1.1. The name of the Society is Brotherhood Bikers New Zealand Incorporated (“the Brotherhood”).
1.2. The Society is constituted by resolution dated
2.0 Registered Office
2.1. The Registered Office of the Brotherhood can be obtained by request.
2.2. This is the registered office of the “Mother Chapter”. [
3.0 Purposes of the Brotherhood
3.1. The primary and principal purpose of the Brotherhood is to support charities selected by the committee and by way of illustration such charities include but are not limited to the following: Diabetes NZ, Salvation Army, St Johns Ambulance, The National Heart Foundation, Variety International New Zealand.
3.2. Pecuniary gain is not a purpose of the Brotherhood.
4.1. Membership is open to all with a minimum age of 18 years required, who are dedicated to and demonstrate the Old School ways and attitude toward motorcycles and or motorcycling and who:
4.1.1. Meet the membership criteria.
4.1.2. Agree with the Brotherhood purpose and Brotherhood rules. [
4.1.3. Be in good standing in terms of conduct.
4.1.4. Pay dues and agree to abide by Brotherhood rules. [
4.1.5. Express true desire to be a participating member of the Brotherhood.
4.2. Motorcycle ownership is helpful but not required. We encourage non-riding disabled bikers that cannot ride due to accidents etc. This encourages brotherhood and camaraderie.
4.3. Membership will only be confirmed with a 100% agreement of the current committee. [
4.4. There shall be five types (5) classes of membership:
4.5. Full Member:
Representation of club by wearing club patch and participates in club events and meetings. Has full membership rights and pays membership fee subscriptions or levies. [
4.6. Associate Member:
Representation of club through advocacy and goodwill. Has no membership rights but pays membership fee subscriptions or levies. [
4.7. Life Member:
A person who is acknowledged as a longstanding Member of the Brotherhood. Has full membership rights but does not have to pay membership fee subscriptions or levies. [
4.8. Honorary Member:
A person who is acknowledged as providing or having provided important services to the Brotherhood. Has no membership rights and does not have to pay any fee subscriptions or levies. [
4.9. Limited Member
Member that has not yet been accepted as a full member who has access to the website but no other member privileges. [
4.10. Life and Honorary Members may be appointed by the Committee after prior approval by the persons involved.
4.11. Each Full/Life member shall have voting rights and full privileges.
5.0 Cessation of Membership
5.1. Membership shall cease if:
5.1.1. A member dies.
5.1.2. A member resigns.
5.1.3. A member fails to pay any subscription due within 3 months of payment becoming due.
5.1.4. If, for any reason whatsoever, the Committee is of the view that a Member is breaching the Rules or acting in a manner inconsistent with the purposes of the Brotherhood. This is enacted by 75% of Committee vote.
6.0 Re-admission of former Members
6.1. 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 by the Committee, the Applicant shall not be readmitted without the approval of the Committee by 100% vote. [
7.0 Obligations of Members
7.1. All Members shall promote the purposes of the Brotherhood and shall do nothing to bring the Brotherhood into disrepute. [
7.2. All Financial members must purchase and wear a club badge/patch whilst a member in good standing. At such time as the member leaves or is required to leave, they must return the club patch and/or rank insignia, to the Treasurer. [
7.3. All members shall wear their club vest, which contains their club badge/patches, to all Brotherhood functions. Vests are not to be worn in a vehicle unless the member is disabled. If Brotherhood business is involved and motorcycles cannot be ridden, Vests will be removed before transport, and put back on before business is conducted. [
Management of the Brotherhood
8.0 Managing Committee
8.1. The Brotherhood shall have a managing committee structure as follows: [
8.2. Each chapter of the Brotherhood shall have a managing committee: (“the Committee”) comprising the following persons: [
(a) The President
(b) The Vice President
(c) The Secretary
(d) The Treasurer
(e) The Sergeant at Arms (National Committee only) [
(f) Other members as the Committee shall decide. This includes but is not limited to:
(i) Road Captain – organises and leads the club during a riding event.
(ii) Event Coordinator - organizes and leads an event not centred on riding.
8.3. Only Full Members of the Brotherhood may be Committee Members.
8.4. Only one member per household and/or relationship may be a voting committee member (President, Vice President, Secretary, Treasurer, Sergeant at Arms or for non-Mother Chapters their 5th committee position). [
8.5. A Committee Member may have more than one title.
8.6. As the club expands, and more than one chapter exists, the Mother chapter, will assist in forming new chapters and with any problems or questions that may arise from these chapters. [
8.7. No chapter can be established without authority from the Mother Chapter (Wellington NZ).
8.8. The maximum number per chapter will be 50 full financial members (i.e. Full, Associate & Life members). [
8.9. All chapters must adhere to the rules and charter of the Mother Chapter (Wellington NZ) unless written dispensation for any alterations is given by the Mother Chapter (after due diligence and The Mother Chapter National Committee vote passing the variation unanimously). [
9.0 Appointment of Committee Members
9.1. The Committee stands until a Committee member resigns or there is just cause to change.
9.2. Nominations and applications for committee roles if they become vacant shall be made at the first regular meeting one month ahead of election. Nominations and applications may also be made by contacting the club Secretary in writing. [
10.0 Cessation of Committee Membership
10.1. Persons cease to be Committee Members when:
10.1.1. They resign by giving written notice to the Committee.
10.1.2. Any committee member may be removed from office for cause by a two-thirds (2/3) majority vote of members present at a regular meeting following a discussion of the cause. The vote must be announced to the membership no later than two weeks (14 days) prior to the meeting and must include the date, time and location of both the cause and meeting. [
10.2. If the position of any Committee members becomes vacant between General Meetings, the Committee shall appoint another Committee member to fill that vacancy until the next Annual General Meeting.
11.0 Role of the Committee
11.1. Subject to the rules of the Brotherhood (“The Rules”), the role of the Committee is to:
11.1.1. Administer, manage and control the Brotherhood.
11.1.2. Carry out the purpose of the Brotherhood, and Use Money or Other Assets to do that.
11.1.3. Manage the Brotherhood’s bank accounts.
11.1.4. Ensure that all Members follow the Rules.
11.1.5. Decide how a person becomes a Member, and how a person stops being a Member.
11.1.6. Decide the times and dates for Meetings, and set the agenda for Meetings.
11.1.7. Decide the procedures for dealing with complaints.
11.1.8. Set Membership fees, including subscriptions and levies.
11.1.9. Make regulations.
11.2. The Committee has all the powers of the Brotherhood, unless the Committee’s power is limited by these Rules.
11.3. Decisions of the Committee bind the Brotherhood, unless the Committee’s power is limited by these Rules.
11.4. Committee members shall be eligible for reimbursement for reasonable expenses incurred during the administration of club business by submitting a request with receipts at a regular meeting. Approval is by a 100% vote of committee members present. These expenses are to be listed separately on an end-of-monthly report by the Treasurer. [
12.0 Role of Committee Members
12.1. All committee member roles are identical for both the Mother Chapter and Regional Chapters, unless specifically stated. The Regional President role is identical to that of a Chapter President. [2 Jun 2012]
12.2. Role of the President:
12.2.1. Preside over club meetings, functions and activities not being led by an Event Coordinator. [2 Jun 2012]
12.2.2. Oversee the operation of the Brotherhood.
12.2.3. Coordinate, direct, and manage the business functions and activities of the Brotherhood as required to ensure continuity and success of the Brotherhood and the Brotherhood’s objectives.
12.3. Role of Vice-President: [2 Jun 2012]
12.3.1. To perform the duties of the President in case of absence or inability of the latter.
12.3.2. Serve as the Event Coordinator in scheduling, planning, and ensuring proper arrangements are made for all Brotherhood-sponsored activities and events. [2 Jun 2012]
12.3.3. As necessary performs other duties which may be assigned by the President.
12.4. Role of the Treasurer: [2 Jun 2012]
12.4.1. Maintain an up-to-date membership list.
12.4.2. Coordinate reimbursement expenditures through the Committee.
12.4.3. Receive, record, bank and report all monies or property donated to, paid to, or owned by the club.
12.4.4. Keep an account of all receipts and disbursements so that a statement of the financial condition of the club is available upon request by the committee or general membership.
12.4.5. Prepare an end-of-year report for the Committee to be shared at the next scheduled Annual General Meeting.
12.4.6. Assist the Auditor including supplying them with lists of all the Brotherhood’s record books and accounts.
12.4.7. Forward the annual financial statements for the Brotherhood to the Registrar of Incorporated Societies upon approval by the members at an Annual General Meeting (via National Treasurer). [2 Jun 2012]
12.5. Role of the Secretary: [2 Jun 2012]
12.5.1. Notify the Brotherhood’s members of meetings and Committee Members of Committee Meetings.
12.5.2. Keep a record of all meetings proceedings and the attendance of Officers and members.
12.5.3. Keep the Brotherhood’s Common Seal (National Secretary only). [2 Jun 2012]
12.5.4. Keeps a record of members voting at General Meetings.
12.6. Role of the Sergeant at Arms: [2 Jun 2012]
12.6.1. Responsible for discipline and ensuring all members comply with the Rules of the club. [2 Jun 2012]
12.6.2. Assist the National President in dealing with disputes within the club between members and/or members of any other clubs. [2 Jun 2012]
12.6.3. Ensure compliance by any Brotherhood Biker chapters that are authorised to form in New Zealand. [2 Jun 2012]
12.6.4. To ensure and maintain order at club meetings and gatherings. [2 Jun 2012]
13.1. All NZ Members (excluding Honorary, Life & Limited members) are to pay an annual subscription as levied by the NZ Mother Chapter (as well as their local chapter dues as set by local committees). [2 Jun 2012]
13.2. International dues paid through Brotherhood Bikers NZ must be up to date.
13.3. Renewal fees are to be paid no later than the start of the financial year (1 July). Where an AGM is held before 1 July, if you want to be eligible to vote at the AGM then renewal fees must be paid prior to the AGM. [2 Jun 2012]
13.4. A member can always return to good standing simply paying dues within 3 months. Failure to pay dues within this time frame will be cause to have membership revoked.
13.5. Former members must re-apply as if they were new members.
13.6. Membership dues shall neither be pro-rated nor refunded unless approved by unanimous vote of the committee.
14.1. The Annual General Meeting of the Brotherhood shall be held within 4 weeks either side of the end of the financial year end (30 June) at such a place and time as the National Committee may determine. [2 Jun 2012]
14.2. The Annual General Meeting shall:
14.3. Confirm the Minutes of the previous Annual General Meeting.
14.4. Consider the Annual Reports and Financial Statements.
14.5. Appoint an Auditor if required.
14.6. Transact such other business as may be duly submitted to the meeting.
14.3. Special General Meetings 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 Full/Life members. [2 Jun 2012]
14.4. Every General Meeting shall be called by written/email notice at least four (4) days before the date of the meeting.
14.5. At any General Meeting, 30% member present in person shall form a quorum. If within half an hour of the time appointed for the meeting a quorum is not present the meeting if convened upon the requisition of members shall be dissolved, but in any other case shall be adjourned and notice of the adjourned meeting shall be given in accordance with Rule 14.4. If at such adjourned meeting a quorum is not present within half an hour of the appointed time those members present shall form a quorum.
14.6. At any General meeting the President or failing him Vice President shall take the chair. If there is no such Chairman present and willing to act, the Members present shall choose one of their number to take the chair.
14.7. A Regular Meeting will be held no less than monthly. [2 Jun 2012]
15.1. No Member present whose subscription is not current shall be entitled to vote.
15.2. Subject to Rule 15.4 every other member at any General/Regular meeting shall be entitled to one vote. [2 Jun 2012]
15.3. The Committee may organise a postal ballet on any matter, including the election of Officers, provided reasonable precautions are taken against its abuse.
15.4. All questions in any General/Regular meeting shall be decided by simple majority of votes and in the case of equality, the Chairman shall have a second or casting vote. [2 Jun 2012]
15.5. Voting shall be by voice or show of hands.
15.6. A member unable to be present and entitled to vote on any matter on the Agenda, may communicate their vote in writing such vote to be in the hands of the Secretary prior to the starting time of the meeting. [2 Jun 2012]
15.7. A member may appoint another member to act as their Proxy provided notice in writing is given to the Secretary prior to the starting time of the meeting. [2 Jun 2012]
16.1. Notification of proposed changes to the rules of the Brotherhood will be made through e-mail at least two weeks prior to a meeting at which changes in the rules are to be considered. [2 Jun 2012]
16.2. Rules may be changed by a majority vote of either the National Committee (for minor changes) or the full members present at a regular club meeting and of members absent from the meeting who wish to vote by e-mail to the President. All e-mail absentee ballots must be received no less than one (1) day before the meeting in which the proposed rule change is to be voted on by the membership. The President shall include e-mail ballots after tallying the votes of those present and summarize the results for the record at the same meeting. [2 Jun 2012]
16.3. Rule changes will take effect upon determination of the final result of the vote. [2 Jun 2012]
16.4. Amendments or changes to the rules note the date of change after the respective rules, e.g. "[1 Jun 2012]". [2 Jun 2012]
16.5. When a rule change is approved, the change shall be filed with the Registrar of Incorporated Societies.
16.6. Non-Mother chapters can introduce “local chapter” rules. Any local rules need to be approved by the Mother Chapter. [2 Jun 2012]
17.1. Any member of the club may be dismissed from a club meeting or club activity as a result of inappropriate behaviour. The member shall be warned concerning such inappropriate conduct by a Committee Member. The following shall be the basis for, but not limited to, inappropriate behaviour and disciplinary measures:
17.1.1. Wild, unsafe riding habits, especially any activity which jeopardizes the safety of other persons.
17.1.2. Obnoxious behaviour that is detrimental to the image of the club.
17.2. Ratification of Committee recommendations for disciplinary action will be ratified by a majority vote of the committee members in attendance at a regularly scheduled committee meeting.
17.3. No member is to wear a Brotherhood Bikers NZ back patch, back or side rocker, MC or other non club approved patch or insignia.
17.4. No member is to wear any other clubs patches or badges on the front of their vest i.e. only Brotherhood Bikers NZ patches and badges on front of vests. [2 Jun 2012]
18.0 Non Member Guests
18.1. Non-member guests are welcome at general or regular meetings, rides, and social gatherings of the club so long as they are invited guests and accompanied by a full/life member (sponsor). Each full/life member may invite non-member guest(s) to a club event. [2 Jun 2012]
18.2. Guests must agree to abide by club rules and standards of conduct. Sponsors are held responsible for the conduct of their guest.
19.0 Mother Chapter Responsibilities
19.1. In accordance with these rules the Mother Chapter ONLY shall be responsible for the following: [2 Jun 2012]
19.1.1. Post the rules for public view on the Brotherhood Website. [2 Jun 2012]
19.1.2. Approve and authorize the formation of new Brotherhood Bikers NZ Chapters.
19.1.3. Make official announcements concerning new Chapters to ALL other Brotherhood Chapters.
19.1.4. Procure and distribute ALL clothing items that display our logo, or the name of our organization when fashioned in such a way as to resemble the Brotherhood Colours, to ALL Chapters and Members.
19.1.5. Procure and distribute ALL patches bearing the Brotherhood Bikers Patch/Name to ALL Chapters and members. [2 Jun 2012]
19.1.6. Provide certificates of Acceptance recognizing each new Brotherhood Chapter.
19.1.7. Revoke or suspend ANY Brotherhood Chapter that does not maintain the integrity of the rules. [2 Jun 2012]
19.1.8. Maintain a roster of all chapters Officers, Board of Directors, and Brotherhood members.
19.1.9. Maintain a Mother Chapter Website that will provide information concerning club news, updates, membership, History, memorials, and links etc… for the entire Brotherhood organization.
20.0 New Chapters
20.1. New potential Chapters must complete an application process. All information must be included and correct. Applications can be received by request. These can be received by e-mail or by post. In either case, a completed hard copy with all pertinent signatures must be sent back to the Mother Chapter. [2 Jun 2012]
20.2. There must be a least 5 members representing the proposed elected officers. These officers must have been elected in accordance with the Rules set forth by the Brotherhood. [2 Jun 2012]
20.3. There is no application fee, however, there is a Chapter fee as set by the National Committee. In this case, the fee will be applicable after the first year of operation. [2 Jun 2012]
20.4. Each new chapter is responsible for its own bills and cost of operation. Refer to section 21.0 for dissolution of satellite chapters. [2 Jun 2012]
21.0 Dissolution of Brotherhood
21.1. If the Brotherhood, or any of its chapters is wound up: [2 Jun 2012]
21.1.1. The debts, costs and liabilities shall be paid.
21.1.2. For non-Mother Chapters, all surplus money and assets are to be passed to the Mother Chapter. [2 Jun 2012]
21.1.3. For the Mother Chapter, surplus money and other assets of the Brotherhood may be disposed of: [2 Jun 2012]
(i) by resolution; or
(ii) According to the provisioning in the Incorporated Societies Act 1908; but
21.1.4. No distribution may be made to any Member;
21.1.5. The surplus Money and Other Assets shall be distributed to:
A charity designated by the National Committee. [2 Jun 2012]
22.0 Control and Use of Common Seal
22.1. The Common Seal shall be used on any legal documents or contracts the Brotherhood enters into.
22.2. The Common Seal shall be kept by the National Secretary. [2 Jun 2012]
22.3. Its use must be witnessed by one other member of the National committee. [2 Jun 2012]
23.1. “Cheque” means a personal cheque or a bank cheque.
23.2. “Committee” means the Committee of the Society.
23.3. “Committee Meeting” means a meeting of the Committee.
23.4. “Committee Member” means any Member who is on the Committee.
23.5. “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 (with exception of 10.1.2), or a vote made by more than half of the Committee Members who are present at a Committee Meeting. [2 Jun 2012]
23.6. “Meeting” means any Annual General Meeting, any Special General Meeting, any General Meeting and any Committee Meeting. [2 Jun 2012]
23.7. “Money or Other Assets” means any real or personal property or any interest therein, owned or controlled to any extent by the Brotherhood.
23.8. “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.
23.9. “Rules” means these rules, being the rules of the Brotherhood.
23.10. “Brotherhood Meeting” means any Annual General Meeting, or any Special General Meeting, or any General Meeting but not a Committee Meeting. [2 Jun 2012]
23.11. “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.
23.12. “Written Notice” means hand-written, printed or electronic communication of words or a combination of these methods.
23.13. “Mother Chapter” means this Society and its rules.
23.14. “Start of Financial Year” means 1 July of any given year.
23.15. “Club Vest” or “Cut” means item of clothing bearing the Brotherhood Bikers NZ patch/badge, and any other Brotherhood Bikers club patches. [2 Jun 2012]
23.16. “Club Event” means any event or gathering called by any committee member, this includes all meetings. [2 Jun 2012]