CONSTITUTION
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INCORPORATED SOCIETIES ACT 1908
RULES
THE DRUG AND ALCOHOL PRACTITIONERS' ASSOCIATION OF AOTEAROA-NEW ZEALAND INCORPORATED
1. Name
The name of the Association shall be the Drug and Alcohol Practitioners' Association of
Aotearoa-New Zealand Incorporated ("the Association").
2. Objects
- a. To promote professional and ethical practice as a means of reducing drug and alcohol
related harm to individuals, families and communities.
- b. To adopt and promote a set of values, a code of ethics and any other code of practice that
it may see fit to adopt and promote to enhance professional and ethical drug and alcohol
practice.
- c. To define acceptable standards of professional and ethical drug and alcohol practice.
- d. To assess, accredit and review the practice and conduct of drug and alcohol practitioners.
- e. To promote the value of and advocate for greater recognition of a professional and ethical
drug and alcohol workforce
- f. To promote and protect any benefits conferred by membership.
- g. To support, promote and advocate for the development of drug and alcohol education and
training to extend and enhance professional and ethical practice.
- h. To raise the profile, strengthen the collective identity and increase the international
recognition of drug and alcohol practitioners.
- i. To contribute to professional and public debate on drug and alcohol issues.
3. POWERS
- a. To use the funds of the Association as the Association may consider necessary or proper in
payment of the costs and expenses and furthering or carrying out the objects of the
association or any of them including the employment of counsel solicitors agents officers
and employees as shall appear necessary or expedient.
- b. To subscribe to become a member of and co-operate with any other Association whether
incorporated or not whose objects are altogether or in part similar to those of this
Association and to procure from and communicate to such Association such information as
may be likely to forward the objects of the Association.
- c. To purchase, take on lease or exchange or hire or otherwise acquire any real or personal
property and any rights or privileges which the Association shall think necessary or
expedient for the purposes of attaining the objects of the Association or its members and to
sell, exchange, mortgage, let on bail or lease with or without option of purchase or in any
manner dispose of any such property rights or privileges as aforesaid.
- d. To construct, improve, alter or maintain any building or works necessary or convenient for
the purposes of the Association.
- e. To solicit and accept funding, donations and gifts and a transfer or conveyance of real or
personal property whether subject to any trust or not to any one or more of the objects of
the Association.
- f. To establish, promote, associate with, or assist in establishing and promoting and to
subscribe to or become a member or any other Association within or outside of New
Zealand whose object are wholly or in part similar to those of the Association, or
establishment or promotion which may be beneficial to the Association, or to the drug and
alcohol profession and to form or establish any branch of this Association, within or outside
of New Zealand.
- g. 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 property and/or rights of the
Association or without any such security and upon such terms as to priority and otherwise
as the Association shall think fit and the powers contained in this clause may be exercised
by the Executive.
- h. "Notwithstanding any other provision, the Association shall not expend any money:
- i. other than to further purposes recognised by law; nor
- ii. for the sole personal or individual benefit of any Member".
- i. Any transactions between the Association and any Member, officer or Member of the
Executive, or any associated persons shall be at arms' length and in accordance with
prevailing commercial terms on which the Association would deal with third parties not
associated with the Association and any payments made in respect of such transaction shall
be limited to:
- a. a fair and reasonable reward for services performed;
- b. reimbursement of expenses properly incurred;
- c. usual professional business or trade charges; and
- d. interest at no more than current commercial rates.
- j. To do all such things as are incidental or conducive to the attainment of the above objects
or any of them and to promote any other activity not contrary to these objects.
4. Registered Office
The Registered office shall be at such a place in New Zealand as the Executive of the Association
may from time to time decide.
5. Common Seal
- a. The Common Seal of the Association shall be that adopted by the Executive who shall
be responsible for the safe custody and control of it.
- b. Whenever the Common Seal of the Association is required to be affixed to any deed,
document or other instrument, the seal shall be affixed pursuant to a resolution of the
Executive or of a general meeting of the Association, and witnessed by any two
members of the Executive or by one such member and the Secretary.
6. Liquidation of Association
The Association may go into liquidation if, at a general meeting of the Association the members
pass by a simple majority a resolution to do so, provided that this winding up resolution is
confirmed at a subsequent general meeting called for the purpose and as required by Section 24 of
the Incorporated Societies Act 1908.
In the event of the Association going into liquidation under Section 24 of the Incorporated Societies
Act 1908, the surplus assets after payment of the Association's liabilities and the expenses of the
liquidation shall not be divided amongst the members equally. At a general meeting of which notice
has been given specifying the nature of the business to be transacted, a majority of three-fourths of
the members present at the meeting may resolve to transfer such surplus assets to a Society
having similar objects to that of the Association.
7. Alteration of Rules
- a. These Rules may be altered, added to or rescinded or otherwise amended by a resolution
passed by a three-fourths majority of those present at a general meeting of which ten
day's notice has been given.
- b. Every such notice set forth the purport of the proposed alteration, addition rescission or
other amendment.
- c. Duplicate copies of every such alteration, addition, rescission or amendment shall be
forthwith be delivered to the Registrar of Incorporated Societies in accordance with the
provisions of the Incorporated Societies Act 1908.
8. Notice
Every notice required to be given to members or any one of them shall be deemed to have been
fully delivered if posted to such member in a pre-paid letter addressed to him or her at his or her
last address known to the Association.
9. Membership
Membership of the Association shall be open to persons engaged or interested in the treatment of
drug and alcohol problems.
10. Application for Membership
Every application for membership shall be made in writing to the Executive on a form prescribed by
the Executive. Provided the applicant is approved by the Executive, the applicant's name shall be
entered in the Register of Members. The Executive shall not be called upon to give any reason for
approving or not approving any application submitted to it.
11. Rules and Duties of Members
- a. No members other than those who have been accredited as competent by the
Association shall use their membership to promote or provide recognition of their
professional status.
- b. All members shall be subject to these Rules and any Regulations or By-laws of the
Association.
- c. Every member shall be provided with a copy of these Rules free of charge provided that
the charge of $2.50 shall be made for any further copies.
- d. The Secretary shall keep a Register of all members. Such Register will be open for
inspection during normal office hours by any member.
12. Cessation of Membership
- a. Any member wishing to resign from the Association shall give notice in writing to the
Executive to that effect and shall pay all subscriptions and levies due up to the date of
such notice.
- b. The Executive shall have power to remove from the Register of Members any member
whose subscription is in arrears; such power to be exercised only after a resolution to
that effect has been passed by the Executive at a duly constituted meeting.
- c. Any member who has resigned or been removed pursuant to these Rules shall return to
the Secretary any materials which he or she may have acquired as a right or privilege of
membership and also property belonging to the Association.
13. Suspension of Membership
The Executive is empowered to suspend members if deemed desirable. All privileges of
Membership will be suspended from that date until the matter under review is
resolved to the satisfaction of the Executive.
14. Review of Membership
Any complaint about any Member, whether from another Member or any other person, shall
be lodged in writing with the Secretary, and the procedures set out below shall be observed:
- a. the Executive shall have the following discretions:
- i. if the nature of the complaint indicates that the subject matter should be dealt with by
any Court or Tribunal, the Executive may decline to investigate or deal with the
complaint until any such body has dealt with the issues which are the subject of the
complaint. If the decision of any such body:
- effectively disposes of the complaint, the Executive may decide to take no further
action, or may be on the basis of that decision without further investigation take
such action as it deems appropriate, with or without calling on the complainant or
Member to provide further information or to make submissions, or
- does not effectively dispose of the complaint, the Executive may decide to
undertake such further investigations as it thinks fit, and then follow the procedures
set out in paragraph (b)(iv) to (viii) of this Rule.
- ii. the Executive may decline to investigate or consider the complaint if the nature of the
complaint indicates that the subject matter is petty, frivolous, or inconsequential;
- iii. the Executive may decline to investigate or consider the complaint if, during enquiries
being made by or on behalf to he Executive, it becomes apparent to the Executive that
it is not appropriate further to investigate or consider the complaint;
- iv. If the investigation or consideration of the complaint are likely to require extensive
enquiries, a considerable time input, be beyond the financial capability of the
Association, or after advice to the Executive from professional advisors, the Executive
may at any time decline to further investigate or consider the complaint.
- b. The following procedures shall be observed when a complaint is investigated and
considered:
- i. the Member shall be given a copy of the complaint;
- ii. the Member shall have the opportunity to provide a detailed written response to the
complaint within not less than two weeks after receiving a copy of the complaint or
such further time as may be allowed by the Executive or any special committee
established by it for the purpose of hearing and deciding upon the complaint;
- iii. further enquiries may be made by or on behalf of the Executive or any such special
committee, and the results of those enquiries shall be made known to the complainant
and the Member;
- iv. the Executive or any such special committee shall allow the complainant and the
Member the opportunity to be heard by the Executive or any special committee (and
no person who has any direct or indirect interest in the complaint or who is in any way
biased shall hear and determine the complaint.
- v. the Executive or any such special committee may:
dismiss the complaint, or
uphold the complaint and do one or more of the following:
- reprimand or admonish the member
- suspend the member from membership for a specified period
- alter the membership classification of the member
- suspend or remove registration of practitioner competency
- impose a fine on the member
- expel the member;
- vi. Members who are expelled or have their practitioner competency registration
withdrawn for reason of an upheld complaint against them, will have their names, area
and locations and details of the upheld complaint made available on the DAPAANZ
website and in the issue of the Bulletin following the completion of the disciplinary
process.
- vii. the Executive or any such special committee shall respect the confidentiality of the
proceedings, and
- viii. the decision and any reasons which may be given (without any obligation to give such
reasons) for that decision shall be conveyed to the complainant and the member in
writing, and may at the discretion of the Executive or any such special committee be
conveyed to members.
- c. The decisions of the Executive or any special committee hearing and deciding upon any
complaint under this Rule shall be final and binding on the complainant and the member
complained against, and shall not be subject to any review or challenge.
- d. A member whose membership is terminated under these Rules shall remain liable to pay
all subscriptions and levies to the end of the Association's financial year in which the
membership was terminated, shall cease to hold himself or herself out as a member of the
Association and shall return to the Association all materials produced by the Association
(including any certificates, handbooks and manuals).
15. Management by the Executive
- a. From the end of each Annual General Meeting until the end of the next, the
Association shall be administered, managed and controlled by the Executive, which
shall be accountable to the Members for the implementation of the policies of the
Association as approved by any General Meeting.
- b. Subject to these Rules and the resolution of any General Meeting, the Executive may
exercise all the Association's powers, other than those required by statute or by these
Rules to be exercised by the Association in General Meeting.
- c. The Executive shall meet at such times and places and in such manner (including by
telephone or video conference) as it may determine and otherwise where and as
convened by the Chairperson or Secretary.
- d. The Executive shall ensure that thee are to be at least two Maori members with full
voting rights represented on the Executive. This can be achieved either by annual
election from the whole membership or by subsequent co-option.
- e. The Executive may co-opt any person to the Executive for a specific purpose, or for a
limited period or generally until the next Annual General Meeting.
- f. The quorum for Executive meetings is at least half the number of the Executive
Members.
- g. Only Executive Members elected under Rule 16 or appointed under Rule 19 who are
present in person or by telephone or video link shall be counted in the quorum and
entitled to vote.
- h. The Executive may appoint subcommittees consisting of such persons (whether or not
Member of the Association) and for such purposes as it thinks fit. Unless otherwise
resolved by the Executive:
- i. the quorum of every subcommittee is half the Members of the subcommittee,
- ii. no subcommittee shall have power to co-opt additional Members,
- iii. no subcommittee may commit the Association to any financial expenditure without
express authority, and
- iv. no subcommittee may delegate any of its powers.
- i. The funds, properties and assets of the Association shall be under the control of the
Executive who shall have the power to rent, lease, furnish and deal with buildings, land
and other property of the Association as the Executive may think fit without reference to
a general meeting of members except in the case of the winding up of the Association.
- j. All legacies, endowments, donations or gifts of money or other real or personal property
unless given to the Association for any specific object shall be dealt with by the
Executive as the Executive may think fit for the general purposes of the Association.
- k. Any money of the Association may be invested by the Executive in such a manner as it
from time to time may determine.
16. Executive
The Executive of the Association shall consist of eight persons. The Executive will normally be elected at the Annual General Meeting, when members will be reminded of the need for Mäori representation and the desirability of an Executive that reflects the diversity in the makeup of the drug and alcohol profession. The Executive shall also have the power to conduct the Election by postal ballot, and they shall appoint of their number a Chairperson and Vice-Chairperson for the ensuing year. All members of the Executive shall be members of the Association.
17. Chairperson
At the meetings of the Executive, the Chairperson, or in his or her absence the Vice-Chairperson, shall take the chair and in the absence of both an acting chairperson shall be elected from the members of the Executive present. The Chairperson for the time being of any meeting shall have a deliberative and also a casting vote.
18. Quorum
Five elected members shall be a quorum at all meetings of the Executive.
19. Casual Vacancy on Executive
Any casual vacancy on the Executive may be filled by the Executive and the person so appointed shall hold office until the next Annual General Meeting of the Association. The Executive may coopt additional members to undertake specific tasks for specified periods. Co-opted members shall not have voting rights.
20. Absence from Executive
Any Executive member absent for three successive meetings of the Executive without leave of absence shall at the discretion of the Executive cease to be a member.
21. Sub-Committee
The Executive may from time to time set up any sub-committee to exercise such powers as may be delegated to it by the Executive. The members of such sub-committee shall be appointed by the Executive, members of the Association or other interested persons.
22. Power of Executive
The Executive shall take such steps as are necessary to further the objects of the Association and advance the interests of all members and in so doing shall have power to exercise all powers of the Association, save and except such powers as shall be exercised only by the Association in General
Meetings.
23. Secretary
- a. The Executive shall appoint a Secretary who shall not be an elected member of the Executive
and who shall not have any right to vote at the Executive meetings.
- b. The Secretary shall record the minutes of all General meetings and Executive meetings, and
all such minutes when confirmed by the next such meeting and signed by the chairperson of
that meeting shall be prima facie evidence that that meeting was duly called and shall prima
facie be a true and correct record of what occurred at that meeting.
- c. The Secretary shall hold the Association's records, documents, and books.
- d. The Secretary shall deal with and answer correspondence and perform such other duties as
directed by the Executive.
- e. The Executive shall have power in its discretion to suspend or remove the Secretary from
office.
24. Regulation of Executive
The Executive may regulate its own procedure not inconsistently with these Rules.
25. Annual General Meeting
The Annual General Meeting of the Association shall be held no later than the 30th day of
September in each year upon a date and at a time and place to be fixed by the Executive for the
following purposes:
- a. to receive from the Executive a report and audited balance sheet and statement of accounts
for the preceding year;
- b. to elect the Executive for the ensuing year;
- c. to consider and conduct such other business as may properly be brought forward.
All business other than set out in paragraphs 25(a) and (b) shall be deemed to be special
business of which notice must be given to members in the notice calling the meeting.
26. Notice of Annual General Meeting
The Association shall cause at least ten days notice in writing to be given to such members of the
holding any Annual General Meeting, by letter posted to such members by ordinary post.
27. Voting
At all meetings, voting shall either be by ballot, show of hands or voices depending on the wishes
of the meeting.
28. Election of Executive
The election for the members of the Executive shall be by ballot and every voter shall vote for not
less than nor more than the number required to fill the vacancy. Any voting paper not complying
with this Rule shall be deemed informal and not be counted.
29. Special General Meetings
Special General Meetings of the Association may be called at any time by the Executive and shall
be called by the Secretary upon the requisition in writing of one tenth of the members of the
Association stating the purpose for which the meeting is required.
30. Notice of Special General Meeting
The Secretary shall give at least ten days notice to all members of the holding of a Special General
Meeting by letter and such notice shall specify the nature of the business and no other business
than so specified shall be transacted.
31. General
At all General Meetings of the Association, the Chairperson, or in. his or her absence the Vice-
Chairperson, shall take the chair and if both shall be absent, a Chairperson shall be appointed from
the members of the retiring Executive present at such meetings. The Chairperson for the time
being of the meeting, shall have a deliberative and also a casting vote.
32. Procedure at Meetings
Only members shall be entitled to vote at any general meeting, and a member shall have one vote
to be exercised either personally by a representative provided that the Chairperson shall accept at
any general meeting a proxy on behalf of a member lodged at such meeting in writing signed by
the member appointing the proxy. The quorum at any general meeting shall be ten members
present either personally or by their duly appointed representative. If within half an hour of the time
appointed for the commencement of the general meeting a quorum is not present, the meeting
shall stand adjourned to a date within fourteen days of such meeting and if at the adjourned
meeting a quorum is not present, then the meeting shall lapse.
33. Majority Vote
Save where otherwise provided in these Rules any motion submitted to a meeting shall be deemed
to be carried if the majority of the members present and entitled to vote, vote in favour of the
motion.
34. Subscriptions
The annual subscription payable by members shall be fixed by the Executive from time to time.
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