(as amended at the AGM, November 18, 2017)
Rule 1; TitleRule 2; ObjectsRule 3; ColoursRule 4; MembershipRule 5; Resignation of MemberRule 6; Fees and SubscriptionRule 7; Entry of Teams and ConductRule 8; General MeetingRule 9; OfficersRule 10; Management CommitteeRule 11; Voting PowerRule 12; Honorary SecretaryRule 13; Honorary TreasurerRule 14; Bank AccountRule 15; Control of Club FundsRule 16; Borrowing PowersRule 17; Common SealRule 18; Registered OfficeRule 19; AuditorRule 20; Winding UpRule 21; Alteration to RulesRule 22; Financial Year
The name of the Club is MELVILLE UNITED ASSOCIATION FOOTBALL CLUB hereinafter referred to as The Club.
The objects for which The Club is established are as follows:-
a) To foster, control, and encourage the game of association football, particularly in the Waikato area of New Zealand.
b) To purchase, take on lease or exchange, hire, or otherwise acquire any real or personal property and any rights or privileges which The Club may think necessary or convenient.
c) To raise money by subscription and to grant any rights and privileges to subscribers.
d) To make, adapt, vary, and publish rules, by-laws and all regulations dealing with any of the matters comprised in the above mentioned objects, and to take all such steps as shall be deemed necessary or advisable for enforcing such rules, regulation, by-laws and conditions.
The Club colours shall be a combination of RED, GREEN, WHITE and BLACK. The colours shall not be changed without the concurrence of 75 per cent of the financial members present at a General Meeting specially called for that purpose.
The Club be affiliated to the No 3 District Federation of New Zealand Football Inc, commonly known as WaiBop Federation, and shall conform to such rules and regulations as it shall deem fit and proper.
Every application for ordinary membership that is by a person for membership of The Club to become a registered player shall be made on the authorised registration form prescribed by the No 3 District Federation of New Zealand Football, or if the person is already a registered player of another club, he/she shall be required to comply with the rules of the relevant association relating to the transfer and shall duly apply for a transfer by submitting a transfer request in the prescribed manner, accompanied by a fee, where necessary.
Honorary Members; shall consist of the Patron, President, Vice President, and such other persons as may be elected to honorary membership by General Meeting of The Club. Honorary members shall not be required to pay a subscription and shall have the same rights and privileges as financial members.
Ordinary Membership; Persons wishing to become ordinary members shall apply to the Secretary and upon acceptance and payment of subscription shall be entitled to full rights and privileges of The Club.
Register; The Club shall maintain a register of all Life Members, Honorary Members, playing members and non-playing members of The Club.
Life Members; Any member, for service rendered, may be elected a life member of The Club, but only at a General Meeting of The Club, and by a 2/3rd’s majority of the financial members present. The name of any proposed Life Member must be submitted to and approved by the Management Committee prior to the election taken place. A Life Member shall be entitled to all privileges of membership including that of voting at all meetings but without liability to subscription.
Visitors; The Club also extends reciprocal visiting rights to any New Zealand Football-affiliated teams or players who are active on matchdays at Gower Park.
Any member wishing to resign from The Club must do so by sending a resignation or transfer request to the Secretary. The Management Committee shall have the power to remove from the Membership Register the name of any person whose subscription is unpaid for one season, or who commits misconduct or does not act within the interests of The Club.
The annual fees for ordinary membership and registered playing membership shall be fixed at a meeting convened under the Management Committee and that this matter be finalised no later than February 1 following the Annual General Meeting.
Every registered member of The Club shall be required to pay such fees as are fixed by the Executive Committee prior to the first official fixture. The Management Committee shall be empowered to deal with such members who fail to comply with the rule as may be considered necessary. Every offending playing member shall be dealt with as the Management Committee shall deem to be in the interests of The Club.
The Annual subscription shall be sufficient to cover such expenses as are necessary to ensure the efficient administration of The Club.
Any player member who shall be in arrears with his/her subscription to The Club without supplying a satisfactory reason to the Management Committee shall be reported to the No 3 District Federation of New Zealand Football and shall be disqualified from taking part in any match until such arrears have been paid to The Club. Having made application for membership to The Club, any person remaining un-financial after a period of one calendar month shall have their application declined until such time as the fee determined by the Executive Committee has been paid in full.
The Club shall enter that number of teams and in any division which it is capable of controlling and is authorised under the rules of the No 3 District Federation of New Zealand Football.
The Club is responsible to the No 3 District Federation of New Zealand Football for the conduct of all its players and officials.
The management Committee shall have the power to call on any player or member to explain or answer for his/her conduct.
The Club shall have the power to reprimand, fine, suspend, accept the resignation of, or expel any member who shall infringe any rules or whose actions shall in their opinion be detrimental to the interest of The Club.
The Annual General Meeting of The Club shall be held not later than November 30th in each year. At least seven day’s notice of such General Meetings shall be advertised on the club’s website or in external media; or given to members by the secretary, together with an agenda specifying the nature of the business to be transacted.
The Management Committee shall also have power to call an Extraordinary General Meeting.
Five or more financial members shall be required to form a quorum at any General Meeting.
Every question submitted to a meeting shall be decided by a show of hands, on the voices, or by Ballot as the chairperson may direct.
Except where these rules otherwise direct a resolution shall be carried by a simple majority of the financial members present and voting.
The chairperson of The Club shall preside at all meetings of The Club unless he/she is unavailable and then he/she shall appoint a nominee.
The officers of The Club shall be elected at the Annual General Meeting and shall consist of all or any of the following;
Patron
President
Vice Presidents (number not limited.)
Chairperson
Honorary Secretary
Honorary Treasurer
The Management Committee shall be elected at the Annual General Meeting and shall consist of President, Secretary, Treasurer, and up to twelve (12) other members.
Five (5) members shall form a quorum for the Management Committee.
Each officer of The Club shall be entitled to attend and vote at all General Meetings, and may attend any or all Management Committee Meetings.
The Management Committee has power to appoint sub-committees but such shall be subordinate to the Management Committee. After that, the Management Committee has the power to co-opt members. Such members shall not have the right to vote.
Any member of the Management Committee absenting themselves from three consecutive meetings of the committee without reasonable excuse shall be deemed to have vacated his/her seat on the committee.
Nominations for seats on the Management Committee may be sent to the Secretary prior to the Annual General meeting. Should sufficient nominations be not forthcoming (including retiring members who seek re-election) the Chairperson of the Annual General Meeting may accept nominations at the meeting.
The Management Committee shall have power to deal with all matters concerning the appointment of any officers for special duties, the interpretation of these rules, and the determination of any matters not specially provided for therein.
The resolutions and decisions of the Management Committee shall be binding upon all members of The Club until they are rescinded or varied by the vote of the majority of financial members present and voting at a General Meeting.
No association football match shall be played under the name of The Club without the sanction of the Management Committee.
At the Annual General Meeting only financial members (those who have met the terms of their annual subscription), honorary members and life members may vote. Proxy votes are allowed as long as both the nominee and nominator are financial members and the proxies are lodged with the Chairman in writing before the start of the meeting.
Vacancies occurring during the year amongst any officers or members of the Management Committee may be filled by resolution of the Management Committee and shall be subject to confirmation at the earliest General Meeting.
The Honorary Secretary shall conduct the correspondence and have custody of documents belonging to The Club. He/she shall notify members of the committee at least three (3) clear days prior to any Committee and General Meeting. He/she shall keep full and correct minutes of all Committee and General Meetings, and produce them at all meetings and shall file all records and communications connected with The Club.
The committee shall have power to grant an honorarium to the Honorary Secretary as the Annual General Meeting may decide.
The Honorary Treasurer shall receive all monies due to The Club and His/Her receipt shall be a sufficient discharge. All monies so received shall be paid by him/her into The Club account at the Bank, or such other bank as the committee determines.
He /she shall submit at the Annual General Meeting an account of his/her receipts and disbursements and a statement of the assets and liabilities that have been reviewed, unless prepared by a chartered accountant.
The committee shall have power to grant an honorarium to the Honorary Treasurer as the Annual General Meeting may decide.
The funds of The Club shall be lodged with the bank as the Management Committee may determine. Trustees to operate thereon to be appointed from time to time by resolution of Annual General meeting or Management Committee.
The funds of The Club shall be in the absolute control of the Management Committee but subject to all general directions from time to time given by financial members of The Club during any General Meeting.
The Management Committee shall have power to raise any sum of money for any of the purposes set out in rule 15 hereof, and, or, to pledge, mortgage, or give security for such monies over any of the assets of The Club both real and personal.
The Common Seal of The Club shall be kept in the custody of The Club Secretary and shall be affixed to any necessary document.
The registered office of the club shall be Gower Park, 49 Alison Street, or such other place as shall from time to time be fixed be the Management Committee. Notice of the situation of such registered office shall be forthwith given to the Registrar of Incorporated Societies, as also shall any change therein.
The auditor shall be elected at the Annual General Meeting, and it shall be his/her duty to examine the Treasurers Balance Sheet and all accounts relating thereto, and if he/she shall find the same to be correct he/she shall certify the same.
The Club may be wound up upon a resolution to that effect being carried be a majority of financial members personally present at a Special General Meeting of The Club called for that purpose, and so confirmed at a subsequent General Meeting called for that purpose and held not earlier than thirty (30) days after the date on which such resolution was passed, and in the event of such resolution being carried and confirmed the property and effects of The Club shall be handed over to a trust, formed for the purpose of deciding the outcome of The Club assets, for a period of up to five (5) years.
No rule of The Club shall be repealed or altered and no new rule shall be made save by a majority of 2/3rd’s of the financial members present and voting at a Special General Meeting or the Annual General Meeting of The Club, and that fourteen (14) clear days notice of his/her intention to propose any new rule or alteration shall be given to the Secretary who shall give notice to the members of the same by circular or advertisement at least seven (7) clear days before the Special General meeting or Annual General Meeting being held.
The financial year of The Club shall commence on the first day of October in each year and shall conclude on the last day of September next following.
This code of conduct is designed to ensure that every club member, player, coach, administrator, employee, service provider and supporter adheres to a set of values that promotes Melville United as a fair and ethical club where football is nurtured and all generations can enjoy the beautiful game and the company of fellow club members as well as visiting teams / supporters.
Respect the rights, dignity and worth of others.
Be fair, considerate and honest in all dealings with others.
Be professional in, and accept responsibility for, your actions.
Make a commitment to providing quality service and performance.
Be aware of, and maintain, an uncompromising adherence to, standards, rules, regulations and policies.
Operate within the constitution, regulations, policies and procedures of Melville United, NZ Football and FIFA.
Understand the possible consequences of breaching NZ Football’s Code of Conduct.
Immediately report any breaches to the appropriate authority.
Comply with any and all the applicable national or local legislation.
Refrain from any form of abuse towards others.
Refrain from using abusive language.
Refrain from any form of harassment towards others.
Refrain from any form of discrimination towards others.
Refrain from any form of victimisation towards others.
Reject corruption, drugs, racism, violence and other dangers to our sport and club.
Promote the interests of football.
Provide a safe environment for the conduct of activity in accordance with relevant Melville United and NZ Football policies.
Show concern and caution towards others who may be sick or injured.
Be a positive role model.
Do not provide comment to any media or publish any comment (including on any website) on behalf of Melville, NZ Football or its Federations except where specifically authorised to do so.
Never act in a way that may bring disrepute or disgrace to Melville United, NZ Football, its stakeholders and/or its sponsors.
Do not participate (or benefit from assisting others involved) in sports betting or gambling activity associated with football matches and/or football results in which you are participating or have been directly involved in.
Play to win but play fair.
Never argue with or verbally abuse an official; observe the Laws of the Game.
Accept defeat with dignity.
Conduct themselves in a sportsman-like manner and respect fellow players, coaches, managers and referees and the achievements of opponents.
Not bully or take an unfair advantage over another competitor.
Cooperate with their coach, manager, team mates and opponents.
This code is based on the NZ Football Code of Conduct and is intended to provide a safe environment to players, officials and spectators. Some additions, changes and deletions have been made to suit the Melville United club.
TERMS OF USE
The words “we” and “our” where used in these Terms of Use mean Melville United, which is the trading name of Melville AFC.
Melville United allows Members to pay for registration charges through MyCOMET.
As such, all transactions made via MyCOMET for Melville-administered charges or purchases are subject to these Terms of Use.
These Terms of Use are a contract between you and Melville United, separate to the conditions of membership (which can be found HERE). Please read these Terms of Use carefully. By making payment you acknowledge that you have read, understood, and accept these Terms of Use.
1. Definitions
1.1 – MyCOMET means the online member portal utilised to register and access the payment gateway.
1.2 – Paymark means the payment gateway used to make payment for products and services via MyCOMET.
1.3 – Analyticom – means Analyticom, the official national registration system provider, and provider of MyCOMET.
1.4 – Terms means these Terms of Use.
1.5 – Fees means the costs and/or additional fees which may be payable for the use of Payment Services.
1.6 – Online EFTPOS refers to the method of payment directly from a mobile banking app.
1.9 – Payment Services means MyCOMET, and Paymark.
2. Payment
2.1 – Payment can be made via Credit / Debit card; Online EFTPOS.
2.2 – All credit/debit card purchases will appear from “Melville United” on your statements.
2.3 – Melville United is a New Zealand-based and New Zealand-owned organisation, with all transactions in New Zealand Dollars (NZD), unless explicitly outlined prior and/or at point of purchase. All fees are in NZD and are inclusive of tax unless explicitly outlined at point of purchase.
2.4 – We may charge a Fee as advertised via Payment Services for their use.
3. Use of Payment Services
3.1 – You agree to not use MyCOMET for any improper, injurious, offensive or unlawful purpose.
3.2 – You will pay all Fees payable for the Payment Services at the time of online transaction by credit card or Online EFTPOS. We reserve the right to amend any Fees from time to time, and to adjust any Fees recorded on the Payment Services if the price recorded is incorrect.
3.3 – If you are using a credit card, you represent and warrant that the credit card is issued in your name and that you shall pay to the credit card issuer all Fees incurred through the use of Payment Services. These charges may include card tokenisation and/or transaction fees.
3.4 – Upon commencing a transaction through MyCOMET you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct. We shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of providing Payment Services or for loss of data or information caused by factors outside of our control.
3.5 – We also use a payment gateway operated by Paymark for transactions incurred via MyCOMET. Paymark will collect information about you (including information about transactions processed by you) from time to time through Paymark. Any such information collected shall be treated in accordance with the Paymark Privacy Policy which can be found HERE.
4. Refunds Policy
4.1 – Refunds are at the sole discretion of Melville United. Any requests for refunds will require the authorisation of the Chairman or a delegated financial officer of Melville United. If your refund request is accepted, the refund will be transferred back to the originating credit card, nominated account, or held to your credit against future invoices. No cash refunds will be given.
4.2 – In the case of overpayment, a refund will only be provided when it has been proven that there has been an overpayment or where we are obliged to provide a refund by law. When applying for a refund you must provide us with proof of the overpayment or provide reasons why the refund should be made.
5. Information Security
5.1 – SSL protocol (2048-bit) is used to encrypt all data transferred over the network. However, you acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send through MyCOMET (including credit card information) may be read or intercepted by others, even where MyCOMET, and/or Paymark is stated as being secure. Neither we, nor Paymark shall have any liability for the interception or ‘hacking’ of data through the any of the aforementioned services by unauthorised third parties.
6. Limitation of Liability
6.1 – We accept no liability or responsibility for the refusal or reversal of payments which are matters between you and your credit card provider.
6.2 – We cannot warrant that the E-Commerce Process, and/or your use of our E-Commerce Services will be faultless, immediate, continuous, and virus free, nor that information provided through the E-Commerce Process will be complete, accurate or up to date. We will endeavour, however, to ensure the E-Commerce Services are available at all times, subject to maintenance.
Harassment, including sexual or racial harassment, is unwelcome, unsolicited and unreciprocated behaviour by a person or group that may offend, humiliate or intimidate another. Harassment can take different forms including oral, written, physical or other non-verbal forms. Such behaviours are considered harassment when they are repeated of such a significant nature threat they have a detrimental effect on the recipient’s ability to engage in normal activities within the club environment.
If a complaint is made, Melville United will ensure allegations are responded to promptly and all parties will be treated fairly and in line with natural justice.
The member should appropriately make the person aware that the behaviour or material is unwelcome and /or offensive in the first instance. For more serious issues, or if is too difficult to inform the person, or if the unacceptable behaviour continues, the member should report the complaint to a club representative.
Where the complainant wishes, the club representative may speak to the alleged harasser on their behalf. This may result in issues being resolved, or mediation or reconciliation may be suggested as an option.
Mediation should treat the complaint not as an offence but as a breakdown in a relationship. The aim of mediation is not to establish whether the harassment allegations are true, or to apportion blame, or to supply justice for a wronged person.
Rather, mediation focuses on repairing the relationship, especially on forging an agreement between the parties over how they will act towards each other in the future. The person selected to carry out the mediation/reconciliation shall be agreed to by both parties.
Formal resolution may be appropriate where: the nature of harassment is serous; or informal resolution is not considered appropriate or has failed. Should a formal investigation be deemed appropriate an investigator may be appointed. An investigator may be a committee member or an external person. Parties should be offered external support.
A formal investigation is likely to involve the following:
A formal written complaint is received by the team manager/ club representative. The investigator (either the committee member or an external person) interviews and obtains from the complainant a detailed account of the allegations, identifying any potential witnesses; physical evidence of harassment
All parties should be advised against discussing the case openly.
The alleged harasser is notified that a complaint of harassment has been made and of the identification of the complainant.
The investigator will meet with the alleged harasser, provide them with a copy of the complainant’s allegations and ask them for their response; any alternative explanation he or she has; potential witnesses; any physical evidence that may refute the allegation.
Additional information may be gathered if necessary and this may include interviewing of other names relevant parties, recording dates, times, dates and alleged events using the witnesses words and checking with the witness to ensure accuracy
All parties involved in the investigations should be advised that the complaint is to be treated in strict confidence
All parties should be invited to bring a support person to the interview.
Following a formal investigation a formal report shall be prepared and shall include a finding as to whether harassment has occurred or not. There may be little direct proof that what was alleged did happen. On the balance of probabilities, the investigator should be satisfied that the allegations are correct before making a decision that the complaint is well founded. The investigator may feel unable to decide one way or the other on the evidence. In this case the decision will be that the complaint cannot be established. If harassment is found to have occurred, the Chairperson will determine the appropriate course of action.
All meetings, discussions and interviews should be fully documented throughout the investigation.
If the allegation is of a sexual nature, involving a minor, the NZ Police must be notified immediately.
We want children and young people who participate in football to have a safe and happy experience. We support and respect our children, young people, staff and volunteers.
The policy is called Melville United Associated Football Club’s Child-safe Child-friendly Policy
Our policy guides staff, volunteers and students on how to behave with kids in our organisation. The policy focuses on how we can promote kids’ participation in our organisation and make it safer for them.
Melville United Associated Football Club supports the active participation of kids in our organisation. We listen to kids’ views, respect what they say and involve them when we make decisions, especially about matters that will directly affect them.
We promote respect, fairness and consideration for all staff, volunteers and students.
All staff, volunteers and students have more senior officer assigned to support and supervise their work.
All new staff, volunteers and students will receive a copy of the Child-safe Child-friendly Policy, Code of Conduct and Dealing with Complaints process.
Statement- e.g. our organisation will maintain a rigorous and consistent recruitment, screening and selection process.
Practice- (refer to HR Policy Practices)
Outline the organisational procedures for kids and workers to raise concerns or complaints
Appoint a Child Safety Contact Person to manage all complaints
We will hold regular information session for staff, volunteers and students.
Our policy will be discussed during induction sessions for all new staff, volunteers and students
Kids and parents joining our club will receive a copy of the Policy, Code of Conduct and Dealing with Complaints process.
Parents will receive a copy of the Parents Guide to Protection Issues.
The policy and guidelines will be reviewed every two years and incorporate comments and suggestions from children and young people, parents, staff, volunteers and students
The principles of the Privacy Act 1993 will be reflected in the activities of Melville United AFCNote: Refer the Privacy Act 1993
Personal information collected by Melville United AFC will be for a necessary and lawful purpose connected with the activities of Melville United AFC.
Personal information will be collected only with the knowledge and informed consent of the individual concerned.
For player registration purposes, team coaches or managers may ask players for this information and then pass it onto Melville United AFC. Melville AFC may in turn pass this information onto WaiBOP Football Federation & New Zealand Football.
Melville United AFC will not disclose personal information to anyone other than the individual concerned unless; disclosure is for the purpose the information was obtained, source of information is publicly available, disclosure is authorized by the individual concerned, disclosure is necessary to prevent or lessen serious threat to public health or individual’s life or health.
Personal information will be stored to meet the requirements of the Privacy Act 1993.
The Club Secretary will act as the Privacy Officer.
Review Date – September 2020 (last revision of this policy)
1. Consent under the Privacy Act 1993
I understand that by registering on the National Registration System I have agreed to these terms and conditions and have provided my consent as outlined below:
a. New Zealand Football Incorporated (NZF), Waikato Bay of Plenty Football (WaiBOP), and the members’ club may collect and use the personal information given at registration for:
i. The general administration of the game of football, including statistical analysis and research and player welfare (including the sharing of such information with my Club and Federation);ii. Use in newsletters and other football related communications;iii. The promotion of the game of football, including the marketing to members by sponsors of the game of football or commercial partners and/or agencies of the aforementioned listed above.iv. For the furtherance of the purposes stated above the personal information may be provided (in whole or in part) to Sport NZ, NZ Olympic & Commonwealth Games Association, NZ Sports Drug Agency or any other similar organisation.
b. Personal information which includes name, date of birth and current and past organisation registrations will be shared between Clubs and Federations for the purposes of registrations and transfers. For avoidance of doubt, this does not include information about how I may be contacted. This information can only be accessed by me, the organisations I belong to, and NZF.
c. I acknowledge that my personal information is required in order for me to register on the National Registration System and subsequently to process the registration of my membership.
The information is collected, by NZF (whose offices are located at Football House, QBE Stadium, Stadium Drive, Albany, Auckland 0632), WaiBOP and the members’ club, and held by a third-party provider “Analyticom” located at 17a Piemark Drive, Rosedale, Auckland, New Zealand
I acknowledge my rights of access and to seek correction of my information by contacting NZF.
2. Code of Conduct and Code of Ethics
I agree to abide by the NZF’s Code of Conduct and Code of Ethics and acknowledge that any breach of the codes, or any part of them, may result in disciplinary action under NZF’s constitution, regulations, and policies.
Click HERE to view Code of Conduct and Code of Ethics
3. Correspondence
In registering with NZF, and/or an NZF affiliated Federation and/or Club, I hereby consent to the receipt of electronic messages in accordance with the Unsolicited Electronic Messages Act 2007, in relation to football matters, players, the administration of the game, football related events in relation to the purposes set out in 1(a) above, that may interest me.
4. Health & Safety
I agree to comply with my duties in accordance with the Health and Safety at Work Act 2015 (Act) including:a. Taking reasonable care of my own health and safety;b. Taking reasonable care that my acts or omissions do not adversely affect the health and safety of other persons; andc. Complying, as far as I am reasonably able, with any reasonable instruction that is given by the person conducting a business or undertaking (PCBU) to allow the PCBU to comply with the Act or regulations.d. I understand that it is my responsibility to make known any relevant medical and/or dietary information to the affiliated member entities that holds my registration.
5. Photo Use Approval
I give permission for my name and/or image to appear on NZF’s, WaiBOP’s and the members’ club’s website(s) and on other social media or networking websites utilised by NZF, WaiBOP and the members’ club including, without limitation, Facebook and Twitter (for avoidance of doubt, other personal information will not appear unless specifically provided for such purpose) for media and promotional purposes connected with the game of football. My name and/or image may not however be used as a “hero” (ie standalone) image for any advertising or promotional material without my written consent and, where required by law, the written consent of a parent or guardian. In reasonable circumstances I may also request that my name and/or image be removed for privacy reasons.