NEW ZEALAND GAZETTE

No. 154

Secretary. The manner of election of a Student shall be determined by the Council, and without prejudice to the foregoing such election may be delegated to a Committee of Council.

26. A rejected candidate for admission or transfer may be renominated when the matter which caused the rejection has been remedied.

27. A member of any grade in The Institute may resign his membership by a written communication to the Secretary, and his resignation shall be accepted by the Council when all his dues and other indebtedness have been paid provided by the By-Laws.

28. The Council shall have the right by a majority of four-fifths of its recorded votes, provided that at least half the number of Councillors vote, to suspend or expel from The Institute any member convicted by a competent tribunal of felony, embezzlement, larceny, or misdemeanour, or other offence, or for any conduct which in the opinion of the Council renders him undesirable as a member.

In the case of the Council being of the opinion that the conduct of any member warrants enquiry with a view to ascertaining whether there are grounds for his suspension or expulsion: or in case ten or more Corporate Members shall think fit to draw up and sign a proposal for the expulsion of a member on any grounds whatever and shall deliver the same to the Secretary to be laid before the Council, the Council shall appoint a Disciplinary Committee to advise whether the member so charged has a case to answer. The Committee, after having sought a statement from the member and after reference to sources selected by it in its discretion, shall recommend to Council whether or not the member has a case to answer and in the former case Council shall call upon the member to further explain that member’s position to the Committee. If the Committee finds that further explanation unsatisfactory it shall advise Council accordingly and shall recommend a penalty which may be a warning, suspension or expulsion. Council shall notify the member of the recommendation of the Committee. The member shall have the right of appeal to an Appeal Committee to be appointed by Council which shall consist of four Corporate Members who have not previously been concerned with the member’s case. The Appeal Committee shall after the conclusion of its hearing report its findings to Council. Council shall then assess the findings and recommendations of the Disciplinary Committee and the Appeal Committee and may in its discretion dismiss the charges or may confirm or modify the penalty recommended by the Disciplinary Committee.

If the charges are dismissed the member shall be advised accordingly, and no entry of the enquiry shall be made in the Minutes, but if the Council by a majority of four-fifths of the recorded votes, provided at least half the number of Councillors vote, finds good reason for expulsion on the grounds of unacceptable conduct in any respect, it shall direct the Secretary to address a letter to the person or organization proposed to be expelled requesting him to withdraw from The Institute.

If the decision of the Council be to apply a warning or suspension the Secretary shall be instructed to convey the decision to the member by registered mail and to advise him of the conditions and term of any suspension which the Council shall determine.

In the event that the member is not prepared to accept the decision of the Council he shall have the right to appeal to the President of The Institute of Arbitrators Australia to appoint an arbitrator to make a determination in accordance with the procedures of that Institute. The determination of the arbitrator shall be accepted by the Council of the Institute and by every person concerned.

30. Every member of The Institute shall observe and be bound by the Code of Ethics and the Code for Consultants as published by The Institute and as amended from time to time. Any alleged breach of these codes or any alleged unprofessional conduct by a member, which may be brought before the Council shall be investigated and, if proved, shall be dealt with in accordance with By-Law 28.

31. Entrance and transfer fees and annual subscriptions shall be fixed on the recommendation of the Council and approved by members at an Extraordinary General Meeting.

A member who has reached the age of 60 years and has a combined age plus years of paid subscription amounting to 95 may apply to pay a reduced annual subscription equal to 25 per cent of the annual subscription payable by the grade of member to which he belongs. In special cases the Council may waive these requirements.

32. Annual subscriptions shall be payable on 1st January each year. Any member elected on or after 1st July of any year shall pay the prescribed entrance or transfer fee and half the annual subscription for that year.

33. Any member whose subscription is six months in arrears shall not be entitled to receive notice of any meeting, attend, participate or vote at any meeting or business of The Institute nor shall he be entitled to receive publications until such subscription is paid. Any member in arrears for twelve months shall be reported by the Secretary to the Council, who may direct application to be made for immediate payment, and in the event of the subscription continuing in arrears for six months after the date of the said application, the Council shall have power to remove the name of the defaulter from the Register. He may be restored to membership on payment of all arrears.

Where a person has been recorded as an ‘Address Unknown’ in the records of The Institute for two years the Council may order that the member’s name be removed from the Register.

35. A member may not compound annual subscriptions for future years. Council may remit annual subscriptions compounded by a member before the date on which this By-Law takes effect, and which have not become payable by that date.

36. The Council shall consist of not more than thirty-four (34) Corporate Members composed of:

(a) Twenty (20) Corporate Members to be elected by the States in proportion to the number of Corporate Members resident therein as at 30 June of the year of election, each State to have at least one member of Council to represent it.

(b) Each Preferred Interest Division shall elect one Corporate Member to represent it on Council. Council shall define such Divisions and reconsider their definition every four years.

(c) Not more than four (4) members to be appointed by Council who shall be known as Councillors representing Australasia and whom Council deem may make a special contribution to the running of The Institute.

(d) The President if not elected from amongst the members of Council.

(e) The most immediate Past President if not an elected member of Council.

39. Vice-Presidents—There shall be five (5) Vice-Presidents elected by the Council from amongst its own members; such elections shall not create vacancies in the Council. They shall be elected on a regional basis for a two year term with two and three retiring in alternate years. Council shall define the regions to ensure a geographic representation of Vice-Presidents. Council shall redefine these regions every four years taking into account any changes in activities and distribution of the membership within the regions.

40. Election and retirement of Councillors—

(a) Subject to By-Law 47 Councillors shall be elected for a term of two years. A retiring Councillor shall be eligible for re-election.

(b) The Council shall cause to be sent to each Corporate Member, not less than 35 days before the date appointed for the Annual General Meeting, a list of the Corporate Members who are prepared to serve on the Council and a nomination form.