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NEW ZEALAND D A R T S COUNCIL INC |
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C O N S T I T U T I O N |
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Adopted |
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21st January 2006 |
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| CONTENTS | |
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ITEM |
PAGES |
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COVER PAGE |
1 |
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INDEX TO CONTENTS |
2 |
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INTERPRETATION (Glossary of terms used) |
3 |
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CLAUSES |
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1. NAME |
4 |
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2. OFFICE |
4 |
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3. OBJECTIVES |
4 & 5 |
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4. MEMBERSHIP |
5 & 6 |
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5. ENFORCEMENT OF RULES AND BYLAWS |
6 |
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6. REMOVAL FROM MEMBERSHIP |
6 & 7 |
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7. WITHDRAWAL FROM MEMBERSHIP |
7 |
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8. ALTERATION OF RULES |
7 |
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9. PRINCIPAL CONTACTS |
7 |
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10. EXECUTIVE OFFICERS |
7 & 8 |
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11. APPOINTED OFFICERS |
8 & 9 |
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12. DUTIES |
9 |
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13. FINANCES |
9 & 10 |
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14. NZDC ANNUAL GENERAL MEETINGS |
10 & 11 |
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15. ANNUAL REPORT |
12 |
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16. QUORUM |
12 |
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17. EXECUTIVE MEETINGS |
12 |
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18. MANAGEMENT |
12 & 13 |
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19. MINUTES |
13 |
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20. SPECIAL GENERAL MEETING |
13 & 14 |
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21. DISPUTES |
14 |
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22. MISCONDUCT |
14 |
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23. COMMON SEAL |
14 |
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24. INDEMNITY |
14 |
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25 BYLAWS |
14 & 15 |
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26. PROPERTY |
15 |
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27. WINDING UP |
15 |
INTERPRETATION - Glossary of terms
In the Constitution the following terms, if not consistent with the subject, or context, respectively, have the meanings set opposite hereto;
‘ACT’ – means “The Incorporated Societies Act 1908” and amendments thereto.
'COUNCIL' - means the New Zealand Darts Council Inc.
'EXECUTIVE' - means the Board of Directors elected at a NZDC Annual General Meeting for the purpose of conducting the business of the Council during the time between Annual General Meetings.
'CHIEF EXECUTIVE - means the Chief Executive for the time being of the Council.
'OFFICE' - means the Registered Office for the time being of the Council.
'REPRESENTATIVE' - means the person appointed by a Member Darts Body to act on its behalf.
'DARTS BODY' - means the authorised Member Darts Organisation, Association or League, which is a Member of the Council.
'YEAR' - means the official year of the Council, which shall extend from the first day of November in one year until the thirty first day of October in the succeeding year.
'MASCULINE' - masculine gender pronouns shall include feminine.
'SINGULAR' - singular terms shall, where necessary, include the plural.
'PLAYING MEMBER' - means a person who is affiliated with the Member Darts Body
'ELIGIBLE' - means that a person, or Member Darts Body, is able to comply with the
Appropriate rules and regulations adopted by the Council.
'PRINCIPAL CONTACT' - means a person appointed or elected by a Member Darts Body to whom all Council communications shall be addressed.
1. NAME
The name of the Council shall be the “New Zealand Darts Council Inc, hereinafter called the 'NZDC'.
2. OFFICE
The Registered Office of the Council shall be the residence or office of the Chief Executive for the time being.
3. OBJECTIVES
3.1 The fostering of the sport of darts and the setting out of the Rules under which the game shall be played.
3.2 To do, and carry out, undertake, sponsor, promote, assist, and to help such other plans, schemes and other Organisations as the Executive may from time to time deem of benefit to the Council.
3.3 To encourage the promotion of the Sport of Darts throughout those areas, and against each other, and thereby gain national recognition for darts as a major sport.
3.4 To provide additional opportunities for darts players male and female throughout
New Zealand.
3.5 To be non-political, and non racial, at all times.
3.6 To be non-profit making.
3.7 To achieve and maintain the highest possible standard of presentation and organisation throughout New Zealand.
3.8 To promote New Zealand Darts Championships.
3.9 Buy, sell, lease, mortgage, charge, exchange or otherwise deal with or in, all or any real or personal property on terms approved by the Executive with or without consideration, rental, or otherwise.
3.10 Invest any funds belonging to the Council in any manner agreed upon by the Executive and apply all income or other receipts of the Council whenever of where-so-ever derived solely towards the promotion of the Council as set forth in these Rules or in any other manner incidental to and consequent upon the said objects.
3.11 To construct and maintain any building or work necessary or convenient for the work of the Council.
3.12 To become a member of any other Society whether incorporated under the "Incorporated Societies Act 1908" or any amendments thereto, or not.
3.13 To indemnify all members of the Executive and agents of the Council against all claims and demands made upon them in respect of all acts done by them in good faith purporting to be in pursuance of objects of the Council whether such acts shall be strictly within the powers of the Council or not.
3.14 To remunerate any person, firm, company, body corporate, or society for services rendered to the Council.
3.15 Any income, benefit or advantage shall be applied to the objectives of the organization. No member of the organization or any person associated with a member shall participate in or materially influence any decision made by the organisation in respect of the payment to or on behalf of that member or associated person of any income, benefit or advantage whatsoever.
3.16 Any such income shall be reasonable and relative to that which would be paid in an arms length transaction, (being open market value).
3.17 From the profits of the Council, to give to, establish or assist or support any hospital, charitable, social, sporting or benevolent society, institution or board, club or fund, whether of a public or private nature.
4. MEMBERSHIP
4.1 Membership of the Council shall be open to any Organisation throughout New Zealand exercising local control over the sport of darts. Any such Organisation may apply in writing to become a member of the Council provided that, in the case of any Member Body which is unincorporated the individual members of such Member Body shall be deemed to be members of the Council but shall not be entitled to vote individually. Voting by such unincorporated Member Body shall be by not more than one member appointed in accordance with the rules of such Member Body.
4.2 The Darts Body of any area from which there is not already a Member Darts Body may make an application to the Chief Executive for Membership of the NZDC. Such an application may be given an 'interim approval' by the Executive.
4.3 The question of election of such a Darts Body to Membership of the NZDC shall be submitted to the following NZDC Executive Meeting.
4.4 Each member Darts Body shall have ONE vote, subject to being in good 'financial' standing with the NZDC.
4.5 Each Member Darts Body shall submit a list of elected Officials annually to the NZDC; such official list should be submitted within '30' days of their latest election.
4.6 All NZDC Member Darts Bodies shall be encouraged to publicise Membership of the NZDC on their own letter headings and other promotional material.
4.7 All NZDC Member Darts Bodies will only officially recognise other NZDC Members when involved in Regional and National representative matches and tournaments, and will make representation for such events through their officially constituted Darts Bodies, and not through any individuals. If this practice is not adopted by an 'outside' darts body and the event in question has not met with the approval of the Member Darts Body in that area, because it is in conflict with their own, or NZDC policy, then all playing members should be advised of the facts relating to that event and the possible consequences of their participation.
4.8 Any Member Darts Body wishing to promote a 'NZDC' titled darts tournament must seek official approval from the NZDC.
4.9 All Member Darts Bodies shall recognise that the NZDC is the governing body for the Sport of Darts throughout New Zealand. It is a prerequisite for membership of the NZDC that a Member Darts Body shall give its full support to this body and its objectives.
4.10 Where any other bodies, or organisations, purporting to be the controlling organisation for the Sport of Darts throughout New Zealand attempt to encroach on the area of jurisdiction of any Member Darts Body, it is the duty of all Members to support their fellow Members and refuse co-operation of any kind to such organisations. Failure to comply with Clause 4.7 will lead to the withdrawal of Membership of the NZDC
5. ENFORCEMENT OF RULES AND BYLAWS
The Executive may suspend any Member Darts Body from membership of the Council for such period of time it deems necessary if, in the opinion of the Executive, such Member Darts Body has committed a breach of any rule or bylaw of the Council or has committed a breach of any rule, direction, or instruction issued by the Executive of the Council, such Member Darts Body to have the right of appeal to the Council.
6. REMOVAL FROM MEMBERSHIP
6.1 THE COUNCIL may strike any Member Darts Body from the register of members:
a. Upon being satisfied that such Member Darts Body has been guilty of conduct injurious to the character and interest of the Council.
b. Upon being satisfied that such Member Darts Body has wilfully committed a breach of any of these Rules or any Bylaws of the Council.
c. Any Member Darts Body that remains un-financial after '3' calendar months
6.2 Any representation made to the Council by a representative or Member Darts
Body complaining of conduct referred to in subparagraph a. of this Paragraph 6 shall be referred for enquiry there into by the Executive. If the Executive so decide, a Special General Meeting of the Council shall be called to consider whether or not such Member Darts Body should be struck off the register of members. Such Member Darts Body shall have the right to be present at such Special General Meeting or the meeting of the Executive to which it has been referred for enquiry.
6.3 AN ENTRY in the register of members that a Member Darts Body has been
struck off pursuant to Rule 5 hereof shall be conclusive evidence that the requirements of these Rules have been complied with, that the Council has exercised its powers in a proper manner and that the Member Darts Body has ceased to be a member from the date of the resolution to strike off its name and no Member Darts Body whose name has been deleted shall have cause of action except in the case of malice.
6.4 The Council may re-admit to membership any Member Darts Body expelled pursuant to the provisions of Rule 6.1c hereof upon full payment by such Member Darts Body of all fees due by it or upon full discharge by such Member Darts Body of its obligations to the Council.
6.5 Any Member Darts Body ceasing to be a member of the Council from any cause whatsoever including resignation shall never the less remain liable to the Council for all membership fees and other monies which may have become due by it prior to the cessation of its membership.
7. WITHDRAWAL FROM MEMBERSHIP
A Member Darts Body may withdraw from membership by giving notice thereof in writing to the Chief Executive who shall report such resignation to the next meeting of the Board of Directors and the Member Darts Body shall there-upon cease to be a member of the Council and shall forfeit all rights and interest, if any, in the property of the Council.
8. ALTERATION OF RULES
AT ANY Annual General Meeting or Special General Meeting, new Rules may be made and any existing Rule or Rules amended or rescinded by a resolution of members passed by a majority of not less than three-fifths of the members of the Council as being entitled so to vote at such Annual General Meeting or Special General Meeting of which notice specifying the intention to propose the resolution has been duly given in accordance with the provision of Rule 14.11 hereof.
No addition to or alteration of the non profit aims, personal benefit clause or the winding up clause shall be approved without the approval of the Inland Revenue Department. And the provisions and effect of this clause shall not be removed from this document and shall be included and implied into any document replacing this document.
NO addition or alteration to or revision of the Rules shall be valid until registered.
9. PRINCIPAL CONTACTS
The Principal Contacts of Member Darts Bodies must be elected members of the Darts Body that they are representing.
A list of all Principal Contacts in the form of the NZDC Directory shall be maintained by the Chief Executive and issued after each NZDC General Meeting to all listed NZDC personnel. Amended copies of pages of the NZDC Directory shall be re-issued as and when required.
10. EXECUTIVE OFFICERS
The officers of the Council shall be composed as follows;
10.1 Patron and not more than three Vice Patrons
10.2 An Executive comprising the Six Directors who shall appoint one of their numbers to be Chairman. The Chairman appointed shall continue as such for his elected term of office.
10.3 The Officers of the Executive shall each hold office for THREE years and shall be eligible to stand for re-election.
10.4 The members of the Executive shall hold office for their elected term. Should any of the offices referred to in Rule 10 hereof become vacant, the Executive in its discretion may elect a person to fill such vacancy until the Annual General Meeting.
10.5 To be eligible for office, candidates must be financial members of the Council and, if elected, must remain financial for the elected term to hold office. This shall not be a prerequisite to any honorary position that may be elected or appointed from time to time.
10.6 An Executive Officer may stand for re-election without the formality of being nominated, or seconded by a Member Darts Body, however a letter of intent should be submitted by the Executive Officer 6 months prior to an election taking place.
10.7 For Representatives other than existing Executive Officers it will be necessary to submit individual written nominations by their Member Darts Body, together with a written acceptance of the nomination, to be forwarded '90' days before the NZDC General Meetings and circulated to all NZDC Member Darts Bodies '60' days before such Meetings.
In the event of mid-term vacancies occurring, the NZDC Executive shall have the power to fill such vacancies, until the next NZDC Annual General Meeting.
No Executive Officer of the NZDC may act as a Representative of a Member Darts Body at any NZDC Meeting.
10.8 A retiring Officer shall notify the board of their intention to retire by the 2nd executive meeting of the year and shall continue in office until a successor is appointed and at this moment the successor only shall have a vote for this office.
10.9 The NZDC Executive shall be elected by delegates present at NZDC Annual General Meeting.
11.1 A Chief Executive, who shall not be a member of the Executive, shall be appointed by the Directors on a performance contract for such term and for such remuneration and expenses as may be negotiated by the Directors.
11.2 An Auditor, who shall be registered public accountants, shall be appointed by the Executive and shall be paid such remuneration as may be negotiated by the Executive.
11.3 A New Zealand Selector who shall preside over a Selection Panel whose primary objectives are to select Inter Island, Tournament and New Zealand Teams.
11.4 A Selection Panel of FOUR Selectors who shall work in conjunction with and under the direction of the New Zealand Selector.
11.5 A NZ Team Manager who shall be appointed by the Directors on a performance contract for such term as may be negotiated by the Directors.
11.6 A Selection Panel of TWO Selectors who shall attend the NZ Junior & Youth Championships with the primary objective to select Tournament Teams
11.7 All nominations for Directors or Appointed Officers of the Council must be received by the Chief Executive in writing.
The Closing date for nominations to be the same as for remits (Rule 14.11).
12. DUTIES
The duties of the NZDC Executive Officers shall be defined as follows ;
12.1 CHAIRMAN - one who conducts NZDC General Meetings and has a casting vote.
12.2 DIRECTORS – Those persons duly elected whose responsibility is the management of the Council and shall have the power to make all decisions necessary to preserve or enhance the well being of the Council.
12.3 CHIEF EXECUTIVE OFFICER - one who conducts the general business of the Council and keeps a record of activities including and not limited to the Minutes of NZDC General Meetings and updates all NZDC Documentation.
The Chief Executive shall also keep a true account and entry of the finances of the NZDC; these records shall be independently audited and confirmed, prior to the NZDC General Meetings. He shall also produce Financial Statements at all Executive meetings.
13. FINANCES
13.1 The period of the NZDC Financial Year shall extend from the 1st November in one year until the 31st October in the succeeding year.
13.2 Each Member Darts Body shall pay an Annual Subscription and Player Registration fees as decided by a majority of NZDC Member Darts Bodies eligible to vote at a NZDC Annual General Meeting.
13.3 The notice for fee payment will be issued at 1st March in each year, with a reminder that the Annual Subscriptions are payable by 30th April in the current year.
13.4 The Chief Executive shall be appointed as the NZDC Signatory, who shall be responsible for the settlement of all NZDC financial commitments.
13.5 All cheques and withdrawal slips drawn on the Council’s account will be signed by the Chief Executive and one of two other members appointed by resolution of the Executive.
13.6 The Chief Executive shall submit a confirmed and Audited Balance Sheet to each NZDC Annual General Meeting, and he shall submit a Financial Statement to each Executive Meeting.
13.7 All monies, cheques, bills of exchange and other negotiable instruments shall be paid into an account in a trading bank approved by the Executive to the credit of the Council.
13.8 The Executive may from time to time invest any proportion of the funds of the Council in the name of the Council subject at all times to the provisions of the Trustee Act 1956 and amendments thereto
13.9 Separate NZDC Accounts may be set up for International, National or Regional darts events, where appropriate, at the discretion of the NZDC Executive.
13.10 The Executive shall have power to borrow or raise money to secure the payment of money owing or the satisfaction or performance of any obligation or liability incurred or undertaken by the Council in such manner as the Council may deem fit and in particular by the issue of debentures, debenture stock or by bonds or by mortgage, charge or lien, upon the whole or any part of the Council's property or assets, whether present or future and to purchase or redeem or pay off any such securities. All deeds and instruments affecting those borrowing powers shall be in the name of the Council.
14. NZDC GENERAL MEETINGS
14.1 A GENERAL Meeting to be known as the Annual General Meeting shall be held no later than the last weekend in the month of January in every year.
14.2 The Chief Executive shall advise each NZDC Members Darts Body of such Meetings at least '60' days prior, giving the time, date, and venue of the Meeting together with an Agenda provided however that the accidental omission to give notice of a meeting to or the non-receipt of a notice in writing by any person entitled to receive notice shall not invalidate the proceedings at the meeting.
14.3 The Right to vote at any Annual General Meeting shall be limited to the Chairman, Directors, Patron, Life Members and ONE representative of each Member Body (subject to Rule 14.14 hereof). No person except the Chairman as provided in Rule 14.4 hereof shall have more than one vote, except that a representative shall be permitted to have one proxy only provided that the authority for such proxy vote shall be in writing to the Chief Executive. Should a Member Bodies representative be elected to the Executive he or she shall automatically retain the proxy vote of his or her Member Body. Member Bodies failing to send a delegate to the Annual General Meeting shall be levied Sixty Dollars ($60.00). The levy paid for proxy votes shall be Thirty Dollars ($30.00). This sum to be paid to the Member Body carrying the proxy vote.
14.4 Each NZDC Member Darts Body may be represented by not more than TWO [2] Representatives at a NZDC General Meeting, but shall have ONE vote as prescribed in 14.3
14.5 The business of NZDC General Meetings shall be to receive and consider the Statement of Income and Expenditure and the Balance Sheet, the reports submitted by the Executive and the Auditors, and any matters incidental thereto; to elect by ballot the Officers of the NZDC Executive; to elect Life Members of the NZDC; to determine the Annual Subscriptions and Fees;
14.6 Remits from NZDC Member Darts Bodies, and such other business shall be transacted as the NDZC Executive, or Member Darts Bodies shall place before the Meeting.
14.7 The Statement of Income and Expenditure and the Balance Sheet shall be circulated to all NZDC Member Darts Bodies prior to the NZDC General Meeting.
14.8 The business of NZDC General Meetings shall be concluded in one day.
14.9 Every question submitted to a NZDC General Meeting, except the election of Officers, which shall be by ballot, shall be decided by a show of Voting Cards, and the declaration of the Chairman, who shall have a 'deliberative' vote in this respect, which shall be conclusive provided that in the case of equality of votes the Chairman shall then have a 'casting' vote.
14.10 Notice of Remits by any NZDC Member Darts Body to be transacted at any NZDC General Meeting, shall be given in writing to the Chief Executive of the NZDC '90' days before such meetings, whereupon the Chief Executive shall notify all NZDC Member Darts Bodies at least '60' days before such meetings.
14.11 Life Membership. The Chief Executive of the Council must receive Nominations for Life Membership by 1 November in each year to be considered by the Executive who may or may not make a recommendation to the following Annual General Meeting in accordance with the merits of the nominations received. To be elected as a Life Member the nominee must poll not less than Two Thirds of the available vote.
14.12 Honorary members of the Council may be elected at any Annual General Meeting for the ensuing year provided however that the nomination or nominations have been circulated with the remits.
14.13 A Member Darts Body must be in good financial standing with the NZDC before Remits can be accepted for inclusion in an Agenda for a NZDC General Meeting.
14.14 Any Member Darts Body whose Annual Subscription, or Fees, are in arrears shall not be entitled to vote in any NZDC General Meeting.
14.15 All Members Reports to NZDC General Meetings, shall be submitted in writing with sufficient copies made available for all Member Darts Bodies represented at the NZDC General Meeting.
14.16 Observers, including Press representatives, shall be allowed access to NZDC General Meetings, subject to the prior approval of the NZDC Executive.Their presence will be acknowledged, and the Chairman of the NZDC General Meeting will introduce each person, to the Representatives.
14.17 THE CHAIRMAN of the Council shall be entitled to take the chair at every Annual General Meeting or if there be no such Chairman or if at any time he shall not be present within fifteen minutes after the time for holding the meeting, a Director and failing all Directors, the representatives present shall choose one of their number to be Chairman.
14.18 THE CHAIRMAN of an Annual General Meeting may with the consent of the meeting, adjourn the same from time to time and from place to place but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
14.19 The Minutes of NZDC General Meetings shall be circulated by the Chief Executive within ONE month of the date of the respective NZDC General Meeting.
15 ANNUAL REPORT
The NZDC Executive shall produce an Annual Report to be presented by the NZDC Chairman at each NZDC General Meeting, based on the working of the NZDC during the year between such Meetings.
16. QUORUM
At NZDC General Meetings, one quarter {25%} of the Member Darts Bodies in good financial standing shall form a Quorum.
17. EXECUTIVE MEETINGS
The Executive shall meet at least four times during the year. Special meetings of Executive may be called by the Chairman if deemed necessary.
17.1 Every question at a meeting of the Executive shall be decided by a show of hands and the declaration of the Chairman who shall have a deliberative vote in this regard shall be conclusive provided that in the case of equality of votes the Chairman shall have a casting vote. Any member of the Executive may claim that a ballot be taken on any question submitted to the meeting.
17.2 Any member who without being excused by the Executive absents himself from two (2) Executive meetings shall cease to be a member of the said Executive.
17.3 THE Executive may suspend a representative from meetings of the Executive:
a) Upon being satisfied that such representative has been convicted of any offence which, in the opinion of the Executive, is prejudicial to the interests of the Council.
b) Upon being satisfied that such representative has committed a breach of these Rules or any bylaws of the Society
A QUORUM shall consist of four (4) members of the Executive
18. MANAGEMENT
18.1 The NZDC Executive shall be the supreme organ of the Council in the periods between NZDC Meetings.
18.2 The NZDC Executive shall have the full responsibility for the day-to-day management of the Council and shall have the power to make all decisions necessary to preserve or enhance the well being of the Council.
18.3 The Executive shall be empowered to obtain membership of any International Sports Bodies that will provide recognition/support to the promotion of the Sport of Darts.
18.4 Any decisions should normally be made in accordance with the NZDC’s current Constitution, Statutes, and By-Laws.
18.5 The NZDC Executive shall however, in unforeseen circumstances, or in cases of necessity, be empowered to make any decision it deems necessary to safeguard the interests or well being of the Council.
18.6 Should any such decision contravene the current NZDC Constitution, Statutes, or By-Laws, then full information concerning the circumstances, and decisions reached, shall be circulated to all NZDC Member Bodies within one calendar month."
18.7 Any decision made by the Executive which amends or alters in any way, Statutes, or By-Laws, must be ratified at the following Annual General Meeting by at least two thirds majority of delegates present or it shall be deemed null and void.
19. MINUTES
The Executive shall cause minutes to be duly entered in the books provided for the purpose of:
19.1 All appointments of permanent officers or servants and the terms of their employment.
19.2 All the names of the members of the Executive present at each meeting of the committee.
19.3 All resolutions and proceedings of the General Meetings and meetings of the Executive.
19.4 Any such minutes of any meeting of the Executive and of the Council purporting to be signed by the Chairman of such meeting or by the Chairman of the next succeeding meeting shall be prima facie evidence of the matters set out in such minutes.
19.5 Any alteration to playing or qualifying rules made at Executive meetings other than the Annual General Meeting shall be circulated in writing to all affiliated Member Darts Bodies within 21 days of the closing of such meeting.
20. SPECIAL GENERAL MEETING
THE Executive shall, on the requisition of not less than five (5) Member Darts Bodies, convene Special General Meeting:
THE requisition must state the object of the meeting and must be signed by the requisitionists and deposited at the registered office of the Council and may consist of several documents in like form each signed by one or more of the requisitionists. The requisitionists must be Member Dart Bodies whose subscription to the Council is not in arrears at the date of the requisition.
THE Executive may on its own resolution duly recorded in the minutes thereof convene a Special General Meeting.
TWENTY ONE (21) days notice in writing of such Special General Meeting shall be given each officer of the Council and each Member Body and such notice in addition to specifying the time and place shall also state the business to be transacted at such meeting.
THE provisions relating to Annual General Meetings as contained in Rules 16 and 14.1 to 14.20 inclusive, hereof shall apply to any Special General Meetings and these Rules shall be read and construed accordingly.
21. DISPUTES
EVERY dispute between the Council and an Officer thereof or any Member Body shall be decided by arbitration. Each party to the dispute shall appoint an arbitrator and the arbitrators so appointed shall agree upon an umpire providing that such arbitrators and umpires are registered members of the Council whose decision shall be final. The provisions as to arbitration shall be subject, however, to the right of the Executive from time to time to issue directions for the settlement of particular disputes likely to arise within the Council and such directions shall, where in force and applicable, govern the settlement of such disputes.
ANY Member Body officer or duly appointed official of the Council may lodge against any member a complaint of misconduct PROVIDED such complaint is notified to the Chief Executive of the Council in writing within 14 days of the misconduct occurring.
In all such cases the NZDC By-Laws and Code of Practice on Disciplinary Proceedings - will be followed.
23. COMMON SEAL
THE society shall have a Common Seal having the words "The Common Seal of 'THE NEW ZEALAND DARTS COUNCIL INCORPORATED' " on the face thereof, which shall be kept in the custody of the Chief Executive.
THE Common Seal shall not be affixed to any instrument except by the authority of a resolution of the Executive or the Annual General Meeting. The affixing of the Common Seal shall be made in the presence of either the Chairman of the Executive Board or the Chief Executive who shall respectively attest in writing to the affixing of the Seal.
24. INDEMNITY
Every member of the Executive, or other Officer, or servant of the NZDC shall be indemnified by the NZDC against all costs, loss and expense which any member of the Executive, or other Officer, or servant may incur, or become liable for by reason of any contract entered into, or Act, or thing done by him as a member of the Executive, or other Officer, or servant, or in any way in the discharge of his duties including travelling expenses, providing that such actions are done in the pursuance of the objectives, or interests of the NZDC and come within the express, or implied authority of the person so acting.
25. BY-LAWS
The NZDC may make, repeal, and amend By-Laws as it may from time to time consider necessary for the internal management of the NZDC.
The making, rescission, and amendment of By-Laws shall be effected at a NZDC General Meeting, upon a resolution being passed by a majority of the Member Darts Bodies eligible to vote at such Meetings.
The NZDC Playing Rules for the Sport of Darts are separate from the NZDC By-Laws.
26. PROPERTY
ALL property, belonging to or acquired by or for the Council, whether real or personal, shall be vested in the name of the Council. The Executive shall control such property. A direction in writing of the Executive duly issued at a regularly constituted meeting of the Executive and being signed by the Chairman of such meeting and attested by the Chief Executive relating to the property of the Society shall be binding upon the Executive and shall validate anything done by them in pursuance of such direction. Except when otherwise expressly provided by these Rules, membership of the Council shall not be deemed to confer upon any Member Body, any right, title, or interest either legally or equitable in the property of the Council.
27. WINDING UP
IN the event of the Council being dissolved any surplus monies after the payment of all liabilities and liquidation costs and expenses shall be returned to such Associations whose subscriptions are duly paid in full at the date of the resolution for such dissolution and in such proportion as the total amount of subscriptions and contributions paid to the Council by such an Association from the date of its affiliation with the Council to the date of the resolution to dissolve bears to the aggregate total of all subscriptions and contributions to the council made by Associations eligible for participation in the above distribution.