HAWKES BAY POVERTY BAY SWIMMING
RULES
RULE 1: NAME
The name shall be Hawkes Bay Poverty Bay Swimming
RULE 2: OBJECTS
The objects of the Centre shall be: -
(a)To promote and encourage a knowledge of the sport of swimming and life saving, the game of water polo, synchronised swimming and the sport of diving
(b)To promote and hold competitions and demonstrations in order to further the above objects
(c)To buy, lease, hire or otherwise acquire any real property whether freehold or leasehold or any personal property and to sell let, lease, mortgage, charge, exchange or in any other manner deal with such property, with or without consideration of rental, upon such terms and conditions as the Centre's Management Committee shall from time to time decide
(d)To construct, maintain and improve any building or buildings which the Management Committee may from time to time decide to be necessary, convenient or desirable for the work of the Centre or the achievements of its objects
(e)To undertake, carry out, sponsor, promote and assist such plans or schemes as the Management Committee may from time to time deem to be of benefit to the Centre and to sponsor promote and assist and co-operate with other centres, clubs or Bodies whether incorporated or not in pursuance with the objects of the Centre
(f)To invest any money belonging to the Centre in such manner, and upon such security as the Management Committee may from time to time decide and to vary or transpose such investments
(g)To subscribe to, make donations to, acquire shares in, become a member of, amalgamate with or become part of any other Centre, Association, Club, Society or Organisation whether incorporated or not, whose objects are altogether or in part the same as or similar to those of the centre in the furtherance of the above named objects
(h)To borrow money either with or without security to be applied to the attainment of the foregoing objects
(i)To contribute to, give to, assist or support any hospital, charitable, social sporting or benevolent Society, Institution, Board, Club, Centre or Association
(j)To remunerate any person, firm or company, society or body corporate, for services rendered to the Centre.
(k)To indemnify all members the Management Committee and all agents of the Centre against all claims and demands made on them or arising from acts done by them in good faith on behalf of the Centre or in the furtherance of the objects of the Centre
(l)To co-operate with other Centres, Associations, Clubs and Bodies Corporate in New Zealand or elsewhere for the purposes of attaining any of the foregoing objects
(m)To do all other acts and things incidental to or conductive of the attainment or furtherance of the aforesaid objects.
(n)To carry out all things within the Rules and laws of the NZSF and those rules as may in the opinion of the Centre be calculated to forward the Centres objects.
RULE 3: INTERPRETATION
(1)These rules and any regulations made hereunder shall be read together with and form part of the rules and laws of the NZSF
(2)These Rules and any Regulations made there under, unless repugnant to the context:-
(a)The singular shall import the plural
(b)The male shall import the female
(c)'Club' shall mean a bona fide swimming club. A bona fide swimming club to be recognised as such by the Federation must number not less than twenty members liable under the rules of the club for the payment of the regular subscription, such members to be amateurs as defined by Laws of the NZSF, and must have a published rule to that effect.
(d)'Member' of a club shall mean a financial declared member, one who is liable under the rules of the club for the payment of the regular club subscription
(e)'Honorary Member' of a club shall mean one coming within the definition set out in the Laws of the NZSF.
(f)'Member's of the Centre shall mean any delegate duly appointed by a Club to the Centre under Rule 16 hereof, or any officer who under the rules or Regulations of the Centre is an exofficio member of the same.
(g)'Federation' shall mean the New Zealand Swimming Federation
(h)'NZSF' shall mean the New Zealand Swimming Federation (Incorporated)
(i)'Council' shall mean the Council of the NZSF as constituted by the Rules and Laws of the NZSF.
(j)'Delegate' shall mean a representative of a club on the Centre duly appointed in accordance with Rule 15 hereof.
(k)'Inter-club carnival' shall mean a swimming carnival or competition at which members of clubs in addition to members of the promoting club may compete, or any carnival or competition organised by the centre, or by any person or body under Centre permit at which members of more than one club competes
(l)'Centre' shall mean Hawkes Bay Poverty Bay Swimming
(m)'Rules' of the Centre shall include any Regulations made thereunder.
(n)'Rules' of the Federation shall include the Laws of the Federation
RULE 4: BOUNDARIES
The boundaries of the Centre shall be those laid down from time to time by the NZSF
RULE 5: HEADQUARTERS
The headquarters of the Centre shall be at Napier or at such other place as shall be determined by a vote of the clubs affiliated through the Centre, provided always that the headquarters of the Centre shall be the headquarters of a club
RULE 6: COLOURS
The colours of the Centre shall be Black White and Red
RULE 7: CONSTITUTION
(1)The Centre shall consist of such recognised bona fide swimming clubs within the Centres district as are now affiliated with the Federation and such clubs as may from time to time be affiliated in the manner provided in the Laws of the Federation and that have signified their consent to be governed by the Rules and Laws of the Federation and the Rules and laws of this Centre, but no club shall have the to take part in the management of the affairs of the Centre except by delegates as hereinafter provided.
(2)The Centre shall have over clubs, members, officials and others within its district power of suspension or cancellation of appointment similar to the powers of the Council.
(3)Subject to the provision of Rule 40 hereof clubs shall have over their own members and officers powers of suspension or cancellation of appointment similar to the powers or the Centre
(4)The Centre may delegate administration and control of swimming to Sub Centres
aA Sub Centre (known as Eastland Swim) and consisting of at least one representative from each affiliated club in the Gisborne / Wairoa area
and
A Sub Centre (known as Swim Hawkes Bay) and consisting of at least one representative from each affiliated club in the Napier / Hastings / Central Hawkes Bay areas.
bEach Sub Centre will elect its own Chairperson and Administrator (Secretary / Treasurer)
cEach Sub Centre will organise swimming in its own area, subject only to directives from the Centre where any decision by a Sub Centre conflicts with a decision made by the Centre.
dEach Sub Centre will be responsible for all aspects of publicity and promotion within their respective areas
RULE 8: AFFILIATION
(1)A club wishing to join the Federation shall apply in writing to the Secretary of the Centre. The application must be accompanied by a copy of the club's rules and a statement of the number of its members, together with such information as the Centre may require or as may be called for by the Council.
(2)The Centre shall forward the application together with such recommendation as it may deem proper, to the Council, which alone shall decide whether the affiliation shall be granted.
(3)The affiliation of the club shall operate as an agreement binding such club and the members thereof to abide by the Rules and Laws of the association and of the Centre and to accept and enforce all their lawful decisions. Any breach of this agreement shall render such club liable to suspension either by the Council or the Centre or to expulsion by the Council
RULE 9: CLUB COLOURS
All clubs shall register their club colours with the Centre and a register of such colours shall be kept by the Secretary.
RULE 10: FEES
(1)Each club shall pay to the Centre such affiliation fee as shall be approved from time to time by the a General Meeting of the Centre, and in addition thereto shall pay to the Centre for transmission to Council, an affiliation fee as set out in the Rules of the NZSF
(2)Club members must be registered and affiliated before they can enter in any competition sanctioned by the NZSF or HBPB Centre. A person will be considered registered when the Centre Registrar has received that persons name and appropriate fee.
(3)Any club which shall have failed to pay its subscription by due date, shall be excluded from representation on the Centre during such period as the default shall continue, provided that the Centre may, by special resolution, assented to by three fifths of the delegates present at the meeting at which the matter is considered, grant an extension of time to such Club, or an exemption from the payment of Centre fees if the circumstances, in its opinion warrant such a course; and the Centre may further make to the Council such recommendation as it may deem fit regarding any sum due by such Club to the Council. Exclusion from representation on the Centre shall have the effect of suspension on the Club and the members thereof.
(4)Affiliation fees to the HBPB Centre will be set at the Annual General Meeting to take effect from the 1st April following. These fees will be in addition to any fees set by the NZSF
(5)Swimmers belonging to the “United Swim Team” will not have to pay any levies as they will already have paid a levy through their parent club.
(6)Levies to NZSF for swimmers belonging to “United Swim Team” will be paid to NZSF as “United Swim Team” and not their parent club as a swimmer will only have to pay one levy per season to NZSF regardless of how many clubs they belong to.
The “United Swim Team” will confirm to the Centre registrar who these swimmer will be by due date as agreed by the Centre Management and the “United Swim Team” each season
The levy to the Centre for “United Swim Team” swimmers will continue to be paid to the Centre by the “Parent Club” and not the “United Swim Team” as a swimmer only has to pay one levy per season to the Centre regardless of how many clubs they belong to.
RULE 11: ARREARS OF FEES
(1)Any member of an affiliated club who is in arrears with the payment of any subscription or other money owing by him to such club or to any other club, Sub Centre or other swimming Authority shall be posted to the Centre as a defaulter and thereupon he shall not be permitted to swim in any race under the control of the Centre or any club affiliated through the Centre until such monies are paid
(2)The declaration by the Centre that a person is a defaulter shall have all the effects of suspension upon the said person
(3)The Honorary Treasurer of each club shall furnish to the Secretary of the Centre in time for presentation at the annual meeting of the Centre a list of such defaulting members at that date together with the sums due by each of them respectively and may at any time subsequently furnish the Secretary of the Centre with additional names of defaulters together with the amounts due by each of them.
(4)Any person posted to the Centre as a defaulter shall pay the amount due, plus the surcharge as herein after provided into the hands of the Treasurer of the Centre, or in the manner provided in Clause 5 Rule 11 hereof before he may be reinstated, but, unless the Centre has specifically determined otherwise in a particular case or cases, reinstatement shall follow immediately and automatically upon the due discharge of the debt. Where the Centre has specifically determined otherwise in a particular case or cases reinstatement shall be subject to such conditions as the centre shall determine.
(5)In the case of a club situated more than five miles from the headquarters of the Centre payment made to the Honorary Treasurer of the Club and by him notified to the Secretary of the Centre shall be deemed sufficient.
(6)In every instance the amount due by any defaulter and outstanding for 14 days after being demanded shall be subject to a surcharge of 25 per cent which shall become the property of the Centre.
RULE 12 : ANNUAL RETURNS
Each club shall, prior to the Annual Meeting of the Centre, forward to the Secretary of the Centre: -
(a)A copy of the club's annual report and a duly audited balance sheet.
(b)All affiliation fees and forms as required by rule 10 hereof.
(c)The name and address of the delegate(s) who will represent the Club on the Centre during the ensuing year.
(d)The Annual Balance date of each financial year of the Centre shall be 31 March.
No club that has failed to comply with this provision may be represented at the annual meeting of the Centre and such club shall be excluded from representation while such default continues. Exclusion from representation on the Centre shall have the effect of suspension on the club and the members thereof, and in such cases the provision of the Laws of the NZSF apply.
RULE 13: RESIGNATION AND STRIKING OFF
(1)Any Club or Federation may resign from the centre by giving written notice of such intention to the Secretary of the Centre, but such Club or Association shall continue liable for all affiliation fees and other monies due or accruing due to the Centre or Association and unpaid at the date of such resignation.
(2)Any Club or Association may by resolution passed at a special meeting of the Centre be struck off the roll in cases where such Club or Association:-
(a)has ceased to be financial.
(b)has committed a breach of the rules of the Centre or Association or permitted or condoned any breach thereof by any of it's members.
(c)has ceased to exist.
(d)has by alteration of boundaries ceased to be within the Centre's territory.
(3)The provisions of Rule 39 hereof shall apply in all cases of striking off under Clause (a) and (b) of the last preceding section.
(4)In the event of the dissolution of a club or a club through any other cause ceasing to exist the funds and property thereof after the discharge of all liabilities shall in the absence of a specific rule to the contrary in the rules of such club be handed to the Centre to be disposed of as the Centre shall determine. In no event shall the surplus assets of a club be divided among the members thereof nor shall the members of the club have any beneficial interest therein.
RULE 14: TRANSFERS
(1)No swimmer whose name appears on the membership list as a member of a club shall represent any other club during the season then current unless a transfer of the said member from that club to the other club has been granted by the Centre. The appearance of the name of any swimmer on the membership list of a club submitted by the Secretary of the club to the Centre in the number laid down in rule 12 hereof shall be accepted by the Centre as prima facie evidence that the said name is properly included in such list.
(2)Application for a transfer shall be made by the swimmer concerned to the Centre in writing and the Centre shall have discretion to grant or refuse such transfer.
(3)In no case shall a transfer be granted by the Centre unless evidence satisfactory to the Centre is produced that the Laws of the NZSF has been complied with.
(4)Each application for a transfer shall be accompanied by a fee of $5.00 which shall remain the property of the Centre except in the case of swimmers transferring to and from the “United Swim Team” where in that instance the Fee would be waived
(5)Notice of the receipt of an application for a transfer shall be forwarded by the Secretary of the centre to the Club which the swimmer proposes to leave and to the Club which the swimmer proposes to join, and both clubs shall be entitled to make such representations to the Centre as they shall deem fit, but neither Club shall be entitled to vote on the application.
(6)"The Season then Current" for the purpose of this rule shall mean from the 1st day of April in one year to the 31st day of March in the following year.
(7) Temporary transfers may be granted to former swimmers of the Centre wishing to return for periods not exceeding 12 weeks and compete in Centre Championships provided that they
i) have been a member of a HBPB Swimming club for at least 1 financial year
ii) are currently registered with another Region
HBPB Swimming affiliation (not SNZ) fees only will be payable.
All other applicants must comply with Rule 36 (6).
RULE 15: REPRESENTATION
(1)Each club or other body affiliated with the Federation through the Centre shall be entitled to representation on the Centre as follows:-
(a)One delegate for each complete 50 members with the exception for any number up to the first 50 who shall be entitled to a vote with a maximum of three delegates from any one Club. Membership to be taken on each year's return of clubs which shall remain for that season.