Rules - Nelson Whakatū Menzshed

25 July  2018

1.     All members must read and sign the Health and Safety policy prior to working in the workshop and have a duty of care to fellow members and visitors.

2.     There must be a minimum of two members on site at all times during hours of operation.

3.     Each member must sign in when arriving and sign out when leaving the building.

4.     Name badges must be worn in the building.

5.     Safety clothing (ear muffs, eye protection, enclosed footwear etc.) must be worn or used in the workshop when operating machinery at all times.

6.     Machinery or equipment must not be operated unless the member is trained and competent on that particular piece of equipment.

7.     Any damage or accident must be reported to the Supervisor/Duty Safety Officer immediately and recorded in the incident register.

8.     Smoking and alcohol are prohibited in the building. Any person believed to be under the influence of alcohol or drugs of any kind that is deemed to make them unsafe will be asked to leave immediately.

9.     Any machinery must only be operated between the hours of 9:00am and 5:00pm within the prescribed facilities or area.

10.  Security is your responsibility, the last person leaving must ensure that the building is vacated and securely locked.

11.  Personal materials or items left on the premises are the members’ sole responsibility.

12.  All welding and hot work must cease and be cooled down 30 minutes prior to the building being vacated and locked.

13.  Members must have dues up to date to use any equipment and the facilities.

14.  Members are not to work on projects for personal commercial gain.

15.  Each area of use must be swept and cleaned after use by each operator.

16.  All hand tools must be placed in designated spots after use and left in clean, tidy and useable condition.

17.  Members wishing to work on personal projects with a footprint larger than 3 square meters must book space with the Workshop Coordinator prior to commencement.

18.   The Supervisor/Duty Safety Officer has the the power of veto on any activities within shed premises or shed activities without any debate.

Nelson Whakatu MenzShed Incorporated Rules

 Pursuant to the Incorporated Societies Act 1908

 1 Name

1.1       The name of the Society is Nelson Whakatu Menzshed Incorporated (hereinafter referred to as Nelson Whakatu Menzshed).
1.2       Nelson Whakatu Menzshed is constituted by resolution dated  (insert date here)

 2     Registered Office

2.1       The Registered Office of Nelson Whakatu Menzshed will be in such place in New Zealand as the Committee may from time to time determine.

3        Purposes of Nelson Whakatu Menzshed

3.1       The purpose of Nelson Whakatu Menzshed is to provide an environment for mainly older men in the Nelson City suburbs to pursue their personal growth and develop a greater understanding of their role in their community and their family.

In particular Nelson Whakatu Menzshed aims to be beneficial to the community by:

(a)     providing premises in the Nelson City or suburbs area for men to have access to workshop facilities that enables them to share their knowledge, experiences and skills and work in harmony on projects for the benefit of the community or for their own personal benefit;

(b)     promoting the benefits of men’s personal growth as affecting the community and family;

(c)     facilitating the understanding of men’s issues by the community;

(d)     providing educational activities and other programmes and projects consistent with the aims of Nelson Whakatu Menzshed;

(e)     liaising with other organisations to further the aims of Nelson Whakatu Menzshed and benefits to the community;

(f)      providing other support and assistance as may be consistent with the charitable purpose of Nelson Whakatu Menzshed.

(g)     Men and their families are eligible to join.

3.2       All of the activities of Nelson Whakatu Menzshed shall be carried out within New Zealand and none of its funds shall be applied for purposes outside of New Zealand.

3.3     Pecuniary gain, individually or collectively, is not a purpose of Nelson Whakatu Menzshed. 

Management of Nelson Whakatu Menzshed

4        Management Committee

4.1     Nelson Whakatu Menzshed shall have a management committee (“the Committee) comprising the following persons:

(a)   the Chairperson;

(b)   the Secretary;

(c)   the Treasurer;

(d)   at least TWO other Members.

4.2     Only an Ordinary Member may be a Committee Member.

5        Appointment of Committee Members.

5.1     At the Nelson Whakatu Menzshed AGM, the Members may decide by majority vote:

(a)   how many members will be on the Committee;

(b)   who shall have the roles of Chairperson, Secretary, and Treasurer;

(c)   whether any Committee Member may have more than one role;

(d)   how long each person may serve as a Committee Member (“the Term”).

6        Cessation of Committee Membership

6.1     A person ceases to be Committee Member when ‑

(a)   that person resigns by giving written notice to the Committee; or

(b)   that person is removed by a two-thirds majority vote at a Nelson Whakatu Menzshed meeting

6.2     When a person ceases to be a Committee Member, that person must within one month give to the Committee all of the Nelson Whakatu Menzshed documents and property that is in that person’s possession.

7        Nomination of Committee Members

7.1     Nominations for members of the Committee must be called for at least 14 days before an Annual General Meeting.  Each candidate must be proposed and seconded in writing by any two Members and the completed nomination delivered to the Secretary. All retiring members of the Committee remain eligible for re-election.

7.2       If the position of a Committee Member becomes vacant between Nelson Whakatu Menzshed Meetings, the Committee may appoint another Member to fill that vacancy until the next Annual General Meeting.

7.3       If a Committee Member is absent from three consecutive committee meetings without leave of absence, the Chairperson may declare that person’s position to be vacant.

8        Role of the Committee

8.1        The role of the Nelson Whakatu Menzshed is to:

(a)     administer, manage and control the activities of Nelson Whakatu Menzshed;

(b)     carry out the purposes of Nelson Whakatu Menzshed, and use money or other assets to do that;

(c)     manage the bank accounts of Nelson Whakatu Menzshed;

(d)     ensure that all Members follow the Rules;

(e)     use the discretion given to it in clauses 11 and 13 in relation to who may become or cease to be a Member;

(f)      decide the times and dates for Meetings, and set the agenda for Meetings;

(g)     decide the procedures for dealing with complaints;

(h)     recommend for adoption at a Nelson Whakatu Menzshed Meeting, the amount of the joining fees, subscriptions, and levies payable by Members;

(i)      collect the Membership fees, including subscriptions and levies as determined by Nelson Whakatu Menzshed;

(j)      make rules for the safety of members whilst at any premises under the control of Nelson Whakatu Menzshed.

8.2        The Committee has all the powers of Nelson Whakatu Menzshed, unless the Committee’s power is limited by these Rules or by a majority decision of Nelson Whakatu Menzshed.

8.3        Decisions of the Committee bind Nelson Whakatu Menzshed, unless the Committee’s power is limited by these Rules or by a majority decision of  Nelson Whakatu Menzshed.

9     Roles of Committee Members

9.1     The Chairperson's role is to:

(a)   ensure that the Rules are followed;

(b)   convene Meetings;

(c)   Chair Meetings, deciding who may speak and when;

(d)   oversee the operation of Nelson Whakatu Menzshed;

(e)   give a report on the operation of Nelson Whakatu Menzshed at each Annual General Meeting;

(f)    advise the Registrar of Incorporated Societies of any alteration to the Rules;

9.2       The Secretary’s role is to:

(a)   record the minutes of Meetings;

(b)   keep The Register of Members;

(c)   hold the records, documents and books of Nelson Whakatu Menzshed;

(d)   receive and reply to correspondence as required by the Committee;

(e)   retain the common seal of Nelson Whakatu Menzshed if Nelson Whakatu Menzshed has a common seal.

9.3       The Treasurer’s role is to:

(a)     collect and receive all payments made to Nelson Whakatu Menzshed.  These payments must be banked within seven days after the Treasurer receives them.

(b)     Oversee collection of membership subscriptions and maintain a current membership list

(c)     keep a true and accurate record of the bank account for Nelson Whakatu Menzshed so that the financial situation of Nelson Whakatu Menzshed can be clearly understood at any point in time;

(d)     give a financial report and statement of accounts (including an Income and Expenditure Account and Balance Sheet) at each Annual General Meeting, and more often if so required by either the Committee or a majority of Members at a Meeting ;

(e)     file the annual financial statements for Nelson Whakatu Menzshed with the Registrar of Incorporated Societies after approval of the financial statements by the Members at an Annual General Meeting;

(f)      file the annual return and financial statements for Nelson Whakatu Menzshed to the Registrar of the Charities Commission after approval of the financial statements by the Members at an Annual General Meeting.

      9.4    Common Seal

(a)     The Committee shall provide a common seal for the society and may from time to time replace it with a new one.

(b)     The Secretary shall have custody of the common seal, which shall only be used by the authority of the Committee. Every document to which the common seal is affixed shall be signed by the chairperson and countersigned by the Secretary or a member of the Committee. 

Nelson Whakatu Menzshed Membership

10    Types of Members

10.1   A Member means a person whose subscription is current as required by clause 11.1(d),

10.2   Members have the rights and responsibilities set out in these Rules.

10.3   From time to time the Committee may appoint a person as an honorary member. An Honorary Member is a person who is acknowledged by the Committee as providing or having provided important services to Nelson Whakatu Menzshed. An Honorary Member has none of the rights or privileges of a Member.

11    Admission of Members

11.1   To become an Ordinary Member, a person (“the Applicant”) must ‑

(a)   complete an application form, and

(b)   sign a copy of the Shed Rules; and

(c)   supply any other information that the Committee may require; and

(d)   pay any membership fee or levy as determined by Nelson Whakatu Menzshed.

11.2   The Committee may interview an Applicant when the Committee considers an application for membership.

11.3   The Committee shall have the complete discretion when it decides whether or not to allow an applicant to become an Ordinary Member.  The Committee shall advise the Applicant of its decision, and that decision shall be final.

12    The Register of Members

12.1   The Treasurer must keep a register of Members (“the Register”), which must contain the names, the addresses, telephone numbers, and email addresses of all Members, and the dates at which they became Members.

12.2   If a Member’s address, telephone number, or email address changes, that Member must give the new address, telephone number, or email address to the Treasurer.

12.3   Each Member must provide such other details, within reason, as the Committee may require.

13    Cessation of Membership

13.1   A Member may resign by giving written notice to the Secretary.

13.2   A Member’s Membership may be terminated in the following way:

(a)   If the Committee is of the view that a Member is breaching the Rules or the Shed Rules, or is acting in a manner inconsistent with the purposes of Nelson Whakatu Menzshed, or is bringing Nelson Whakatu Menzshed into disrepute, the Committee will invite the member to attend a committee meeting to discuss the issue. If a resolution is achieved the matter will not be taken further. In a case of non resolution the committee will give written notice of this to the Member (“the Committee’s Notice”).  The Committee’s Notice must:

·         explain how the Member is breaching the Rules or acting in a manner inconsistent with the purposes of Nelson Whakatu Menzshed or is bringing Nelson Whakatu Menzshed into disrepute; and

·         state what the Member must do in order to remedy the situation; and

·         state that the Member must write to the Committee giving reasons why the Committee should not terminate the Member’s Membership; and

·         state that if, within 14 days of the Member receiving the Committee’s Notice, the Committee is not satisfied, the Committee may in its absolute discretion immediately terminate the Member’s Membership; and

·         state that if the Committee terminates the Member’s Membership, the Member may appeal to a mediator agreed to by both parties.

 (b)  Within 14 days of the Member receiving the Committee’s Notice, the Committee may in its absolute discretion by majority vote terminate the Member’s Membership by giving the Member written notice (“Termination Notice”), which takes immediate effect. 

(c)   When the Member is heard at a Nelson Whakatu Menzshed Meeting referred to in paragraph 13.2(a), the Members at the meeting may question the Member and the Committee Members.

(d)   The Members at the Meeting referred to in paragraph 13.2(a) shall then by majority vote decide whether to let the termination stand, or whether to reinstate the Member.  The decision of the Members at the Meeting will be final.

14    Re-admission of former Members

14.1   Any former Member who has resigned may apply for re-admission in the same way as a new applicant, but if the former Member’s membership was terminated under clause 13.2, the Applicant may not be readmitted without the approval of the Committee by majority vote.


15    Obligations of Members:

15.1   All Members (and Committee Members) should promote the purposes of  Nelson Whakatu Menzshed and must not do anything to bring Nelson Whakatu Menzshed into disrepute.

15.2   Each person who is on a site that is under the control of Nelson Whakatu Menzshed (members and non-members) must adhere to the Shed Rules.

Money and Other Assets of Nelson Whakatu Menzshed

16    Use of Money and Other Assets

16.1   Nelson Whakatu Menzshed may only use money and other assets if the use ‑

(a)   is for a purpose of Nelson Whakatu Menzshed and

(b)   is not for the sole personal or individual benefit of any Member; excluding reimbursements incurred by individual members and

(c)   has been approved by either the Committee or by majority vote at a Nelson Whakatu Menzshed Meeting.

(d)   Tools may be borrowed after consultation with a committee member. All loans must be recorded on the whiteboard in the committee room and members will make good any damage done to tools while they are out on loan.

17    Joining Fees, Subscriptions and Levies

17.1   Nelson Whakatu Menzshed may decide by majority vote at a Nelson Whakatu Menzshed Meeting ‑

(a)   the amount of the annual subscription (“Subscription”) which is payable in order to become a Member; and

(b)   the amount of any special levy (“Levy”) that may be set to cover additional costs that may arise.

17.2   If a Member does not pay a Subscription or Levy by the date set by the Committee or by Nelson Whakatu Menzshed, that Member shall have a further period of seven days to pay the Subscription or Levy.  If the Member’s Subscription or Levy remains unpaid after the seven day period, the Member’s membership shall, subject to the Committee’s discretion and without being released from the obligation of payment, be suspended until all arrears are paid in full and during any such period of suspension, the Member shall have no membership.  However, no member will be excluded due to financial hardship, and such cases may be referred to the committee for consideration or waiver of subscriptions.  

18    Additional Powers

18.1   Nelson Whakatu Menzshed may:

(a)   employ people for the purposes of Nelson Whakatu Menzshed:

(b)   exercise any power a trustee might exercise:

(c)   invest in any investment that a trustee might invest in:

(d)   borrow money and provide security for that if the borrowing is authorised by majority vote at a Nelson Whakatu Menzshed Meeting.

19    Financial Year

19.1   The financial year of Nelson Whakatu Menzshed begins on l July of every year and ends on 30 June of the next year.

19.2   The Nelson Whakatu Menzshed will not seek GST registration

19.3   As a non-profit organisation The Nelson Whakatu Menzshed will seek tax exemption from IRD

19.4   The Nelson Whakatu Menzshed will operate its own bank account and set up online banking facilities; all transactions to require authorisation by two members, of a selection, appointed by the committee

20    Financial Payments

20.1   Any payment made from Nelson Whakatu Menzshed funds for a sum of more than twenty dollars ($20.00) must be ‑

(a)   by means of a cheque or electronic payment; and

(b)   authorised by two (2) of the designated signatories, all of whom must be Committee Members.

21    Review of Financial Records

21.1   The annual accounts will be presented at the AGM. The membership, by majority vote, or the committee has the option to request that the annual account be reviewed or audited. Otherwise they will simply be presented.

21.2   The independent reviewer appointed under clause 21.1 must not be a Member of Nelson Whakatu Menzshed and must have appropriate qualifications or experience to competently carry out the review.

21.3   The reviewer’s report and the Financial Statements of Nelson Whakatu Menzshed must be presented at a Special General Meeting.

Conduct of Meetings

22    Nelson Whakatu Menzshed Meetings

22.1   A Nelson Whakatu Menzshed Meeting may be either an Annual General Meeting or a Special General Meeting. For an AGM or SGM:

·         14 days notice of the meeting will be given. This will be publicised at Shed meetings and by email. In exceptional circumstances the 14 day lead time may be reduced if 75% of members present at a normal shed opening day agree. All members will be notified of the potential change and reasons 7 days prior to the vote.

·         Only financial members able to vote

·         Nominations in writing for office bearers must be in the hands of the Steering Committee seven days before AGM.

·         Notification of any general business a member wished to raise must be submitted to the secretary in writing seven days before the meeting.

22.2   An Annual General Meeting must be held once every financial year between 1 July and 31 October.  The Committee must determine when and where the Annual General Meeting will be held within those dates.

22.3   A Special General Meeting may be called by the Committee.  The Committee must call a Special General Meeting if the Secretary receives a written request signed by at least a quarter of the financial Members.

22.4   The Secretary must forward to all Members prior to a Nelson Whakatu Menzshed Meeting ‑

(a)   an agenda showing the business to be conducted at the meeting:

(b)   a copy of the Annual Report and Statement of Accounts, if the meeting is an Annual General Meeting;

(c)   a list of nominees for the Committee, and information about those nominees (if it has been provided), if the meeting is an Annual General Meeting;

(d)   notices of any motions to be put to the meeting, and if appropriate the Committee’s recommendations about those motions.  If the Secretary has sent notices to all Members in good faith, the meeting and its business will not be invalidated simply because one or more Members have not received the notice.

22.5   Any financial member may attend and vote at a Nelson Whakatu Menzshed Meeting.

22.6   A quorum for a Nelson Whakatu Menzshed Meeting must be at least 10 financial Members.

22.7   Each Nelson Whakatu Menzshed Meeting must be chaired by the Chairperson.  If the Chairperson is absent, the Members at the Meeting may elect another Committee Member to chair the Meeting.  Any person chairing a Nelson Whakatu Menzshed Meeting has a casting vote.

22.8   On any given motion at a Nelson Whakatu Menzshed Meeting, the Chairperson shall in good faith determine whether the motion needs to be voted on, and whether the vote will be by voices, show of hands or secret ballot.

If any Member demands a secret ballot before a vote by voices or show of hands has begun, voting must be by secret ballot.  If a secret ballot is held, the Chairperson will have a casting vote if required.

22.9     The business of an Annual General Meeting shall consist of:

(a)     reading out the minutes of the previous Annual General Meeting;

(b)     the Chairperson’s report on the business of the Nelson Whakatu Menzshed;

(c)     the Treasurer’s report on the finances of Nelson Whakatu Menzshed, and the Statement of Accounts;

(d)     the independent reviewer’s or auditor’s report on the Financial affairs of Nelson Whakatu Menzshed  if one of these requirements is agreed to for that year;

(e)     election of Committee Members;

(f)      motions to be considered;

(g)     determination of the fees, subscriptions and levies recommended by the Committee;

(h)     general business.

22.10  The Chairperson may eject any member from a Nelson Whakatu Menzshed Meeting if that person’s behaviour is considered to be disruptive by the Chairperson.

23    Motions at Nelson Whakatu Menzshed Meetings

23.1   Any Member may request that a motion be voted on (“Member’s Motion”) at a particular Nelson Whakatu Menzshed Meeting by giving written notice and supporting information to the Secretary at least 14 days before that meeting.  The Member may also provide information in support of the motion (“Member’s Information”).  The Committee may in its absolute discretion decide whether or not Nelson Whakatu Menzshed will vote on the motion. 
However, if the Member’s Motion is signed by at least a quarter of all Members ‑

(a)   the Motion must be voted on at the Nelson Whakatu Menzshed Meeting chosen by the Member; and

(b)   the Secretary must forward the Member’s Information to all Members at least 7 days before the Nelson Whakatu Menzshed Meeting chosen by the Member; or

(c)   if the Secretary fails to do this, the Member has the right to raise the motion at the next Nelson Whakatu Menzshed Meeting.

23.2   The Committee may also decide to put forward motions for a Nelson Whakatu Menzshed Meeting to vote on (“Committee Motions”).

24    Committee Meetings

24.1   No Committee Meeting may be held unless at least half of the Committee Members attend.

24.2   The Chairperson will normally chair Committee Meetings, or in his absence the Committee may elect a Committee Member to chair that meeting.

24.3   Decisions of the Committee must be by majority vote.

24.4   The Chairperson or person acting as Chairperson has a casting vote.

24.5  Usually, only Committee Members present at a Committee Meeting may vote at that  Meeting,   however however if circumstances arise where a member is unavoidably absent, or a vote is requested by the committee of all members - present or not, then members not physically present may lodge a proxy vote.

24.6   Subject to these Rules, the Committee may regulate its own practices.

Signing of Documents

25    Signing of Documents

25.1   A document shall be executed on behalf of the Nelson Whakatu Menzshed if ‑

(a)   the common seal is attached to the document; and

(b)   the document is witnessed by any one of the Chairperson, Secretary, or Treasurer, and countersigned by one other member of the Committee.

Altering the Rules

26    Altering the Rules

26.1   Nelson Whakatu Menzshed may alter or replace these Rules at a Nelson Whakatu Menzshed Meeting by a resolution passed by a two-thirds majority of those Members present and voting.

26.2   Any proposed motion to amend or replace these Rules must be signed by at least 2 Members and given in writing to the Secretary at least 28 days before the Society Meeting at which the motion is to be considered, and accompanied by a written explanation of the reasons for the proposal.

26.3   At least 14 days before the Nelson Whakatu Menzshed Meeting at which any Rule change is to be considered, the Secretary must forward to all Members written notice of the proposed motion, the reasons for the proposal, and any recommendations the Committee has made.

26.4   When a rule change is approved by a Nelson Whakatu Menzshed Meeting, the Committee must file with the Registrar of Incorporated Societies advice of the Rule change in the required form. No Rule change shall take effect until this is done.


27    Liquidating Nelson Whakatu Menzshed

27.1   Subject to clauses 27.2, 27.3 and 27.4, Nelson Whakatu Menzshed may be liquidated by passing a resolution to that effect at a Nelson Whakatu Menzshed Meeting provided that a notice of motion has been given.

27.2   In the event that a motion has been passed under paragraph 27.1, Nelson Whakatu Menzshed shall be liquidated if the motion to liquidate Nelson Whakatu Menzshed is confirmed at a Special General Meeting convened for that purpose provided that:

(a)     written notice of the Special General Meeting is given to all Members not less than 14 days before the meeting; and

(b)     the motion to liquidate is confirmed by no fewer than 75% of the Members represented at the Special General Meeting including any proxy votes tendered.

27.3   In the event of Nelson Whakatu Menzshed being liquidated, the surplus funds and assets, after payment of all liabilities and costs of liquidation, shall be distributed to other charitable organisations as determined by the remaining Members.

27.4   No individual may derive any personal pecuniary gain from such liquidation of Nelson Whakatu Menzshed.

28.   Definitions

28.1      In these Rules:

(a)      “Cheque” means‑ a personal cheque or a bank cheque.

(b)     “Committee” means‑ the Committee of Nelson Whakatu Menzshed.

(c)     “Committee Meeting” means‑ a meeting of the Committee.

(d)     “Committee Member” means ‑any Member who is on the Committee.

(e)     “Majority vote” means ‑a vote made by more than half of the Members who are present at a Meeting and who are entitled to vote and are voting at that Meeting on a resolution put to that Meeting.

(f)      “Meeting” means an Annual General Meeting, a Special General Meeting, or a Committee Meeting.

(g)     “Money or Other Assets” means ‑any real or personal property or any interest therein, owned or controlled to any extent by Nelson Whakatu Menzshed.

(h)     “Payment” means ‑any transfer of legal tender by cash, electronic transfer, bank cheque, or any other means of paying legal tender, and includes payment by personal cheque.

(i)       “Rules” means ‑these rules, being the rules of Nelson Whakatu Menzshed.

(j)      “Shed Rules” means ‑the day to day operating rules as laid down by the Committee.

(k)     “Nelson Whakatu Menzshed Meeting”: means ‑an Annual General Meeting, or a Special General Meeting, but not a Committee Meeting.

(l)       “Use Money or Other Assets” means ‑to use, handle, invest, transfer, give, apply, expend, dispose of, or in any other way deal with, Money or Other Assets.

(m)   “Written Notice” means ‑hand-written, printed or electronic communication of words or a combination of these methods.


Signed:            Chairman                                             Secretary