Kia ora,

The AGM held on 25 September 2022 it was agreed that the current Rules of the New Zealand Society for Music Therapy would be sent out to members so that it is easier to understand the changes made to the new draft constitution.  It was further agreed that the new constitution would be sent out with the changes identified.  Feedback to be received by 31 October.

Background

As advised in the AGM papers the new draft constitution has come about due to significant changes to the Incorporated Societies Act 2022; further regulations are yet to be finalised and these may include further changes being made to the draft.

The document was tabled at the AGM with the hope of getting feedback from members on the revised and new content.  While every endeavour has been made to identify where changes have taken place and provide a link to the existing Rule number, sometimes this has been difficult. If anything is missed, it is not by intention, and Council would appreciate hearing from anyone if you find such information.  This is because in many cases the new wording incorporates the intent of the existing rules, but is not necessarily in the same order or same wording.

The new structure is based on an online tool provided by the Companies Office Incorporated Societies webpage and called a “Constitution Builder”.  The Council felt it was better to provide a new fresh set of rules which was based on an authoritative website and it was assumed based on modern practice and the Act. A “model” set of rules in produced using the tool.  The changes to the new Act have yet to be added to the their website, but the new draft constitution for MThNZ has included additions taken from the Act. All current requirements in the rules were further added.

Thus the new draft constitution includes:

Constitution builder model set of rules

Changes to new Act

All current requirements under the existing rules.

Major changes to the existing rules:

1. Rules are now called aConstitution
2. New definitions are included which define the use of the word throughout the document
3. Objects are now called Purposes – the current Objects and some Powers are included
4. Categories of Members are considerably more defined, and include consent to be a member, the process to become a member, obligations and rights, subscriptions and fees, and ceasing to be a member.
5. Meetings and procedures are expanded and include voting and a quorum.
6. The Council is renamed a Board to fit with modern practice and includes a Chair and Deputy Chair.
7. The duties and qualifications of a Board member are set out and this is a major change from the new Act.
8. The Election and term is spelt out in more detail although incorporating the intent of the current rules.
9. Insurance and indemnity is a new addition from the new Act.
10. The removal and/or cessation of a board member is covered in detail.
11. A new Records section is added that includes requirements for a register of members and its content.
12. A new section called Register of Interests and Other Information is added.
13. A Finances section is added that includes any item from the current rules and is set out in a new format and wording.
14. A Disputes Resolution clause is added, a requirement under the new Act.
15. A new rule for the Contact person of the organisation.
16. A new rule for Bylaws.
17. An appendix is added to cover all processes for the Board including the election, Positions and duties, sub committees including the Registration Board, procedures, general issues, use of information and advice, and conflicts of interests.  A number of rules include the current provisions and are included but in a different structure and numbering.

Changes have been included in RED with the number of the current rule.

When a rule is substantially the same, a word change will be highlighted in red.

Please contact me or Barb Lewis if you have any questions, don’t understand any change or want some form of explanation.  Or if you have general comments then please email to the Executive Officer please.  These will be consolidated and included in a feedback report to the Council meeting in late November along with feedback from the Society’s solicitor.  Further consultation will continue with the membership together with legal advice; this is a starting point, not the end.

Executive Officer:  helen@musictherapy.org.nz

Administrator:  admin@musictherapy.org.nz

Please forward all comments by 31 October.  Thank you for the time you have taken to read and understand the changes.

I look forward to your comments

2022-09-30 Constitution NZSMT & current rules comparison V5 (1) (1)

2020-11 RULES OF NZSMT UNDER THE INCORPORATED SOCIETIES ACT 1908 (2)