Our Constitution
The constitution of Auckland Home Educators Incorporated:
1. Mission Statement
The Auckland Region encompasses a wide variety of home educating families and interest groups, every one of which has the right to self-determination.
Auckland Home Educators Incorporated recognises this autonomy as well as the need to foster a sense of community by empowering home educators to support each other through communication, information and activities.
2. Title and definitions
The name of the organisation is ‘Auckland Home Educators Incorporated.’
‘The Administration Team’ means, and comprises, the persons referred to in Clause 13. ‘home educating’ as used in these rules refers to the situation where a parent or guardian has accepted responsibility for the education of one or more of their children, who have an exemption under section 21 of the Education Act 1989, or who are not attending school in anticipation of receiving an exemption.
3. Objects of Auckland Home Educators Inc.
(a) To place emphasis on offering support and information to all parents and guardians in the Auckland region actively educating their children under Section 21 of the Education Act 1989.
(b) To make representation relevant to home education on behalf of the general membership to maintain and improve the present conditions for home educating.
(c) To provide members with basic information regarding the legal and administrative requirements to educate their children at home.
(d) To establish a network of home educating families and support groups in the Auckland region and beyond, providing an avenue for communication.
(e) To encourage positive local support for home educators of all creeds and philosophies. This requires that we accept each other’s differences and focus on our common ground.
(f) To acknowledge Te Tiriti o Waitangi as the founding document of Aotearoa.
(g) To create a resource pool for home educators.
(h) To provide access to relevant information for home educators.
(i) To provide extension to parent and child education through such means as workshops, seminars and conferences.
(j) To provide home educating families the opportunity for social interaction.
(k) To acquire and manage, efficiently and ethically, financial and other assets of Auckland Home Educators Incorporated as the Administration Team deems relevant to these objects.
l) The above objects are limited to activities within Aotearoa/New Zealand.
4. Membership
(a) Any individual or family sympathetic to the aims and objects of Auckland Home Educators Incorporated may join as a member.
(b) Application for membership shall be made on the approved Application for Membership form, completed in full and sent accompanied by the current membership fee to the Treasurer. The applicant shall be deemed to have read and agreed to the objects of Auckland Home Educators Inc. set out on the Application for Membership form.
(c) The Administration Team will accept any application for membership if clauses 4. (a) and 4.(b) have been complied with.
(d) A register of members shall be maintained by the Secretary in accordance with the provisions of the Incorporated Societies Act 1908 and the Privacy Act 1993. Members shall supply details of their name, address and occupation. All other information is optional. Members may choose not to be listed in the Telephone Directory.
It is the responsibility of members to keep the office of Auckland Home Educators Incorporated informed of their current contact details.
5. Membership fees
(a) Annual Subscriptions will be due on 1st July each year, or such other period as may be determined at any Annual General Meeting.
Each member shall pay to the organisation a registration (joining) fee and an annual subscription fee as from time to time may be determined at any Annual General Meeting.
Members joining part way through the year shall pay a registration fee as well as a subscription fee that has been adjusted for the current and subsequent period remaining in the financial year at the rate determined by the administrators.
(b) Any member may resign their membership by giving oral or written notice to the Secretary. The Secretary shall maintain a written record of any resignation.
(c) Membership shall cease upon resignation.
Members who have failed to pay outstanding membership fees by the end of the sixth month after the beginning of the financial year shall be deemed to have resigned.
If a member chooses to rejoin after this date, a new registration fee shall apply.
(d) No member shall be eligible to be a part of the decision making process at any meeting unless he or she is a current financial member.
6. Expulsion of a member
(a) A member may be expelled for conduct that is contrary to the objects of Auckland Home Educators Incorporated and /or is in serious breach of its constitution.
(b) The Administration Team may at any time pass a resolution that written notice be given to a member setting out the conduct complained of. Within fourteen days the member may reply in writing to the Secretary, giving explanation of such conduct.
(c) After consideration of the matter, The Administration Team may pass a resolution that it is proposed the member be expelled.
(d) The Secretary shall call a Special General Meeting to consider the matter and at the same time send written notice to the member, which shall include notice of a mutually agreed time and place of the Special General Meeting. The member may bring support people/advocates to the meeting.
(e) Particulars of the conduct shall be put to the meeting and the member, and the member’s support people/ advocates shall be given a fair right of reply and participation in consideration of the matter.
(f) After consideration by the meeting it may choose, by consensus, or failing that by a four-fifths majority, to make the appropriate decision.
7. Appeal of Expulsion
(a) In the event of expulsion, a member may within 14 days of being notified of the decision, appeal by notice in writing to the Secretary.
Within 30 days of such an appeal a meeting of the Administration Team shall be convened at which the appellant and support people/advocates can be heard. Written notice shall be sent to the appellant as to a mutually agreed time and place for such a meeting.
(b) The matter shall be determined by a consensus decision of the Administration Team, or failing that, by a four-fifths majority of the Administration Team.
(c) If the appeal is successful, The Administration Team may then call another Special General Meeting as described in clauses 6. (d) (e) (f) above. The decision of this meeting shall be final.
8. The Annual General Meeting
(a) The Annual General Meeting shall be held annually, (not being more than 15 months since the last preceding Annual General Meeting, and no later than three months since commencement of a new financial year) in such place as the Administrators shall determine.
(b) The Secretary shall give at least 60 days notice of the date, time and place of the Annual General Meeting to all members. Such notice shall include job descriptions and nomination forms for the election of the members of the Administration Team for the ensuing year. To qualify for election a person must be a financial member of Auckland Home Educators Incorporated and have been home educating for a period of twelve months immediately preceeding the Annual General Meeting.
(c) Members who have items to be placed on the agenda or who wish to nominate people for the Administration Team must send written notice on the appropriate form to the Secretary at least 42 days prior to the date of the Annual General Meeting.
(d) The Secretary shall send an agenda to all members 30 days prior to the Annual General Meeting specifying the particular nature of any known business intended to be transacted at the meeting.
(e) The quorum for an Annual General Meeting shall be five financial members, at least three of whom shall be members of the Administration Team, including at least one of either the facilitator/co-ordinator, secretary or treasurer.
If no quorum is reached, the Annual General Meeting may be adjourned to any time not exceeding thirty days thereafter, the new date to be fixed by the Administration Team.
(f) The Annual General Meeting shall be facilitated by a member of the Administration Team who shall have no casting vote.
(g) It is at the Annual General Meeting and the Quarterly Forum Meetings that decisions regarding the overall planning and development of Auckland Home Educators Incorporated are made.
(h) Decision making shall be by consensus. Every provision shall be made to facilitate this process. In the event that consensus cannot be reached a decision shall be made by a four-fifths majority of those present. In this case voting shall be as directed by the Facilitator.
(i) In the case of a member being unable to attend the Annual General Meeting a postal or proxy vote on the appropriate form may be registered with the secretary by the day preceeding the date of the meeting.
9. Business to be transacted at the Annual General meeting.
(a) To confirm the minutes of the last Annual General Meeting.
(b) To receive from the Administration Team a report of the proceedings and a statement of accounts of the preceding year.
(c) To appoint an auditor as may be deemed necessary. (This is general practice but not a requirement of the Incorporated Societies Act)
(d) To elect the Administration Team for the ensuing year. If insufficient nominations have been received by the secretary prior to the Annual General Meeting nominations may be received from the floor. Such nominations may be given verbally by any member, accepted by the nominee and seconded by any other member in the same manner.
(e) To set the dates of the Quarterly Forum meetings for the ensuing year.
(f) To discuss the items on the agenda and to pass any resolutions.
10. Special General Meetings.
(a) A Special General Meeting may be convened by the Administration Team whenever it is deemed necessary.
(b) The Administration Team must convene a Special General Meeting upon requisition in writing to the Secretary by 10 financial members.
(c) The Secretary shall give at least 14 days notice of such a Special General Meeting to all members.
(d) The notice shall include an agenda specifying the particular business to be considered at the Special General Meeting and only that business shall be considered at the meeting.
(e) The quorum for a Special General Meeting shall be five financial members, at least three of whom shall be members of the Administration Team, including at least one of either the facilitator/co-ordinator, secretary or treasurer.
If no quorum is reached, the Special General Meeting may be adjourned to any time not exceeding thirty days thereafter, the new date to be fixed by the Administration Team.
(f) The meeting shall be facilitated by a member of the Administration Team who shall have no casting vote.
(g) Decision making shall be by consensus. Every provision shall be made to facilitate this process. In the event that consensus cannot be reached a decision shall be made by a four-fifths majority of those present. In this case voting shall be as directed by the Facilitator.
(h) In the case of a member being unable to attend the Special General Meeting a postal or proxy vote on the appropriate form may be registered with the secretary by the day preceding the date of the meeting.
11. Quarterly Forum Meetings
(a) Members are encouraged to attend four general meetings per year, the Annual General Meeting and three Quarterly Forum meetings. It is at the Annual General Meeting and the Quarterly Forum meetings that decisions regarding the overall planning and development of Auckland Home Educators Incorporated are made.
(b) The dates of the Quarterly Forum meetings shall be set at the Annual General Meeting.
(c) Members who have items to be placed on the agenda must write or phone the Secretary at least 21 days prior to the Quarterly Forum.
(d) The Secretary must give at least 14 days notice of the time, date and place of the Quarterly Forums to all members. Such notice shall specify the particular nature of any known business intended to be transacted at any such meeting.
(e) All Forum Meetings are to be facilitated by a member of the Administration Team who shall have no casting vote.
(f) Decision making shall be by consensus. Every provision shall be made to facilitate this process. In the event that consensus cannot be reached a decision shall be made by a four-fifths majority of those present. In this case voting shall be as directed by the Facilitator.
(g) The quorum for any Forum Meeting shall be five financial members, at least three of whom shall be members of the Administration Team, including at least one of either the facilitator/co-ordinator, secretary or treasurer.
If no quorum is reached, the Forum Meeting may be adjourned to any time not exceeding thirty days thereafter, the new date to be fixed by the Administration Team.
12. The Administration Team
(a) To qualify for election as a member of the Administration Team, a person must be a financial member of Auckland Home Educators Incorporated (or their partner or spouse) who has been home educating for at least twelve continuous months immediately preceding the Annual General Meeting.
(b) A minimum of five members shall be elected to the Administration Team at the Annual General Meeting.
(c) Auckland Home Educators Incorporated recognises the benefits of emergent leadership by encouraging members of The Administration Team to impart knowledge gained through experience to others, and to look towards a maximum three year term of office.
13. Offices of the Administration Team.
(a) The offices of the Administration Team of Auckland Home Educators Incorporated may include but are not limited to: Facilitator, (this role may be rotated) MinuteSecretary, Secretary, Treasurer, (or Secretary /Treasurer) Political representative/s, Public Relations Officer (or Spokesperson), Newsletter Editor, Librarian and the following co-ordinators: Network, Phone tree, Voice mail, Resources, Workshops, Social Events, Fundraising and any other positions deemed necessary by Auckland Home Educators Incorporated at any Annual General Meeting.
(b) The above positions may be combined by no less than five individuals, to ensure the efficient day-to-day running of Auckland Home Educators Incorporated.
(c) Job descriptions for the above positions will be sent out annually with the nomination forms.
14. The functions of the Administration Team
(a) To ensure that the objects and rules of the Auckland Home Educators Incorporated are adhered to and that the organisation is run in an ethical way.
(b) To organise all general meetings.
(c) To be responsible for carrying through decisions made at all general meetings.
(d) To ensure proper accounts of Auckland Home Educators Incorporated are kept.
(e) To authorise all payments and investments.
(f) To enter into such agreements and contracts as are required from time to time.
(g) To fill any vacancies of officers that may arise during the year or to delegate any specific task to members.
(h) Such other functions as the Administration Team may from time to time decide.
15. Administration Team meetings.
(a) Meetings of the Administration Team are open to all members and for the purposes of the Incorporated Societies Act 1908 meetings of the Administration Team are deemed to be general meetings.
(b) Administration Team meetings shall be monthly or as deemed necessary by the Administrators. If two or more administrators feel the need for a special meeting, then at least eight hours notice must be given to all members of the Administration Team.
(c) The quorum for all Administration Team meetings shall be three elected officers, to include at least one of either the facilitator/co-ordinator, secretary or treasurer.
(d) The Administration Team shall strive to seek consensus. In the event that consensus cannot be reached then a decision shall be made by a four-fifths majority of those present at any meeting.
16. Finance
(a) The financial year of Auckland Home Educators Incorporated shall be from 1stJulyl to 30th June or such other period as may be determined by any Annual General Meeting.
(b) The Treasurer shall open, maintain and operate such bank accounts as the Administration Team authorise, maintain a deposit and cheque book and keep appropriate accounts.
(c) The Treasurer shall issue receipts for all payments received and shall make payments by cheque on presentation of a receipt or an invoice.
(d) On approval for payment by the Administration Team all cheques shall be signed or endorsed in such manner as the Administration Team may from time to time direct, but never with less than two signatures, the Treasurer and one other.
(e) The Treasurer shall prepare for the Annual General Meeting each year an annual financial report including a balance sheet and a statement of income and expenditure.
(f) The accounts of Auckland Home Educators Incorporated shall be audited as deemed necessary by any Annual General Meeting. An auditor shall be appointed by the Annual General Meeting provided that the Administration Team may appoint an auditor as necessary in the case of resignation between Annual General Meetings.
17. Powers of Auckland Home Educators Inc.
(a) Auckland Home Educators Incorporated has all the powers of a natural person so long as it exercises those powers in good faith and to further its objects. These powers include the investment of the funds of Auckland Home Educators Incorporated and the borrowing of money.
(b) The power of borrowing money may only be exercised by Auckland Home Educators Incorporated at a Special General Meeting called for that purpose.
18. Charitable Status
(a) Auckland Home Educators Incorporated shall not engage in any activities involving private pecuniary profit for its members.
(b) Nothing shall prevent Auckland Home Educators Incorporated from making reimbursements, paying remuneration or other benefits or advantages of whatever nature to a member. They must be reasonable and not exceed what would be normal in the circumstances and provided that the member is not able by virtue of their capacity as a member, to materially influence in any way the amount or nature of the reimbursement, remuneration or other benefit.
19. The Registered Office
(a) The registered office of the society shall be in such place as the Administrative Team may from time to time decide.
Such decision shall be notified to the Registrar of Incorporated Societies.
20. The Common Seal
(a) The Common Seal of Auckland Home Educators Incorporated shall be kept in the custody of the Secretary.
(b) When required, the Common Seal shall be affixed to any document following a resolution of the Administration Team. The Secretary and one other officer must sign their names alongside the Auckland Home Educators Incorporated seal whenever it is used.
21. Winding up of Auckland Home Educators
(a) Auckland Home Educators Incorporated may be wound up by a consensus decision or failing that a simple majority of members entitled to vote at a Special General Meeting convened for that purpose.
(b) The resolution shall be confirmed at a subsequent Special General Meeting held not earlier than thirty days after the date on which the resolution so to be confirmed was passed.
(c) Upon winding up any surplus assets shall be distributed to any charitable organisation with similar aims to Auckland Home Educators Incorporated as has been decided by the membership at the final Special General Meeting.
(d) In no circumstances will the surplus assets be distributed either directly or indirectly to members.
22. Changes to the Constitution.
(a) This constitution may be altered, added to or rescinded at any Annual General Meeting or Special General Meeting, provided that at least 30 days notice in writing of the proposed change has been given to all financial members.
(b) No addition or alteration or recision of the Constitution shall be approved if it affects in any way the charitable nature of the objects, or Clauses 18(a) (b) and 21 (a) (b) (c) (d) (the personal benefits clause & the winding up clause).