IN THE MATTER of “The Incorporated Societies Act 1906”
RULES of the KAPITI COAST PIPES & DRUMS INCORPORATED
1, THE name of the Band is KAPITI COAST PIPES & DRUMS INCORPORATED
2. THE objects for which the Band is established are:—
(a) To foster Scottish national sentiment and tradition and in particular the playing of pipe music in Kapiti and Wellington region by the establishment of a Pipe Band, and to instruct suitable persons in piping and drumming and in band drill.
(b) To parade as a Band or provide pipers and drummers at such functions and for such purposes as shall seem fit, and to charge fees and accept payments in respect of such services.
(c) To participate in any competition with other bands and for such purpose to pay any entry fee or expenses incurred for travelling or accommodation or otherwise.
(d) To conduct competitions in piping and or drumming and to provide trophies and prizes for any such competitions.
(e) To purchase print or publish music and to purchase hire or otherwise provide for the members of the Band all kinds of instruments music books manuscripts uniforms and other things which may be used in connection with the affairs of the Band.
(f) To co-operate or amalgamate with any other Band or Society having objects altogether or In part similar to those of the Band.
(g) To engage in social activities for the members of the Band and their friends, and to hold functions for the purpose of raising funds for the Band.
(h) To purchase take on lease or in exchange hire or otherwise acquire hold mortgage and. dispose of any real and personal property and any rights or privileges which the Band shall think necessary or expedient for the purposes of attaining the objects of the Band or any of them or promoting the interests of the Band or its members.
(i) To do all such acts and things as may be incidental or conducive to the attainment of any of the above objects.
2…1 The officers and members of the Band shall not be entitled to any remuneration for their services as such but such members and any other persons who shall do work for, or on behalf of the Band shall be entitled to reimbursement for reasonable expenditure incurred in carrying out any activities for or on behalf of the Band.
2…2 Any income, benefit or advantage must be used to advance the charitable purposes of the Band.
2…3 No member or person associated with a member of the Band shall derive any income, benefit or advantage from the Band where they can materially influence the payment of the income, benefit or advantage except where that income, benefit or advantage is derived from:
2.3.1 Professional services to the Band rendered in the course of business charged at no greater rate than current market rates; or
2.3.2 Interest on money lent at no greater rate than current market rates.
3. THE registered office of the Band shall be situate at Scots Hall, Weka Rd., Raumati Beach or at such other place as the Committee shall from time to time determine.
4. THE membership shall consist of Playing, Learner, non Playing and Honorary members.
(a) Playing members shall be persons acceptable to the Band Committee of such competence in piping or drumming and drill to parade with the Band. Playing members shall be entitled to all rights and privileges and hold any office under these rules.
(b) A Learner member shall be a person acceptable to the Band Committee undergoing a course of instruction in piping or drumming and drill who upon reaching a suitable standard of proficiency may be elected to a playing member status by the Committee. Learner members shall have no right of voting at any meeting and shall not be eligible for any offices herein provided.
(c) Non Playing members shall be persons who are non playing members of the Band that because of special interest and skills may be elected at the annual general meeting to the offices of Patron, President, Vice-President, Hon. Secretary or Hon. Treasurer or Hon.
Secretary/Treasurer or Hon. Assistant Secretary/Treasurer. Such membership will terminate at the next annual general meeting (or at a special general meeting called for the purpose in accordance with Rule 12) unless the person is re-elected to the position of Patron, President, Vice President, Hon. Secretary or Hon. Treasurer. Non playing members so elected will have the same voting powers, rights and privileges as playing members during their term of office with the exception that they may not vote for the offices of Drum Major, Pipe Major, Drum Sergeant, Pipe Sergeant, Drum Corporal, Pipe Corporal at general meeting. The number of non playing members shall at no time exceed five.
(d) Honorary members may be appointed either for life or to hold office until the next succeeding annual general meeting in return for services rendered to the Band. Honorary life members may only be appointed at the annual general meeting. Honorary members to hold office to the next succeeding annual general meeting may be appointed at the annual general meeting or by the Band Committee. Honorary members shall not be eligible to hold office or vote at any meeting.
ELECTION OF MEMBERS:
5. (a) The Band Committee may elect playing and, learner members to the Band after a person has been proposed by another playing member. The committee shall be satisfied before approving any new member that he is of good character and is prepared to conform with these rules and in the case of a playing member to attend practices and parades. The committee in approving any new playing member shall have regard to any recommendation from the Pipe Major in the case of a piper and the Drum Major in the case of a drummer as to the capability or suitability of the person concerned.
(b) That all members shall pay into the funds of the Band an annual subscription as shall from time to time be fixed by resolution in general meeting.
CESSATION OF MEMBERSHIP:
6. ANY member may resign from membership by giving to the Secretary notice in writing to that effect, but no such resignation shall release the member from any antecedent liability to the Band.
7. (a) IF the conduct of any member is such as appears to the Committee to endanger the character good order or welfare of the Band, or if any playing member shall without leave be absent from four consecutive practices of the Band or show such inability to learn as to be in the opinion of the Pipe Major incapable of becoming a competent playing member of the Band it shall be in the power of the Committee to enquire into the circumstances of the case, and at the meeting such member shall be allowed to offer any explanation personally or in writing and if thereupon two thirds of the Committee present vote for such members expulsion the member shall forthwith cease to be a member of the Band but shall not be released from any antecedent liability to the Band.
(b) Any member whose subscription or dues are in arrear for two months shall be struck off the register of members. A member incapacitated through illness, accident or distress may, on notice in writing being given to the secretary have the subscription suspended or remitted. ..
ALTERATION OF RULES:
8. THESE rules may be altered added to or rescinded at any general meeting of the Band, notice of the intention to move such alterations amendment or rescission having been given in the notice convening such general meeting. The Committee shall include such notice in the notice of the Annual General Meeting at the written request of any two playing and non-playing members of the Band given by 31 March prior to such Annual General Meeting. The Committee shall call a Special General Meeting for the purpose of such alteration addition rescission at the request of any five playing and non-playing members of the Band, provided any alterations to the rules will not alter the overall charitable nature of the aims and objects.
9. THE financial year of the Band shall terminate on the thirty-first day of March in each year.
10. THE Committee shall convene and hold an Annual General Meeting of the Band in April of each year at such time and place as it shall from time to time determine. At such Annual General Meeting the following officers shall be appointed:-
(b) President, Vice-President, Honorary Secretary, Honorary Treasurer, Pipe Major, Pipe Sergeant, Drum Major, Drum Sergeant, Drum Corporal and Pipe Corporal and at the discretion of the meeting up to two active playing members of the Band, such officers to constitute the Committee, provided that should the Meeting so decide, one person may be elected to fill the offices both of Honorary Secretary and of Honorary Treasurer.
(c) An Honorary Auditor, who need not be a member of the Band but shall not be a member of the Committee. If one person is elected to fill the offices of Hon. Secretary and Hon. Treasurer an Assistant Secretary/Treasurer may be appointed.
11. THE following shall be the order of business at the Annual General Meeting:-
(a) Reading and confirmation of minutes of previous Annual General Meeting and of any Special General Meetings held during the year.
(b) Consideration of Annual Report and Balance Sheet.
(c) Election of Officers.
(d) Discussion of any proposed alteration to these rules, notice of which has been given as hereinbefore provided.
(e) General Business.
12. THE Committee shall convene a Special General Meeting upon a requisition of any five playing and non-playing members stating the reason therefore, and in default such members may themselves call such Special General Meeting.
13. MEMBERS shall be given ten clear days notice in writing of any general meeting of the Band.
14. NO business shall be transacted at any general meeting unless a quorum of members is present at the time when the meeting proceeds to business. Nine members personally present shall constitute a quorum.
15. (a) At all general meetings the President or in his absence any other duly elected chairman shall take the chair and every playing and non-playing members personally present shall be entitled on every motion to one vote and in the case of an equality of votes the chairman shall have a casting vote as well as a deliberative vote.
(b) The mode of voting on all questions (other than elections) shall be by the voices or if the chairman or any member shall require by a show of hands.
(c) The voting on any election at the Annual General Meeting shall be by secret ballot for which purpose a sufficient number of scrutinisers’ shall be appointed by the meeting.
16. THE Committee shall exercise all the powers and perform the duties for which the Band is established and shall have power to do all such things as may be conducive to the attainment of the objects of the Band or any of them.
17. FROM the officers elected under Rule 1OB, a chairman of committee is to be elected by the Committee at its first meeting. Such chairman elected to preside at all meetings of the Committee but in his absence any duly elected chairman shall take the chair. Five members of the Committee personally present shall constitute a quorum.
18. A delegate to the Bands Committee may be appointed by the Kapiti Caledonian Society Incorporated such delegate to have equal voting rights as other Committee members at Committee meetings.
19. THE Committee shall meet at such times and places as shall from time to time be determined by the Chairman and Secretary who shall call a meeting on the requisition of any two members of the Committee and at all meetings the Committee shall determine its own procedure. Members of the Committee shall be given at least twenty-four hours notice of all meetings.
20. THE Committee shall have power to appoint any member of the Band to any office that shall fall vacant as a result of the death or retirement of the officer holding the same, and the member so appointed shall hold office until the next Annual General Meeting of the Band.
21. THE Committee shall have power to make such bylaws or regulations for the conduct of the Band not inconsistent with these rules as it shall deem expedient and in particular to hold practices at such times and places as it shall from time to time determine.
22. THE Pipe Major or in his absence the next in rank shall have full control of the Band from a musical standpoint. The Drum Major or in his absence subject to the Authority of the Pipe Major the next in rank shall have control of the Band at all practices and parades in matters of discipline and drill, and shall in particular have control of the drum section of the Band.
23. THE Honorary Secretary shall keep minutes of all general and committee meetings and shall conduct all correspondence of the Band. He shall keep a register of members, which shall be made available for Inspection by any member of the Band on reasonable notice. The President shall prepare an Annual Report for submission to the Annual General Meeting in each year.
24. THE Honorary Treasurer shall receive all moneys collected on behalf of or paid to the Band, and shall lodge the same to credit of the Band in such bank as the Committee shall from time to time determine… He shall keep an account of all moneys received or expended by the Band, and shall prepare a balance sheet each year and submit the same to the Annual General Meeting.
25. THE Committee shall have power to adopt a common seal of the Band and at anytime to destroy the same and substitute another therefore. The Honorary Secretary shall have custody of the common seal.
26. WHENEVER the common seal of the Band is required to be affixed to any Deed or other document the seal shall be affixed thereto pursuant to a resolution of the Committee and in the presence of two members of the Committee (one of whom shall be the President or Honorary Secretary) who shall sign the document to which the seal is so affixed.
INVESTMENT OF FUNDS:
27. THE Committee may from time to time invest in such securities and upon such terms as it shall think fit the whole or any part of the funds of the Band which shall not be required for the immediate business of the Band.
28. ALL moneys and other invested funds belonging to the Band shall be banked at such authorised bank as the Committee shall from time to time determine. Such bank account or accounts shall be operated on the signatures of any two of three Committee members so designated as trustees by the Committee, one of whom shall be the Honorary Treasurer, any one of such trustees may endorse cheques or other negotiable instruments on behalf of the Band.
29. THE Band shall in addition to the other powers vested in it have power to borrow or raise money from time to time by the issue of debentures bonds mortgages or any other security founded or based on all or any of the assets property or rights of the Band or without any such security and upon such terms as to priority or otherwise shall seem fit to the Committee who shall also be entitled to exercise such power and to borrow or raise money.
LEAVE OF ABSENCE:
30. THE Committee may from time to time grant to any playing member leave of absence from practices and parades.
31. THE Committee shall obtain a written receipt for all instruments uniforms or other property issued to any member of the Band. Any member having in his possession any such instrument uniform or other property shall take due and proper care of the same and shall surrender the same to the Committee on demand and shall make good any damage or loss in respect of the same excepting only damage or loss by fair wear and tear fire or other inevitable accident without default or neglect on the part of such member.
32. THE Committee shall keep all insurable equipment and other property of the Band covered by adequate insurance.
33. IF upon the winding up of the Band there remains after the satisfaction of all its debts and liabilities any property whatsoever the same shall not be paid to or distributed among the members of the Band but shall be given or transferred to Kapiti Caledonian Society Incorporated (“the Society”} provided that this Society is at the time of dissolution of the Board in existence and qualified for registration under the Charities Act 2005. If the Society has been dissolved or is not then registered under the Charities Act 2005 such property shall be given or transferred to some other charitable institution or institutions having objects altogether or in part similar to those of the Band as determined by the members at or before the time of winding up.