By-Laws

By-Laws of MotorSport New Zealand Incorporated

1. Staff:
1.1 The Executive shall employ or engage on contract, such staff, persons or organisations as it deems desirable from time to time to meet the needs of MotorSport. The Executive shall determine the terms and conditions together with all other necessary matters related to such appointments, including the termination of them.
1.2 The Executive may delegate its responsibility in By-Law 1.1 to the General Manager by resolution.
2. Criteria for Nominations to the Executive:
2.1

A nomination for election to the Executive by a member club under rule 7.2 of the Constitution must comply with the following:

(a) The nominee must be a member of a member club;

(b) The nominee must have at least one nomination from a member club;

(c) The nominee must give written notice to the registered office of their acceptance of the nomination;

(d) The nominee must not be an employee of, or engaged as a contractor to, MotorSport;

(e) The total number of nominations received from a member club must not exceed the total number of positions vacant;

(f) The nomination must be received at the registered office of MotorSport no later than forty five (45) days prior to the General Meeting.

3. Travel Equalisation:
3.1 To ensure that the cost of attending Annual General Meeting by member clubs is shared as equitably as possible, all member clubs will be invoiced within two (2) months of the Annual General Meeting, either a debit or credit, which reflects a share of the cost of sending delegates from each member club.
3.2 These costs will be calculated on the basis of a return economy class airfare.
3.3 These costs will be shared by all member clubs (excluding associate members), whether or not it has a representative attending the Annual General Meeting.
4. Advisory Commissions:
4.1 In accordance with rule 6.4.4 and 7.6.3 of the Constitution, Council and Executive, respectively, may establish advisory commissions to advise, and make recommendations to, the Executive and the Council, as appropriate.
4.2

There shall be two (2) categories of advisory commissions, namely:

(a) Specialist; and

(b) Representative.

4.3 Specialist Commissions
4.3.1

Number of Commissions: The Executive shall determine the number and types of specialist commissions to be convened from year to year, provided that there are commissions for at least the following areas:

(a) Technical Regulations; and

(b) Training.

4.3.2 Appointment: The number and composition of people appointed to a specialist commission shall be determined by the Executive. Any person, (whether or not a member of a member club, or an office bearer), may be appointed to a specialist commission.
4.4 Representative Commissions
4.4.1

Number and Types of Commissions: The Council shall determine the number and types of representative commissions to be convened from year to year. Currently these are:

(a) Historic and Classic;

(b) Rally;

(c) ClubSport and;

(d) Race.

4.4.2

Composition of Commissions: The numbers and composition of people appointed to each commission shall be as follows:

(a) The Historic, and Classic Commission shall comprise of a chairperson, appointed by the Executive, and four (4) persons elected by the Council;

(b) The Rally Commission shall comprise of a chairperson, appointed by the Executive, four (4) persons elected by the Council and one (1) person appointed by Rally of New Zealand Limited;

(c) The ClubSport Commission shall comprise of a chairperson, appointed by the Executive, and four (4) persons elected by the Council;

(d) The Race Commission shall comprise of a chairperson, appointed by the Executive, one (1) person appointed by The MotorSport Company Limited, one (1) person appointed by the Circuit Owners Group and four (4) persons elected by the Council of which a maximum of three only can be from one Island.

4.4.3 Election: Nominees for the elected positions must satisfy the same criteria as nominees for Executive positions set out in these By-laws. In addition, nominees may not be Executive members. If there are insufficient members elected to a representative commission, the Executive shall fill the vacancies.
4.5 Other By-Laws relating to Advisory Commissions
4.5.1 Term of office: Members of an advisory commission shall be appointed or elected, in accordance with these By-laws, for a term of two (2) one (1) years, commencing at the conclusion of an Annual General Meeting and ending at the conclusion of the subsequent Annual General Meeting of the second year. For each advisory commission half the members shall be appointed or elected at each Annual General Meeting. Members may be re-elected or re-appointed for further terms of office.
4.5.2 Terms of Reference: Council shall determine the terms of reference for each advisory commission.
4.5.3 Powers of Advisory Commissions: The advisory commissions shall have the powers delegated to them by the Executive including the power to make recommendations to the Executive and to the Annual General Meeting.
4.5.4 Meetings: The advisory commissions shall meet on such occasions as each commission and/or the Executive determine.
4.5.5 Termination: A member of an advisory commission may retire at any time prior to the expiry of the term of office, by providing notice in writing to the Executive. The Executive may fill such vacancies for the balance of the term of office. The Executive may require a member of an advisory commission to terminate their position on an advisory commission if, in its opinion, the person has brought MotorSport into disrepute. A person who is terminated on this basis may appeal the decision of the Executive to a General Meeting of the Council.
5. Departments:
5.1 In accordance with rules 6.4.4, and 7.6.3 of the Constitution, Council and Executive, respectfully, may establish departments to assist in the management of MotorSport's activities.
5.2

Number and Types of Departments: The Executive shall determine the number of departments to be convened from year to year, provided that there are departments for at least the following:

(a) Stewards

(b)Technical

(c) Circuit Safety.

(d) Clerks of the Course.

5.3 Appointments: The number and composition of people appointed to each department shall be determined by the Executive except as expressly required under these By-laws. Any person whether or not they are a member of a member club, may be appointed to a department. All department officials, including the Department Chief, are required to hold an Officials Licence, issued in accordance with the provisions of the National Sporting Code.
5.4

Department Chiefs: The Executive shall appoint annually to each department a Department Chief. The duties of a Department Chief are to:

(a) Coordinate and report on the activities of their department;

(b) Ensure all persons appointed to the department act in accordance with their defined responsibilities;

(c) Oversee the departments training requirements;

(d) Undertake activities as requested by the Executive.

5.5 Department Officials: The Executive shall appoint annually to each department persons to act as officials in that department.
5.6 Terms of Office: Department Officials, including the Department Chief shall be appointed, in accordance with these By-laws, unless otherwise stated for a term of one (1) year, commencing one month prior to each Annual General Meeting and ending one month prior to the subsequent Annual General Meeting. Officials may be re-elected or reappointed for further terms of office.
5.7 Meetings: Each department shall meet on such occasions as determined by the Executive in consultation with the Department Chief.
5.8 Termination: A person appointed to a department may retire at any time prior to the expiry of the term of office by providing notice in writing to the Executive. The Executive may fill such vacancies for the balance of the term of office. The Executive may require a person to terminate their position in a department if, in its opinion, the person has brought MotorSport into disrepute. A person who is terminated on this basis may appeal the decision of the Executive to a General Meeting of the Council.
6. Steward Department:
6.1 The Department Chief of the Steward Department, appointed by the Executive under By-law 5.4, shall be known as the Chief Steward.
6.2 The Chief Steward may attend Executive meetings, but shall have no voting rights.
6.3

The Executive shall also appoint annually the following stewards to the Steward Department:

(a) Deputy Chief Steward

(a) Area Stewards

(c) Deputy Area Stewards

(b) Other Stewards in sufficient number to adequately service the requirements of all events.

6.4 The duties of all stewards are those set out in the National Sporting Code.
7. Technical Department:
7.1 The Department Chief of the Technical Department, appointed by the Executive under By-law 5.4, shall be known as the Technical Manager.
7.2 The Technical Manager may attend Executive meetings by invitation but shall have no voting rights.
7.3 The Executive shall also appoint Technical Officers as required.
7.4 The duties of Technical Officers are set out in the National Sporting Code.
8. Circuit Safety Department:
8.1 The Department Chief of the Circuit Safety Department appointed by the Executive under By-law 5.4 shall be known as the Chief Circuit Safety Inspector.
8.2 The Chief Circuit Safety Inspector may attend Executive meetings by invitation but shall have no voting rights.
8.3 The Executive shall also appoint Circuit Safety Inspectors as required.
8.4 The duties of Circuit Safety Inspectors are set out in the National Sporting Code.
9. Clerks of the Course Department:
9.1

The Department Chief of the Clerks of the Course Department appointed by the Executive under By-Law 5.4 shall be known as the Chief Clerk of the Course

The Chief Clerk of the Course may attend Executive Meetings by invitation but shall have no voting rights.
The Executive shall also appoint, biennially, Clerk of the Course.

The duties of all Clerks of the Course are set out in the National Sporting Code

10. Expenses:
10.1 Actual and reasonable expenses incurred by members of the Executive, office bearers, President(s) d'Honneur members of advisory commissions and persons appointed to departments in carrying out their duties for MotorSport, shall be met by MotorSport.
11. Notification of Discipline of Licence Holder:
11.1 Any member club or associate member who suspends/disqualifies or otherwise disciplines one of its members who is a licence holder shall notify the Executive in writing of the reason for the sanction and the sanction given.

 

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