monies of the Party not immediately required in such manner as the Executive may from time to time determine ;
d) to borrow or otherwise raise money (including by way of donations) in such manner as the Executive may from time to time determine and to guarantee or give any form of security for obligations entered into by the Party ;
e) to enter into any contract, agreement or understanding in relation to the promoting, furthering or attaining of the objects of the Party ;
f) to remunerate any employees of the Party for service in their respective capacities upon such basis as the Executive determines, in accordance with the Annual Budget presented to the Annual General Meeting;
g) to establish, vary and disestablish such organisational structures not required specifically by this Constitution as the Executive may from time to time determine.
6.1 A Member of the Party is a natural person who qualifies as follows :
a) he or she has been accepted for membership in accordance with Clauses 6.2 and 6.5;
b) the person’s membership subscription is not overdue by more than twelve months after due date;
c) the person has not resigned since last being accepted for membership ;
d) the person has not been expelled since last being accepted for membership.
6.2 Any natural person, who is legally eligible to vote in New Zealand, may apply to become a Member by completing and delivering to the Secretary such form of application (which shall include that person’s full name, address and enrolled Constituency) as the Executive may from time to time determine, together with the current Subscription prescribed by the President.
6.3 Any person not legally eligible to vote in New Zealand, can become an Associate Member.
6.4 A Member may be, simultaneously with his or her membership of the Party, a member of another political party or political organisation;
6.5 Any application for membership may be approved or rejected by the Triumvirate, or any person explicitly delegated with such authority by the Triumvirate, and without giving any reasons for its decision, provided that after an application has been declined the Subscription tendered by the applicant shall immediately be refunded.
6.6 Subject to any express limitations or requirements of this Constitution, every Member shall be entitled :
a) to apply to have his or her name nominated for parliamentary or local body candidacy ;
b) to take part in any duly convened General Meeting of the Party or at meetings of any other approved Party organisations or bodies for which they are qualified, according to the terms on which such organisations or bodies are established from time to time.
6.7 Except as required by law or as may be necessary for the Party to obtain and maintain its status as a registered political party, no Member shall divulge to any person who is not a Member the name or particulars of any Member other than that of a Candidate or Executive member. This provision shall not preclude the Executive from :
a) divulging as and when it sees fit the number of members of the Party either in total or for particular Regions.
b) authorising the use of Party membership information for Party purposes, including to persons or organisations employed by the Party to communicate with Members.
c) divulging the names or particulars of the issue Spokesmen as approved by the Media-Coordinator/executive from time to time.
d) divulging the names or particulars of any member in receipt of a stipend from the party.
6.8 The Member’s choice of Constituency, as recorded in the Membership roll of the Party and confirmed by the Electoral Roll, shall be conclusive in indicating what, if any Region, a Member is a member of, as long as that member remains enrolled in that constituency.
07. Termination of Membership
7.1 A Member may at any time by giving notice in writing to the Secretary resign membership of the Party.
7.2 The Triumvirate shall have the exclusive power to expel any Member including a member who is a Member of Parliament, or any Executive member from membership of the Party.
7.3 The power of expulsion shall only be exercised:
a) after the Triumvirate has received a formal notice of motion for expulsion from an Executive member;
b) after the Triumvirate has given no less than twenty-one (21) working days written or email notice of that motion to the Member concerned, specifying when and where it will be considered by the Triumvirate and inviting the Member to attend;
c) should the Member concerned not wish to attend the meeting he may provide a written submission to the Secretary prior to the date of the meeting and the Triumvirate will consider that submission at the meeting;
d) should the Member concerned attend the Triumvirate meeting the Triumvirate member moving the resolution shall outline the reason why the motion for expulsion has been moved ;
e) the Triumvirate shall then invite the Member to make submissions or comments upon the proposed resolution ;
f) the Triumvirate is able to call witnesses as it sees fit in order to inform its decision making on any motion to expel a member. Witness attendance is voluntary
g) the Member concerned shall then withdraw;
h) the Triumvirate may proceed to vote on the issue and decide in its absolute discretion whether or not to exercise the power of expulsion
7.4 The Triumvirate’s powers under this Clause 7 may not be delegated, nor may any decision be
challenged in any manner.
7.5 Without limiting the power of the Triumvirate under this clause 7, expulsion is declared to be an appropriate remedy for conduct that the Triumvirate considers may bring the Party into disrepute.
08. Membership Subscriptions
8.1 Every Member shall pay to the Party a subscription in such amount and in such instalments as may be determined by the Executive from time to time.
8.2 The Executive may at its discretion provide for different levels and types of subscription. Without limiting the power of the Executive under this clause it may provide for:
a) A subscription to apply for a period of up to three years.
b) A subscription level which provides discount or other financial incentive, depending on the period of years for which the member agrees to subscribe;
c) A subscription of any rate no less than one New Zealand dollar per period.
8.3 Subscriptions shall be levied at the rate set in a resolution then passed by the Executive and current in terms of Clause 8.1 above. That rate will continue until otherwise changed by the Executive, but shall not be changed more than once during a financial year.
8.4 It shall be deemed conduct bringing the Party into disrepute for any member to pay, or procure payment of, a subscription on behalf of another person who would otherwise be unwilling to be a member.
8.5 Except pursuant to the exercise by the Triumvirate of its powers of management, administration and control in terms of Clause 9, or pursuant to the exercise by the Executive of its powers of administration, management and control in terms of clause 11, and if any Member is legally employed by the Party or has any other legal contract with the Party, no Member shall at any time have any right or claim upon the Party or to or against its property or funds.
09. Powers of Triumvirate
9.1 Except as expressly provided otherwise in this Constitution, or delegated by the Triumvirate, all matters relating to the Party shall be decided by the Triumvirate and the management administration and control of all of the affairs of the Party shall be vested in the Triumvirate. The Triumvirate shall accordingly be responsible at all times for furthering the objects of the Party set out in Clauses 4 and 5. The Triumvirate shall in particular have the exclusive power:
a) to exercise all the powers and authorities expressly or implicitly conferred upon the Party by this Constitution;
b) to determine and approve finally all Party policy having first taken into account such views of Members as have been made known to it, but not to be inconsistent with the Principles in Clause 3;
c) to appoint, remove or replace the President, Leader and Deputy Leader of the Party;
d) to exercise the powers conferred on the Executive in various of these Clauses.
9.2 The Triumvirate may from time to time make such determinations as it deems appropriate for the organisation of and for the regulation of the activities and affairs of the Party in the form of regional or constituency organisations. The rules comprising the operation of these organisations will be determined by the Triumvirate and ratified, as appropriate, by the forthcoming Annual General Meetings. In the exercise of such power the Triumvirate may in particular but not in limitation prescribe rules for convening meetings of Members and of committees of Members.
10. Members of Triumvirate
10.1 Membership of the Triumvirates shall consist of:
a) The Administrative Triumvirate shall consist of the Leader, President and Secretary.
b) The Political Triumvirate shall consist of the Leader, Deputy Leader and President.
10.2 The Administrative Triumvirate shall clarify all decisions of party organisation as defined within this constitution.
10.3 The Political Triumvirate shall clarify all decisions relating to the party policy and strategy as defined within this constitution.
11. Powers of Executive
11.1 The Executive shall accordingly be responsible at all times for furthering the objects of the Party set out in Clauses 4 and 5. The Executive shall in particular have the exclusive power:
a) to exercise all the powers and authorities expressly or impliedly conferred upon the Party by this Constitution;
b) to approve the Candidates and decline Candidates for Parliamentary or local body candidacy;
c) to withdraw the Party’s endorsement of any Candidate at any Parliamentary by-election or general election, or local body election of any kind, if in the opinion of the Executive it is in the interest of the Party to do so;
d) to determine whether or not to contest any particular Constituency at any Parliamentary by-election or general election, or to contest any local body election of any kind;
e) to determine the number and order of Candidates for the List;
f) to receive and if in order approve the balance sheet and other financial statements for the past year;
g) to decide the annual budget of the Party;
h) to refer powers to the triumvirate; and
i) to exercise the powers conferred on the Executive in various of these Clauses.
11.2 The Executive may from time to time make such determinations as it deems appropriate for the organisation of and for the regulation of the activities and affairs of the Party in the form of regional or constituency organisations. The rules comprising the operation of these organisations will be determined by the Executive and ratified, as appropriate, by the forthcoming Annual General Meetings. In the exercise of such power the Executive may in particular but not in limitation prescribe rules for convening meetings of Members and of committees of Members.
12. Members of Executive
12.1 The Executive shall consist of a maximum (unless the Triumvirate decides otherwise) of 11 persons, made up of the following:
a) the Leader of the Party;
b) the Deputy Leader of the Party;
c) the Party President;
d) the Party Vice President.;
e) members who are co-opted in accordance with Clause 12.9.
f) the Party Secretary
g) the Party Treasurer.
12.2 No Executive Member may hold more than one (1) Executive office. A Member shall not be precluded from holding one or more positions simultaneously, PROVIDED the positions of Leader, Deputy Leader, President, Vice President, Secretary and Treasurer, shall always be held by different persons.
12.3 The members of the Executive shall be elected or appointed as follows:
a) The Vice President, Treasurer and Secretary shall be selected by vote and resolution of the Executive;
b) President, Leader and Deputy Leader shall be elected by vote and resolution of the Political Triumvirate.
c) President, Vice President, Leader and Deputy Leader will be confirmed formally at the forthcoming Annual General Meeting by vote and resolution.
d) If the AGM rejects the nominated candidate, it would be appropriate for the incumbent to retain in that role for no longer than 12 months, if he agrees. If there is no incumbent, nominations will be sought from the AGM for a new candidate, who may be presented and agreed on at that AGM, or who will be submitted for consideration by email ballot of members within 3 months.
12.4 Any candidate who is already an Executive Member, or who stands for more than one position must, when accepting nomination, nominate which office he will choose to retain if elected to more than one. Offices required to be vacated to comply with Clause 12.2 shall be filled under Clause 12.9;
12.5 There shall be no proxies or voting by attorneys and only Members personally may take part in a vote at an Annual General Meeting.
12.6 The Party President and the Party Vice President shall each hold office for three years from the close of the meeting at which their selection is announced at Annual General Meeting until the close of the meeting after the next succeeding but one Annual General Meeting. The President and Vice President may both be renominated, voted on and confirmed for a succeeding term of three years.
12.7 The Secretary shall advise at each Annual General Meeting which vacancies shall be filled by persons whose terms end at the next Annual General Meeting.
12.8 Any casual vacancy occurring among the Executive Members shall be filled by the candidate who was the next highest polling candidate in the most recent respective election. Where there is no candidate available to fill such casual vacancy the Executive may appoint any Member it considers suitable to fill that vacancy.
12.9 If, in the opinion of the Executive, the Executive requires particular skills or expertise held by a Member who is not an Executive member, the Executive may co-opt such Member as it deems appropriate in that connection to serve on the Executive for such duration as the Executive may decide.
12.10 Any co-opted member shall have rights to receive notices of Executive meetings, to speak at Executive meetings and otherwise to act as a Executive member. The Executive retains full discretion to vote at any Executive meeting, by notice of motion by any member, to vote by simple majority, for the removal of any co-opted member.
13. Meetings of Executive
13.1 The President or another person approved by the President will chair meetings of the Executive. In the absence of the President, the Vice President or another person approved by the Vice President will chair meetings.
13.2 The Executive shall meet at such times and places as shall from time to time be determined by
the President; but shall meet :
a) in conjunction with the Annual General Meeting each year; and
b) at least three times in between each successive Annual General Meetings, and
c) within 7 days of a notice to the Secretary signed by at least four (4) members of the Executive requisitioning a meeting, in which case the Secretary shall determine the time and place of and manner of holding the meeting in consultation with the President if reasonably feasible, and give notice accordingly to all members of the Executive.
13.3 Notice of each meeting of the Executive shall be given in writing or by email to each member of the Executive no later than seven (7) days before the meeting is convened, by sending it to the Executive Members’ last address or email address notified to the Secretary in writing or by email. Accidental omission to give notice of a meeting (including a telephone meeting) to or the non-receipt of notice by any Executive member shall not invalidate proceedings at that meeting.
13.4 It shall be the responsibility of any Executive Member to promptly notify the Secretary and/or the Chairman of the Executive, of any anticipated absence from a meeting of the Executive.
13.5 Meetings of the Executive can be delegated to sub-committees of the Executive by agreement of the President, Vice President, Leader and Deputy Leader. Those sub-committees may be empowered to act for the Executive, with confirmation of resolutions by the remaining members of the Executive.
14. Procedure at Meetings of Executive
14.1 At Executive meetings or Executive sub-committees, a quorum shall be present if at least five (5) of Executive Members are present.
14.2 At Executive meetings each Executive member shall be entitled to one vote and every question shall be determined by a double majority (over 65%) of the votes of the Executive members present at such meeting.
14.3 There shall be no proxies or voting by attorneys at any Executive meeting or deemed Executive meeting and no Executive member shall have the right to appoint an alternate to attend and vote in his or her place at an Executive meeting; or to participate and vote at a deemed meeting in terms of Clause 13.5; or to participate in a resolution by entry in the minute book in terms of Clause 14.5.
14.4 The contemporaneous linking together by telephone or other electronic means is sufficient to constitute a quorum for the purposes of Clause 14.1. It shall be deemed to constitute an Executive meeting if an attempt has been made to involve all Executive members in such meeting. Minutes of the proceedings of such a telephone or electronic meeting shall be sufficient evidence of such proceedings and of the observance of all necessary formalities if certified as a correct minute by the Chairman of the meeting and/or by the Secretary.
14.5 A resolution in writing signed by Executive Members at least sufficient to constitute a quorum for the purposes of Clause 14.1 shall be as valid and effectual for all purposes as a resolution passed at an Executive meeting duly convened and held. Immediately following the completion of such resolution a copy thereof shall be handed or sent to each Executive member who did not participate in that resolution.
14.6 Any Executive member who is absent from three consecutive meetings of the Executive without special leave being granted (other than the Leader, Deputy Leader) shall be deemed to have resigned his or her position as an Executive member.
15. Expenses of Members of Executive
15.1 No member of the Executive shall be entitled to be remunerated for serving in that capacity or as a member of a sub-committee of the Executive but may be reimbursed for reasonable, out-of-pocket expenses incurred with the express authority of the Executive.
16. Leader and Deputy Leader
16.1 The Party shall have a Leader and a Deputy Leader appointed by the Political Triumvirate.
16.2 This Clause applies only while the Leader is a Member of Parliament. The Leader shall be responsible for the supervision, co-ordination and conduct of the Party’s activities in Parliament. The Leader shall be chairperson of the Party’s Parliamentary caucus and shall be responsible for allocating portfolios, roles as spokesman, whips’ roles and other tasks among Members of Parliament representing the Party. The Leader shall be responsible for promoting and implementing Party policy as far as possible in Parliament whether the Party is in Government or not.
16.3 The Leader shall not be entitled to enter into any coalition with any other political party or grouping whether on a temporary or permanent basis without first having consulted the Executive.
17. Parliamentary Caucus
17.1 Meetings of the Party’s Parliamentary caucus shall be chaired by the Leader or as the Leader chooses in his or her absence by the Deputy Leader or by any other nominee of the Leader. The President and the Party Vice President shall be entitled to attend all Parliamentary caucus meeting.
18. Regional Branches and other party organisations
18.1 The Executive shall from time to time determine that a particular group of constituencies comprise a Region for the purposes of convenience or efficiency in organisation and administration of the Party’s activities, or approve the formation of other separate party organisations (e.g. Libz on Campus) for the same reason.
18.2 The Executive may determine the rules applying to regional branches or other organisation meetings, elections and participation in party activities, subject to ratification by the Annual General Meeting.
18.3 Notwithstanding any rules established by the Executive, each Regional Branch or other organisation should be led by a Coordinator, who will be responsible for chairing the meetings;
18.4 Regional Branch and other party organisations may establish their own bank accounts with prior consent of the party treasurer, which are the responsibility of a duly appointed Treasurer of that Branch or party organisation.
18.5 The Treasurers and Co-ordinators shall not be the same person, but will be elected by a general meeting of all Members that qualify as being members of that region or party organisation.
18.6 The Co-ordinators and Treasurers shall report at least every 3 months on the activities and financial records of the regional branch or other party organisations to the Executive.
18.7 The Treasurers of all Regional Branches and other organisations shall be responsible for all auditing, reporting and accounting requirements communicated to them by the Secretary.
18.8 Any Regional Group or other organisation can be dis-established by resolution of the Executive, following consultation with the Co-ordinator of that group or organisation.
19. Annual General Meetings
19.1 An Annual General Meeting of the Party shall be held in each year to commence at such time and
at such place as may be approved by the Executive and notified pursuant to Clause 19.2. All Members of the Party shall be entitled to attend such General Meeting.
19.2 Notice of the Annual General Meeting shall be in writing through the Party newsletter at least thirty (30) days before the date of the commencement of the Annual General Meeting to all Members at the last address contained for each Member in the register of Members. It may also in addition be advertised in such manner as the Executive may determine. The agenda and procedure for the conduct of an Annual General Meeting shall be set by the President without the President being bound to any particular method of organisation or to any particular agenda or procedure.
19.3 There shall be no requirement for a specific quorum at any Annual General Meeting of which due
notice has been given.
20. Special General Meeting
20.1 A Special General Meeting of Members shall be called by the Secretary on the request of the Executive, the President or on receipt of a request in writing at any time signed by Members representing not less than twenty five per cent (25%) of the total number of Members whose names are included on the register of Members at that time; provided however that no Member may call more than one (1) Special General Meeting in any twelve (12) month period. Subject to the provisions of Clause 20.2, the time and place of each Special General Meeting shall be decided by the Executive.
20.2 Subject to compliance with Clause 20.3, a Special General Meeting shall be held on the date (if any) requested by the Executive and, in the case of a Special General Meeting to be convened following a petition from Members pursuant to Clause 20.1, shall be held not more than sixty (60) days after receipt of that petition.
20.3 Notice of any Special General Meeting shall be in writing and posted at least fourteen (14) daysbefore the date of the Special General Meeting to all Members at the last address contained for each Member in the register of Members. It may also in addition be advertised in such manner as the Executive may determine.
20.4 The request for and notice of a Special General Meeting shall state the general nature of the business to be discussed and specify any proposed resolutions to be considered. A resolution or proposal which has not been properly notified may be considered at a Special General Meeting but shall be expressed as a recommendation only and shall not be binding on the Executive or the Party.
20.5 There shall be no specific requirement for a quorum at any Special General Meeting of which due
notice has been given.
20.6 The President or the President’s nominee shall chair each Special General Meeting.
21. Votes of Members and Attendance at Meetings
21.1 Every Member shall be entitled to exercise one vote:
a) on any postal ballot conducted amongst the Members at large or any section of Members.
b) on any proposal, question or motion put or proposed at any General Meeting or any other meeting of Members in Regional or other organisations at which that Member is present in person.
21.2 No Member shall be entitled to exercise a vote in any postal ballot or attend or vote at any
General Meeting or other meeting of Members if :
a) that Member has not been a Member for at least the three months before the vote or
b) that Member’s subscription is overdue by more than three months.
21.3 There shall be no voting by proxy or attorney or power for a Member to appoint an alternate or delegate in his or her place. Members shall only be entitled to attend, vote and speak at a General Meeting or other meeting in person.
21.4 Subject to any express contrary provision in these Clauses every proposal, question or motion put or proposed at any General Meeting or other meeting of Members in Regional groups or any postal ballot shall be decided by a double majority (67%) of the votes cast.
21.5 Any dispute regarding the eligibility or validity of any ballot shall be resolved by the Administrative Triumvirate.
22. List of Potential Candidates for a Constituency or local body elections
22.1 In deciding whether or not to contest a by-election or general election or local body election in a particular Constituency or local body, the Executive shall take into account, where practicable, but shall not be bound by the views known to it of Members resident in that Constituency.
22.2 When the Executive considers that it is appropriate to select a Candidate to contest either a by-election or a general election or local body election it shall either call for nominations from all members through the newsletter or use the appropriate Regional Branch organisation to call for nominations and use procedures adopted as the rules applying to Regional Branches to select nominated candidates.
22.3 Nominations will either be forwarded by the Regional Executive Member, or by two members (one nominating, the other seconding) to the Secretary for consideration by the Executive.
23. Selection of Constituency and local body Candidates
23.1 At a date to be determined by the Executive, it shall declare that the Party is seeking nominations for constituency and local body candidates, and call for nominations.
23.2 Nominations received from Regional Branches, which will have selected candidates by democratic procedure approved by the Executive in the party rules, or from members (seconded by another member) will be considered by the Executive.
23.3 In the event that more than one potential candidate exists for any position, the Executive will hold a ballot of members in the relevant constituency or local body electoral area to determine the views of members in that area.
23.4 All constituency or local body candidates shall be confirmed or removed by the absolute discretion of the Executive, but no candidate shall lose Libertarianz endorsement any later than one month before the general election or by-election, unless that candidate acts in a manner which is illegal or agreed by the Political Triumvirate to be acting against the interests of the party.
24. List Selection
24.1 At a date to be determined by the Executive, the Party shall move to determine Candidates for inclusion on the List.
24.2 When a decision is made by the Executive to proceed with compilation of a List it shall (unless the time available precludes it, or if the Executive considers in the case of that particular election that circumstances are such that Members need not be so consulted)
a) notify the Members of the entire list of Potential Candidates which it holds at that time.
b) invite Members either by participating in a regional branch meeting or, if no branch exists for the Member’s region, advise the Executive in writing, the preferred priority ranking for the party list.
b) Regional Executive members will transmit the views of the Regional Branch to the Executive. The Secretary will advise the Executive of the results of any member’s individual views on the party list.
24.3 The powers of the Executive under this Clause may not be delegated. The Executive shall have the authority to determine the number, order and inclusion or exclusion of Candidates on the List, after taking into account the views of Regional Branches and members.
25. Secretary and Treasurer
25.1 The Secretary and the Treasurer of the Party shall be appointed by and may be removed by the Executive.
25.2 The Secretary shall:
a) in person or by any person duly authorised by the Executive to act on his or her behalf, be present at, and record minutes of the proceedings of, all meetings of the Executive and of the Party in General Meeting and such minutes shall be presented for confirmation at the next meeting of the Executive or General Meeting as the case may be;
b) ensure that all notices, and ballot papers required by these Clauses are prepared and despatched by the dates prescribed herein;
c) in person or by any person duly authorised by the Executive to act on his or her behalf as returning officer in relation to elections to the Executive conducted in terms of these Clauses at meetings of Members and by postal ballots of them;
d) be responsible for fulfilling all duties imposed upon the Secretary of the Party by the Electoral Act 1993; and
e) maintain a register of Members which shall be open for inspection by the Treasurer and such other persons as the Executive may authorise.
25.3 The Secretary and the Treasurer shall be responsible to the Executive for the finances of the Party and for preparing and maintaining all financial statements and records required by these Clauses and for filing all necessary tax and other financial and statistical returns.
26.1 The financial year of the Party shall end on the 31st December in each year or on such other date as the Executive may determine.
26.2 The Treasurer shall prepare such historical financial information, forecasts and budgets as the Executive may from time to time require and annual financial statements each year including a balance sheet and an income and expenditure statement for the year ended on the Balance Date.
26.3 The annual financial statements shall be audited by a member of the New Zealand Society of Accountants in public practice.
27. Bank Accounts and Cheque Signatories
27.1 All monies received for the credit or on behalf of the Party shall be paid to its credit at such bank or banks as the Executive may from time to time appoint.
27.2 All bank accounts of the Party shall be operated and all cheques, other negotiable or transferable instruments and receipts shall be drawn accepted endorsed or otherwise executed (as the case may be) on behalf of the Party by any person (designated by name or office) authorised in writing from time to time by the Executive, and acting in accordance with established Delegated Financial Authority procedures.
27.3 Bank accounts established in particular Regions to facilitate the activities of the Party in those Regions and Constituencies are for all purposes, bank accounts of the Party.
27.4 The Executive shall have control of the funds of the Party for the purposes of investment and the day to day working of the Party, according to an annual Budget submitted to the Annual General Meeting for approval.
28. Effect of Constitution: Amendment of Constitution
28.1 Every Member shall be deemed to have notice of and be bound by this Constitution.
28.2 Amendment of Constitution
a) Any proposed amendment or addition to the Constitution shall be submitted through the Secretary to the Triumvirate or may be initiated by the Triumvirate.
b) Where the Triumvirate resolves to adopt any amendment or addition it shall refer the same to the Annual General Meeting for consideration. Where the change is one which in the interests of the overall Party should be implemented urgently and before the next Annual General Meeting the Triumvirate may resolve to adopt the change with immediate effect; but such change shall nevertheless cease to have effect at the close of the next succeeding Annual General Meeting unless ratified thereat. All other amendments shall take effect from the time they are adopted and approved by the next succeeding Annual General Meeting.
c) The majority necessary to pass a resolution at an Annual General Meeting to change this Constitution, shall be at least two thirds of those present and voting.
29. Winding Up
29.1 The Members may by a resolution passed with the affirmative vote of at least two thirds (2/3) of the votes cast by Members voting at a Special General Meeting convened for the purpose resolve that the Party be wound up.
29.2 Notices of any resolution passed pursuant to the provisions of Clause 29.1 shall be sent to the Electoral Commission.
29.3 Surplus assets after payment of liabilities upon the winding up of the Party shall be disposed of by the Executive to or for the benefit of any organisation or organisations with objects the same or similar to those of the Party or which include in whole or in part the objects of the Party; or to or for the benefit of such other organisation or organisations as is approved by a resolution passed with the affirmative vote of at least two-thirds (2/3) of the votes cast by Members voting at the General Meeting referred to in Clause 29.1.
29.4 Notwithstanding anything in this Clause, such of the said surplus assets referred to herein as are subject to any trust shall be disposed of as the High Court or a Judge thereof directs.
30. Exclusion of Liability
30.1 No action or proceeding at law or otherwise shall lie in favour of Members or their executors or administrators against any Executive member or against any officer of the Party for or in respect of any act, matter or thing done, omitted or suffered in good faith in pursuance of the provisions of these Clauses; notwithstanding that there may have been an irregularity or informality occurring in or about the doing or omitting or suffering of any act matter or thing.
30.2 No Executive member or officer shall be liable for the actions or omissions of any other Executive
member or officer or for joining in any receipt or document or for any act of concurrence of conformity in any action or for any loss or expense resulting to the Party unless the same resulted from his or her own wilful default.
31.1 Every Executive member and any officer for the time being shall be indemnified out of the assets
of the Party against any liability arising out of the proper execution of his or her duties for or on behalf of the Party.
32. Dispute Resolution
32.1 Every question or dispute:
a) arising between Members; or
b) arising between a Member and the Executive, any Executive Member, officer, committee or
subcommittee or other organisational structure of the Party; or
b) concerning the correct interpretation or application of these Clauses; or
c) any matter not able to be determined by the Executive;
shall be referred either to the:
e) Administrative Triumvirate (regarding all matters of party organisation) or
f) Political Triumvirate (regarding all matters of party policy and strategy).
32.2 The Administrative Triumvirate is comprised of the Leader, President and Secretary.
32.3 The Political Triumvirate is comprised of the Leader, Deputy Leader and President.
32.4 Any decision of the Political Triumvirate will be able to be vetoed by the Administrative Triumvirate by unanimity. The Political Triumvirate will have no authority over the Administrative Triumvirate.
32.5 In considering any matters under these clauses, both Triumvirates shall ensure that it shall fully hear all sides and shall ensure they are fully appraised of the case.
32.6 No ruling or decision, exercise of discretion or other power of the Triumvirates shall be reviewed, challenged, quashed or called into question by any Member in any court of law.
32.7. The Triumvirates will make decisions by majority, except as provided for in Clause 32.4.
32.8 The Triumvirates shall not make any decisions that place any member of either Triumvirate under any obligation to act illegally.
32.9 In the event that no person exists in the role of Leader, Deputy Leader or President, the Executive will decide promptly which member of the Executive will take on that role for a period of no more than six months at a time, until any of those roles are filled.
33. Common Seal