3376 NEW ZEALAND GAZETTE No. 132

Chartered Professional Status (CPS) to them in their particular areas of competence. The standards required and the methods of administration shall be set by the Board through appropriate Committee/s appointed by the Board. An appropriate Register of such competent persons will be established and maintained by The Institute.

Bye-law 5

“The Board shall have the power to appoint a local correspondent, in places where there is no Branch, whose functions shall be to keep the Board informed on local conditions affecting The Institute and to investigate and advise the Board on any matter of local importance.”

Bye-law 7

“All members shall be equally entitled to the privileges of membership, provided that Corporate Members only are entitled to vote at Annual and Extraordinary General Meetings.”

Bye-law 8

“Honorary Fellows, Fellows, Members, Associates, Graduates and Students having occasion to designate themselves as belonging to The Institute, shall state the grade to which they belong according to the following abbreviated forms respectively: HonFAusIMM, FAusIMM, MAusIMM, AAusIMM, GAusIMM, SAusIMM.”

Bye-law 10

“FELLOW—All candidates for election or transfer to this grade shall—

EITHER

(a) be qualified for election as Members; and

(b) have been engaged in practising their profession in the minerals and extractive industries or in government, educational, research, professional or commercial organisations concerned with those industries for at least ten years, during which period they shall have occupied a position of major responsibility for at least five years.

OR

(c) have held a position of major responsibility in the minerals and extractive industries, government, educational, research, professional, or commercial organisations concerned with those industries for a minimum of 15 years during which time they have achieved distinction by some definite personal contribution to the science and practice of these industries either through personal participation in technical activities or through administrative direction and leadership of qualified technical personnel.

Any candidate may be required to pass an examination before a board of examiners appointed by the Board.”

Bye-law 18

“Every proposal for admission as Fellow, Member, Associate, Graduate or Student or for transfer from one grade to another shall be in accordance with the prescribed form on which, over the signature of the candidate, the name, age, usual residence and qualifications shall be distinctly stated.”

Bye-law 20

“Every proposal for admission as Student shall be signed by the appropriate Principal or Instructor under whom the Student is studying, or by one Corporate Member of The Institute.”

Bye-law 28(1)

“In this Bye-law, ‘Ethics complaint’ means a complaint that a member of The Institute has breached any obligation in the Bye-laws, the Code of Ethics or any other Code of The Institute, or any rule published by the Board prevailing at the relevant time or any alleged unprofessional conduct by a member. ‘Ethics Committee’ means a committee of not less than five Fellows of the Institute, the majority of whom must be Directors appointed by the Board from time to time to hear and determine ethics complaints. Three members shall constitute a quorum for a meeting of the Ethics Committee.”

Bye-law 28(3)

“A member against whom an ethics complaint is made shall be entitled to notice in writing of the grounds of the complaint and to a reasonable opportunity to be heard in respect of such complaint before the Ethics Committee, and the procedure to be adopted in respect of an ethics complaint shall be at the discretion of the Ethics Committee.”

Bye-law 28(7)

“The Board shall proceed to hear and determine an appeal from a decision from the Ethics Committee as expeditiously as is reasonable. The member appealing shall be given a reasonable opportunity to be heard on the appeal, but otherwise the procedure to be adopted shall be at the discretion of the Board. The Board shall decide the appeal by ordinary resolution, and shall in reaching a decision as to what should be the outcome of the ethics complaint giving rise to the appeal have all of the powers of the Ethics Committee, and may, within those powers, decide to vary the appeal that was imposed by the Ethics Committee.”

Bye-law 37

“There will be a Board of nine (9) Directors, plus the President and the immediate Past President if they are not currently elected members of the Board.

(a) The Board (and all other Institute Committees) may conduct its meetings, either wholly or partly, by using the modern means of communication, including video link and telephone conference hook-up, or the like, in ‘real time’, with votes being able to be cast in this manner.”

Bye-law 38

“PRESIDENT. After reconstitution of the Council as the Board, the President of The Institute shall be elected annually from the Board of Directors by the Congress (but a President previously elected by the Council shall take office in accordance with the Bye-laws in effect at the time of the election). The President shall hold the office for one year and may be re-elected for the succeeding year but shall then not be eligible for re-election as President until after an interval of one year.

A President elected under Bye-law 45 to fill a vacancy during a Presidential term shall be eligible for re-election for both the succeeding year and the next.”

Bye-law 39

Omit the Bye-law.

Bye-law 40

“ELECTION AND RETIREMENT OF DIRECTORS.

(a) Subject to Bye-law 47:

(i) Directors shall be elected for a term of three years; and

(ii) no Director may serve more than two successive complete terms of three years, but this subparagraph does not prevent a Director appointed to complete a term following a casual vacancy serving for two further terms after completion of the term in which the vacancy occurred.

(b) [this paragraph has been deleted]

(c) In the event of insufficient nominations being received for the vacancies in any year, the Board will use all reasonable endeavours to obtain nominations prior to the election.”