Library and Information Association of New Zealand Aotearoa
Te Rau Herenga O Aotearoa

Rules of LIANZA

Rules of the New Zealand Library Association (Incorporated)
Name
Interpretation
Objects of the Association
Power of the Association
Registered Office
Membership
Honorary Life members
Overseas members
Admission of members
Register of members
Resignation of membership
Withdrawal of membership
Effect of resignation or withdrawal on registration
Financial year
Subscriptions and fees
Payment of subscriptions
Officers of the Association
National Council of the Association
Powers of the National Council
General meetings
Quorum
Voting
Proxy voting
Auditor
Pecuniary gain
Common seal
Amendment of the rules
Winding up
Indemnity
Code of Practice

Name

1. The name of the organisation shall be the New Zealand Library Association (Incorporated).

Interpretation

In these Rules, unless the context requires otherwise:

2. 'ASSOCIATION' means the New Zealand Library Association (Incorporated)
MEMBER' means any member of the Association as provided by the following rules
'COUNCIL' means the National Council of the Association
'COUNCIL SECRETARY' is the person appointed by National Council from time to time to carry out the duties of Council Secretary as defined by these Rules and the Code of Practice. The Secretary will normally be the senior employee of the Association and, if so, will operate using the title by which they are employed.

Objects of the Association

3.(i) The core object of the New Zealand Library Association (operating as LIANZA) is to support and promote the provision of quality library and information services which deliver positive economic, social and cultural outcomes for communities in Aotearoa through:

a) equitable, free access to information
b) opportunities for lifelong learning, literacy, and creativity
c) democratic engagement and participation

3(ii) In order to achieve this object, the New Zealand Library Association:

a) works with library and information organisations to support the delivery of library and information services that are vital  to the economic, social, and cultural wellbeing of New Zealand Aotearoa;
b) provides professional development services and forums to library and information professionals;
c) recognises and honours the attainment of professional standards and distinguished professionalism through professional registration, honours and awards;
d) promotes the role of library and information services in Aotearoa New Zealand and of library and information professionals;
e) promotes and encourages research into issues and challenges in the library and information profession in Aotearoa New Zealand; and
f) promotes, encourages and monitors ethical standards of conduct in the library and information profession

3(iii) The New Zealand Library Association is committed to the recognition and implementation of the Treaty of Waitangi and the role of its membership in informing and educating their communities in Aotearoa New Zealand.

Powers of the Association

4. The Association shall have the widest possible powers to do all things that may be necessary to achieve the objects of the Association, including the power:

4(i) To employ staff and engage agents and appoint representatives;

4(ii) To edit, print, publish, distribute magazines, posters, newspapers, books, pamphlets, and other literature;

4(iii) To promote branches/regions, sub-sections and special interest groups within the Association at such places and localities as may from time to time be established by the members, and to assist such branches/regions, etc., either financially or otherwise as from time to time may be decided;

4(iv) To present awards and honours;

4(v) To join and affiliate with any person or other organizations of whatever kind and having similar objects;

4(vi) To hold meetings, conferences or seminars;

4(vii) To apply for and acquire any licences or permits deemed necessary by the Association;

4(viii)To open and operate trading and savings bank accounts. The signatures of such accounts shall be as decided from time to time by the Council,

but shall be no fewer than two;

4(ix) To acquire by purchase, take on lease, or otherwise acquire any real or personal property as required to carry out the objects of the Association;

4(x) To sell, exchange, maintain, improve, lease, hire, mortgage, dispose of, manage, control, invest, reserve, or otherwise deal with and turn to account any real or personal property of the Association as required solely towards the promotion of the objects of the Association;

4(xi) To borrow or raise money by any means and upon such conditions as the Association may deem fit as required solely towards the promotion of the objects of the Association including applying for and receiving grants and donations; 

4(xii) To assist any charity or charitable purpose in New Zealand by such financial or other means as the Association may deem fit;

4(xiii) To appoint trustees of all or any of the funds or property of the Association and to vest such funds or property in such trustees;

4(xiv) To engage in prosecution, defend and otherwise take any legal action or legal proceedings on behalf of the Association or any of its affiliated bodies and for that purpose to expend such monies and employ such solicitors, counsel and other advisers as the Association may deem necessary.

4 (xv)To form a National Council or such other governing body as it determines to provide governance and to monitor the day to day operations of the Association.

4 (xvi)To form subsidiary groups based on regional location or other categories as the Association may determine but subject always to such groups adhering to the same rules and objects as the Association.

Registered office

5. The registered office of the Association shall be at such place or places as the Council shall from time to time decide.

Membership

6. Any person or organisation working in, or interested in libraries and the information industry shall be eligible for membership of the Association.

Honorary Life Members

7. Any person who is given distinguished service in furthering the objects of the Association may be elected an Honorary Life Member with full membership rights.  Honorary Life Members shall not be required to pay a subscription.

7 (ii)    Any nominations for Honorary Life Members shall be submitted to Council with supporting evidence. 

7 (iii)    Council shall consider any nomination for Honorary Life Membership at its next meeting.  No decision to reject such a nomination shall be taken without full discussion with the nominator(s).

Overseas Members

8 (i) Any person or organisation not normally resident in New Zealand and interested in the objects of the Association shall be eligible to be an Overseas Member of the Association upon such terms as the Council may from time to time decide. Any member of the Association normally resident in New Zealand shall be able to become an Overseas Member during any absence from New Zealand of not less than twelve months. Such membership shall not include the right to vote.

8 (ii) Despite having overseas members, the Association will only operate within New Zealand.

Admission of Members

9. The name of any person or organisation wishing to become a member of the Association shall be submitted to the Council Secretary on the prescribed form.

10. The Council Secretary shall action each application for membership, within one calendar month of receiving the application, and shall notify the candidate of the decision within a further 10 working days.

Council shall be notified at the next meeting after the decision.

If the applicant indicates a wish to belong to any sub-section or special interest group of the Association, that sub-section shall be notified as soon as practicable.

Register of members

11. The Council Secretary shall keep a register of members which shall record the full names and addresses of all members, with the date on which they became a member, their qualifications, and their membership categories, and any other information required for the purposes of the Association and shall notify branches/regions of new members as soon as practicable.

Resignation of membership

12. Any member can resign from the Association by writing to the Council Secretary. If the Council Secretary does not receive notification within two months after the date the subscription was due, the membership shall be suspended under the provisions of Rule 17. Resignation from the Association shall not relieve the resigning member from the payment of any monies due at the time of resignation.

Withdrawal of membership

13. The Council has the power to withdraw membership from any member whom it considers to have acted in such a way as to have seriously discredited the Association.
Withdrawal of membership under this rule shall not occur without at least two members of Council discussing the issue with the member concerned.

Effect of resignation or withdrawal on registration

14. If a member is registered by the Association then that registration will lapse upon their resignation or withdrawal.  

Financial year

15. The financial year of the Association shall begin on the first day of July each year and end on the last day of June the following year.

Subscriptions and fees

16. Annual subscriptions shall be determined by the Council and shall be paid by all members, except as otherwise provided for in the rules.

Payment of subscriptions

17. New subscriptions shall be paid in advance and are valid for twelve months from the date of the receipt of the application form and appropriate fees by the Council Secretary. Payment of subscription renewals shall be deemed to be for twelve months from the date the subscription was due. If a subscription renewal has not been paid within two months of the due date, the Council may suspend membership. If the subscription is not paid within a further two months, Council shall withdraw membership.

18. Methods for payment of subscriptions shall be as from time to time decided by the Council and publicised in the members' newsletter.

19. The NZLA Inc Council may from time to time temporarily offer special subscription rates for longer or shorter subscription periods than the standard twelve months.

Officers of the Association

20. The Officers of the Association shall consist of the President, the President-Elect, the Immediate Past President (ex-officio), the Treasurer, and the Tumuaki of Te Rōpū Whakahau.

20(i) The Association's membership shall nominate and elect a personal member annually for a three-year Presidential term, to be served as consecutive one-year terms as President-Elect, President, and Immediate Past President.

20(ii) The Treasurer, who shall be a personal member of both LIANZA and the Institute of Chartered Accountants of New Zealand (ICANZ), or equivalent professional organisation if the Institute no longer exists, shall be appointed every two years by Council.

National Council of the Association

21. The affairs of the Association shall be managed by a Council which shall consist of the Officers, plus no more than six other Association personal members elected by the membership, plus a member of Te Rōpū Whakahau elected by that membership, plus the Council Secretary.

The Council shall meet at least once a year, and shall have a quorum of seven. The quorum shall include the President or President-Elect, and at least one representative of Te Ropu Whakahau. The Council Secretary shall have speaking and initiating rights, but shall not carry a vote.

22. Councillors shall hold office for two years. Each Councillor elected by Association members shall be elected by the members in a particular region and shall represent that region on Council. The Councillor from Te Rōpū Whakahau shall be elected by the members of Te Rōpū Whakahau.

Any Officer or Councillor shall be eligible to stand for re-election.

23(i) Councillors shall take office on the first day of the financial year following their election, and shall hold office until the close of the financial year in which their successors are elected.

Following the first election for the Council after the adoption of these Rules, half the Councillors other than the Officers shall hold office for one year, and the other non-Officers shall hold office for two years.

23(ii) If, for any reason a position (other than Immediate Past President) shall become vacant, Council shall have the power to fill the vacant place, and any person so appointed shall hold office for the balance of the term of his or her predecessor in office.

Powers of the National Council

24. With the exception of specific resolutions passed at general meetings of the Association, the management of the property and funds of the Association shall be the responsibility of the Council.

25. The Council may exercise any power vested in the Association and not required by these rules to be exercised by the Association in a general or annual meeting.

The President and/or President-Elect, plus at least two other members of Council, shall have the power to make urgent decisions, which will be submitted to the next meeting of the Council for ratification.

26. The Council shall present to the members at the annual general meeting a full report of its activities during its year of office and of any matters of interest or importance to the Association which transpired during the period of the report.

The Treasurer shall present to the members audited accounts and balance sheet of the previous financial year of the Association.

These reports shall be published within three months after the end of each financial year.

27(i) The Council shall have power to appoint and to instruct delegates or representatives to bodies with which the Association is affiliated or which have provision for representation of the Association at their meetings.

27(ii) The Council shall have the power to appoint from time to time committees to deal with various aspects of the Association’s work. The powers and scope of any committee shall be as determined by the Council from time to time.

General meetings

28. The Association shall hold an annual general meeting once in every calendar year not being more than 15 months after the holding of the preceding annual general meeting, and notice of such annual general meeting shall be given in writing by the Council Secretary to all members at least one calendar month prior to the meeting.

29. A special general meeting may be called at any time on the decision of the majority of the Council at the request of 30 of the members of the Association entitled to vote. Such a request is to be in writing and shall state the purpose for which such a special general meeting is required. The request shall be addressed to the Council Secretary. Upon receipt of the request the Council Secretary shall convene such a meeting giving one calendar month’s notice to all members and specifying the intended areas of discussion.

30. Decisions made by voting members at general meetings shall be binding on the Association, given that matters have been presented to members with all required due notice.

Quorum

31. The quorum at a general meeting shall be thirty members of the Association who are present and entitled to vote.

Voting

32.  At any general meeting a resolution put to the vote shall be decided by a show of hands unless a poll is requested.

33. Any member present may demand a poll which shall be immediately taken in a manner determined by the chair and the result declared by the chair. In the case of equality of votes the chair shall have a second or casting vote.

Proxy voting

34. Any member wishing to vote at a general meeting, but unable to attend that meeting, shall be able to record a proxy vote by -

Either

(i)  authorising, in writing, another named member to vote on their behalf using the following form, which shall be handed to the Council Secretary before the meeting.

I............................... being a member of the New Zealand Library Association Inc. hereby appoint .................................as my proxy to vote for me and on my behalf at the General Meeting of the Association to be held on the ........day of .......20.. or at any adjournment thereof.

Date............... Signature........................................

or

(ii) authorising, in writing, the 'Chair of the meeting' to vote on their behalf using the following form which must be received by the Council Secretary, at the Registered Office of the Association, at least seven days prior to the date of the meeting.  This form must indicate the voting intentions of the member for each motion before the meeting.  The Chair may not exercise any proxy vote where the proxy giver's intention is not shown or is unclear.

I ........................... being a member of the New Zealand Library Association Inc. hereby appoint the Chair of the meeting as my proxy to vote for me and on my behalf at the General Meeting of the Association to be held on the ....... day of ..........20.. or at any adjournment thereof.

Date............... Signature........................................

    For Against Abstain
1. [Motion no. 1]      
2. [Motion no. 2]      
3. etc.      

35. There shall be no limit on the number of proxies a member may carry, but each proxy must be on a separate form.

Auditor

36. The accounts of the Association shall be audited by an auditor to be appointed each year at the annual general meeting and who shall be a member of the Institute of Chartered Accountants of New Zealand.

Pecuniary gain

37. No member of the Association shall receive or obtain any pecuniary gain (except in the form of salary or honoraria) from the property or operations of the Association provided that this rule shall not prevent the payment of such expenses or remuneration to members and employees of the Association as the Council shall decide.

38. It is declared that in the carrying on of any business under these presents and in the exercise of any power authorising the remuneration of members, no benefit or advantage, whether or not convertible into money or any income of any kind shall be afforded to, or received, gained, achieved or derived by any persons specified in paragraphs (a) to (d) of the second proviso to section 61 (27) of the Income Tax Act 1976, or any enactment in amendment thereof or in substitution therefore, where that person is able by virtue of that capacity as such person specified therein, in any way (whether directly or indirectly) to determine, or to materially influence in any way the determination of the nature or the amount of that benefit or advantage or that income or the circumstances in which it is or is to be so received, gained, achieved, afforded or derived, except as specifically exempted by that section.

Common seal

39.   The Common Seal of the Association shall be kept by the Council Secretary at the registered office of the Association.

40. The Common Seal shall not be fixed to a document, instrument, deed, writing, paper, or other thing unless pursuant to a resolution of the Council and in the presence of two members of the Council who shall sign the said document, instrument, deed, writing, paper, or other thing as witnesses. Each fixture of the Common Seal shall require a separate resolution of the Council.

Amendment of the Rules

41. The Rules may be altered, added to or rescinded only if a notice of the proposed amendment, accompanied by a resolution of a sub-group of the Association or supported by at least 5 personal members of the Association, has been sent in writing to the Council Secretary at the registered office of the Association at least six weeks before a general meeting of the Association and by the Council Secretary to all members at least one calendar month before the same general meeting of the Association, and has been put at that meeting and carried by at least two thirds majority of the votes cast by those entitled to vote provided that any such amendment or addition does not detract from the exclusively charitable nature of the Association.

Winding up

42.(i) Winding up shall be pursuant to the New Zealand Library Association Act 1939.

(ii) Residual funds, after payment of the Association’s liabilities and expenses shall be applied to the furtherance of the Association’s objects or to some other organisation or body having a charitable purpose within the meaning of the Income Tax Act 2007 or the Charities Act 2005.

Indemnity

43. To the extent permitted by law every Officer or employee of the Association shall be indemnified out of the funds of the Association to pay all costs, losses and expenses which any such officer or employee may incur or become liable for by reason of any contract entered into or act or thing done by them as an officer or employee of the Association or in any way discharging her or his duty, including travelling expenses, and reasonable out of pocket expenses, except such indemnity shall not apply to any officer or employee in any case of fraud, theft or other misappropriation by them.

Code of Practice

44(i) The Association shall have a Code of Practice, which shall contain the procedures and guidelines for the running of day-to-day activities, including such matters as Standing Orders for meetings and conferences and procedures for the election of officers and members of the Council.

The Code of Practice is made under the authority of the Rules of the Association and where there is any conflict between the Code and the Rules, the Rules shall have precedence.

44(ii) The Code of Practice may be amended or altered by the Council, provided appropriate consultation takes place with any part of the Association which would be affected by such amendment. All amendments shall be reported to members.

 

  • Amendments registered 13 October 2014 
  • Amendments registered 13 October 2009
  • Amendments registered 7 December 2006
  • Amendments registered 2 December 2004 (Rules 12,17 & 19)
  • Amendments registered 6 December 1999 (Rules 2, 34, 35, 36 & Council Secretary)
  • Amendment registered 27 October 1998 (Name change)
  • Amendment registered December 1995 (Rule 41)
  • Amendments registered 1994 (Partnership with Te Rōpū Whakahau)
  • Amendments registered 21 December 1993
  • Amendments registered 11 December 1992 (Name change)
  • Amendments registered 3 September 1992
  • Amendments registered 2 October 1991
  • Originally registered and incorporated 28 June 1990 (No. WIS 460105)

 

Incorporated under its own Act of Parliament (The New Zealand Library Association Act, 1939, No.17)

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