NZOHS Constitution Rules

Adopted 18th May 2016

  1. Interpretation and Definitions

    1. In these rules unless the context otherwise states ‘Society’ means the New Zealand Occupational Hygiene Society Incorporated.
    2. “National Management Council’ (hereinafter called “the  council”)  is  that body of members elected by the members of the Society for the purpose of directing the affairs of the   Society.
    3. “Seal” means the common seal of the Society.
    4. “Act” means the [national regulations] or its’ subsequent revisions and amendments;
    5. “Committee” means a group of Society members appointed by Council for a particular function associated with the business of the Society;
    6. “Council of the Society” has the same meaning as “Committee of Management” in the Act and “Council” means the Council of the Society.
    7. “Entitled member” is a member who is entitled to vote at meetings of the Society;
    8. “Financial year” means the year ending on 30 March;
    9. “General meeting” means a general meeting of members convened in accordance with Rule 16;
  2. Name and Registered Office

    1. The name of the Society is the New Zealand Occupational Hygiene Society Incorporated
    2. The registered office of the Society shall be in such place as the Council shall from time to time decide.
  3. Objectives of the Society

    1. To further the practice, professionalism and recognition of Occupational Hygiene in New Zealand.
    2. Promote and maintain a high standard of ethics in the practice of occupational hygiene.
    3. Improve the calibre of practitioners of occupational hygiene within New Zealand by promoting and co-ordinating vocational training and by encouraging the further development of, and seeking to promote the status of, occupational hygiene as a profession throughout New Zealand.
    4. Improve, promote and develop the professional practice of occupational hygiene so as to improve and protect worker health and well being throughout New Zealand.
    5. Promote the exchange of information about occupational hygiene among organisations and individuals nationally and internationally, e.g. through the organising of conferences and networking through websites;
    6. Collaborate and cooperate with other societies, national and international organisations in the promotion of occupational hygiene for the protection of work force;
  4. Activities

    The society may

    1. engage in any lawful activity that contributes to the attainment of its objectives.
    2. Set standards of professional competence and maintain a register of those members who meet its standards;
    3. Prepare and publish standards relating to the teaching and training of occupational hygienists;
    4. Make representations on matters within the competence of its members to governments, industry and trade unions;
    5. Promote, research, publish scientific and technical papers;
    6. Collect, order and disseminate information on any or all aspects of occupational hygiene and allied subjects;
    7. Conduct conferences, public meetings, exhibitions and courses of instruction.
  5. Alteration of the Constitution

    1. This Constitution of the Association must not be altered except in accordance with the Act.
    2. Alteration of the Constitution shall be proposed in a written Notice of Motion addressed to the Secretary. Upon receipt of the Notice of Motion, the Secretary will fix a date for the holding of a Special General Meeting of the Institute.
    3. No alteration, addition or rescissions shall be considered unless the member is fully financial and is supported by the signature of a further financial member.
    4. No business other than that set out in the Notice convening the meeting shall be transacted at the meeting.
    5. The proposed alteration shall be passed if passed by a majority of not less than three-fourths of the entitled members who vote, whether in person or by proxy, at the Special General Meeting.
  6. Membership

    1. There shall be two grades of membership of the Society, as set out in clauses 6.2 and 6.3
    2. Fellow member – An applicant may be considered as a ‘Fellow’ where they meet the following:
      1. To have been a Full Member of NZOHS for at least five years;
      2. To have worked for more than fifteen years in a professional capacity in the field of occupational hygiene or one of its specialist branches;
      3. To have made a distinguished contribution to the advancement of the profession of occupational hygiene and NZOHS.
      4. To have actively participated in the council of NZOHS.
      5. To be nominated by a Full or Fellow member of NZOHS and to be seconded by a Full or Fellow member of NZOHS.
      6. Fellow members of the Society shall be entitled to use the initials FNZOHS.
    3. Full member – A candidate for admission as full member shall be required:
      1. To have a degree or diploma in Science or Engineering acceptable to the Council, or an equivalent qualification acceptable to the Council; and
      2. At the time application for membership is made to be working in the field of occupational hygiene or one of its related branches; and
      3. To have worked for more than five years in a professional capacity in the field of occupational hygiene or one of its specialised branches; and
      4. To demonstrate to the Council the professional level of hygiene work they conduct by providing two reports of occupational hygiene assessments, surveys, papers or lectures conducted and written by the applicant. Professional level indicates a high level of occupational hygiene (or a related branch) advice or assessment
        ideally covering anticipation, recognition, evaluation and control aspects, and
      5. To sit an oral examination to demonstrate to the Council a satisfactory level of professional competence.
      6. Full members are required to abide by the NZOHS continuing professional development system and maintain the required points in the required time period. Full members of the Society shall be entitled to use the initials MNZOHS.
      7. If the applicant specialises in only one specific field of occupational hygiene they shall be entitled to use the initials MNZOHS followed by their specialisation e.g. MNZOHS (asbestos).
    4. Technician member – A candidate for admission as technician member of the society shall be required:
      1. To have a first degree or diploma in Science or Engineering acceptable to Council, or have successfully completed a Council accepted modular course;
      2. At the time application of membership is made to be working in the field of occupational hygiene or one of its specialist branches;
      3. To have worked for at least one year in the field of occupational hygiene or one of its specialist branches;
      4. To demonstrate to the Council that an acceptable level of understanding of the basic principles of occupational hygiene has been achieved by providing a copy of one report conducted and written by the applicant in an occupational hygiene field.
      5. Technician members of the Society shall be entitled to use the initials TNZOHS.
      6. If the applicant intends specialising in only one field of occupational hygiene they shall be entitled to use the initials TNZOHS followed by their specialisation e.g. TNZOHS (asbestos).
      7. Technician members can opt in to the NZOHS continuing professional development system but are not required to do so.
    5. Associate member – A candidate for admission as associate of the society shall be required:
      1. At the time application is made to be working in the field of occupational hygiene or in a closely allied field of scientific endeavour, or have an interest in occupational hygiene; or
      2. To demonstrate their activities and/or interests are consistent with some or all of the objectives of the society.
      3. An associate cannot claim post nominal ‘NZOHS’ titles.
    6. The Council may accept any application for membership if it is considered that the application is in the best interests of the Society.
    7. The Council may at any time amend either
      1. the number of membership grades
      2. the title of each membership grade
      3. the entry requirements to each membership grade
  7. Membership Subscriptions

    1. Every member of the society shall pay a yearly subscription as fixed by the Council. Every member shall, to remain financial, pay the subscription on or before the 28th February each year or as required by the Council.
    2. The receipt of the Secretary or Treasurer shall be sufficient discharge of the member’s liability for payment.
  8. Register of Members

    1. The Secretary shall cause to keep a Register of Members which shall contain the grade of membership.
    2. Any member shall have the right to request and receive within 30 days a copy of the information recorded under their name in the Register of Members.
    3. A member who is dissatisfied with the information recorded under their name in the Register of Members may appeal to the Council to redress the grievance.
    4. The information kept in the register of members is to be used solely for the purposes of the Society.
  9. Cessation of Membership

    1. Any member wishing to resign shall forward a written resignation together with any relevant membership documentation and shall pay all subscriptions, fees and dues outstanding.
  10. Duties and Privileges of members

    1. If a member fails within the time directed by the council to pay the annual subscription provide for by rule 7 or fails within 90 days of the annual general meeting at which the same is levied to pay the sum of money provided for by rule seven then the council may notify the member in writing that failing payment within ten days such members membership shall cease.
    2. The council may resolve to expel a member if in the view of the council any act or omission of such member is likely to cause disharmony among members of the association or to bring the society or the occupational hygiene industry into disrepute but the council shall not so resolve without first;
      1. by not less than 21 days notice in writing particularising to the member in question the ground on which expulsion is contemplated; and
      2. hearing and considering such representations and evidence as the member in question either personally or through counsel may adduce. The association shall accept no liability for the costs of the member in question.
  11. Council

    1. The Council shall consist of the following members
      President
      Vice-President
      Secretary
      Treasurer
      Three other members known as ordinary members
    2. Every member of the Council shall hold office for a term of two years except as otherwise provided for in these rules. A member may be returned to office any number of times.
  12. Election of Council

    1. The election process shall take place in May of every second year and shall be by ballot.
    2. The Council shall be elected by a majority vote of members.
    3. A minimum of two members of the Council will appoint a returning officer to organise and conduct the ballot.
    4. Non-financial members shall not be eligible to vote, stand for, or hold office.
    5. Any member of the Council, who resigns, shall do so in writing to the President.
    6. Where an elected member fails to complete the full term of office then a notice for nominees or volunteer to fill the position until the next election of officers takes place.
    7. There shall be no more than one associate member on council at any one time. This member may only hold ordinary membership on the council.
  13. Meetings of the Council

    1. The Council shall meet in each year at such times and places as it may from time to time decide.
    2. At least fourteen days notice of any such meeting shall be given by the Secretary to all Council members.
    3. Failure to attend two consecutive meetings of the Council without adequate excuse may result in suspension from office for the balance of the financial year.
    4. The Council will be sole judge of what constitutes an adequate excuse.
  14. Conduct of Meetings of the Council

    1. In the absence of the President, the Vice-President of the Society shall preside at each meeting. In the absence of both then another Council member nominated by the President shall act as chairperson.
    2. All decisions of the Council require the majority support of the members of the Council. In each case of the vote being tied the Chairperson has the right to make the casting vote.
    3. Minutes of all meetings shall be kept by the Secretary and copies shall be promptly distributed to all members of the Council.
  15. Duties of the Council

    1. The Council shall direct the affairs of the Society. This shall include;
    2. Developing policy and instructions in order to implement and carry out the objectives of the society
    3. Maintaining a national register of memberships
    4. Organising and conducting conferences, seminars, meetings and ballots of members as and when required.
    5. Communicating regularly with the membership
    6. Investing, borrowing and dealing with the monies of or on behalf of the Society as it determines.
    7. Delegating authority to make or publish statements on behalf of the Society.
    8. Carrying out such other things as are incidental or conductive to the attainment of the objectives of the Society.
  16. Quorum of the Council

    1. At all meetings of the Council the quorum necessary for the transaction of business shall be four of the elected members of the Council
    2. A meeting of the Council at which a quorum is present shall be authorised to exercise all or any of the powers and discretion of the Council.
  17. Annual General Meeting

    1. The annual general meeting of the Society shall be held in May of each year at such time and in such place as the Council determines.
  18. General Meetings

    1. At all general meetings of the Society, where 20% of the financial members are present shall constitute a quorum.
    2. The Secretary must summon a special general meeting whenever requested to do so by not less than 20% of the financial members of the Society, or by four members of the Council. Such requests shall be in writing and express the object for which the meeting is called.
    3. Voting shall be by voice with each member present having one vote. Should any two members present so desire, then the Chairperson shall call for a show of hands. Members not present at a General Meeting shall be able to cast a proxy vote, prior to the meeting, through a nominated member.
    4. Any notice of motion to be discussed at any general meeting shall be notified in writing e.g. email to the Secretary at least seven days prior to the date of the meeting.
    5. Fourteen (14) days notice of any general meeting specifying the place day and hour of the meeting shall be given by the Secretary to all members of the Society by a notice; e.g. email. This will be considered receipt of notice.
  19. Funds and Property

    1. The financial year of the Society shall end on 31st March each year.
    2. There shall be one signature required for any payments with at least three signatories on council.
    3. The Treasurer shall
      1. Make recommendations to the Council on expenditure, subscriptions, fees, levies or dues and matters relating to the finances of the Society.
      2. Ensure proper books of account are kept in which are recorded full, true and complete accounts of the Society
      3. Ensure that all accounts are audited and that a statement of accounts and balance sheet are presented each financial year by the time of the AGM to the Council. Copies of these are to be distributed to all members then sent to the companies register.
      4. Ensure that all funds received by the Society and not for immediate use shall be banked in the Society’s bank account.
    4. The Auditor must be a qualified accountant and shall certify to the correctness of the accounts of the Society.
    5. The income or property of the Society shall be applied solely towards the promotion of the objectives of the Society as set forth in the rules and no portion of it shall be transferred directly or indirectly by way of dividend or profit to persons, who at any time are, or have been, members of the Society or to any persons claiming through any of them.
    6. No member shall have any personal claim on any property of the Society. No part of the income or property of the Society shall be paid or transferred directly to members of the Society. Nothing said above shall prevent the payment in good faith or remuneration to any member of the Society in reimbursement of expenses incurred on behalf of the Society or in remuneration for any service rendered to the Society.
    7. The funds of the Society shall be derived from membership applications fees, annual subscriptions, donations and such other sources as the Council determines.
  20. By-Laws

    1. The Association may have By-laws.
    2. The creating or alteration of By-laws of the Association shall be proposed in a written notice (e.g. email) of motion addressed to the Secretary. The notice of motion shall be signed by the proposer and seconder who shall be members of the Society.
    3. Motions will be discussed at the following council meeting.
  21. Dissolution

    1. The Society may be wound up voluntarily if the Society at a general meeting of its members passes a resolution requiring the Society to be so wound up and the resolution is confirmed at a special general meeting called together for that purpose and held not earlier than 30 days after the day on which the resolution so confirmed was passed.
    2. If, upon the winding up or dissolution of the Society, there remains after the satisfaction of all debts and liabilities, any property or funds whatsoever, the same shall be donated to any organisations as a special general meeting may decide, provided that no member shall receive any personal gain.
  22. Responsibilities for Personal Actions

    1. No officer of the Society shall be responsible for any act, omission, neglect or default of any other person (notwithstanding any receipt or other document signed or act done for the sake of conformity with the rules of the Society) or for any loss or damage whatsoever suffered by the Society unless such act as a result of their own dishonesty or culpable negligence or wilful default.
    2. Nothing contained or implied in the previous paragraphs shall operate to exempt any person from or to indemnify them against any liability which by virtue of any rule or law would otherwise attached to them in respect of any negligence default, breach of duty, or breach of trust of which they may be guilty in relation to the Society.
    3. Provided, however, that the Society shall not under any circumstances be bound to make any payment or to call upon its members to contribute toward any funds held by the Society at the time of any claim for indemnity and/or reimbursement.
  23. Custody of Seal

    1. The Secretary shall have custody of the Seal
    2. The Seal shall not be suffixed to any instrument except by authority of a resolution of the Council and in the presence of two members of the Council.
  24. The Common Seal

    1. The Common Seal of the Society shall be that shown below