MEMBERSHIP TERMS AND CONDITIONS
NZTA MEMBERSHIP
BECOMING A MEMBER
An applicant for membership must complete an online or written application form in which they consent to becoming a Member of the Association and make a declaration they will abide by the Rules and supply any information, or attend an interview, as required by the Executive. If the applicant is a company or other body corporate, the declaration shall be made by an officer or representative of that entity, having duly declared that officer or representative’s authority to make such declaration. If the Applicant is a Trust or Partnership recognised by the Association, each Partner or Trustee shall join in the Declaration.
The Executive may accept or decline an application for membership in its absolute discretion. The Executive must advise the applicant of its decision (but is not required to provide reasons for that decision). If the application is declined, the membership fee will be refunded. Membership of the Association will only take effect after any initial subscription has been paid.
MEMBERS – MINIMUM NUMBER AND CLASSES OF MEMBERS
The Association shall maintain the minimum number of Members required by the Act. There shall be five classes of membership as follows:
i. Full Membership – New Zealand resident truffle and EEMM (edible ectomycorrhizal mushrooms) growers, distributors, exporters, nursery operators or scientists actively engaged in the business of truffle growing, sale or distribution, export, production of truffle and EEMM infected plants or in research on truffles and EEMM. The determination of whether an applicant is so engaged in such business or is a resident of New Zealand is absolutely within the discretion of the Executive. For the avoidance of doubt there shall only be 1 voting member for each Full membership.
ii. Associate Membership – being all other persons interested in New Zealand truffles and EEMM. The determination of the sufficiency of interest in NZ truffles is absolutely within the discretion of the Executive. Associate Members may attend, but shall not have the right to vote, at any General Meeting and will not be entitled to have access to confidential research material conducted on behalf of the Association except at the discretion of the Executive.
iii. Life Membership – persons who in the opinion of the Executive have made a unique and outstanding contribution to the advancement of the truffle or EEMM growing industry in New Zealand. Life Members shall have the same powers and privileges of membership as Full Members, including the right to hold office and vote.
iv. Corporate Membership – entities interested in New Zealand truffles and EEMM who in the opinion of the Executive are suitable to be members on such terms as the Executive shall decide. Corporate members shall nominate a single individual as their representative.
v. Overseas Membership- being overseas persons interested in New Zealand truffles and EEMM.
DISCLOSURE AND LIMITATIONS
Every Member shall provide the Association with that Member’s name and contact details (including postal address, telephone number(s), and email address) and promptly advise the Association of any changes to those details. Any Member that is a company or other body corporate or partnership or trust shall provide the Secretary with the name and contact details of a single person who is the organisation’s authorised representative, and that person shall be deemed to be the organisation’s proxy for the purposes of voting at General Meetings.
Membership does not confer on any Member any right, title, or interest (legal or equitable) in the property of the Association, nor the right to make any statement, claim or commitment on behalf of the Association.
OBLIGATIONS AND RIGHTS
All Members (including Executive Members) shall promote the interests and purposes of the Association and no Member shall do anything to bring the Association into disrepute. No Member is liable for an obligation of the Association by reason only of being a Member. The Executive may decide what access or use Members may have of, or to, any services, premises, facilities, equipment or other property provided, owned, occupied or otherwise used by the Association, including any conditions of, and fees for, such access or use. No Member, or Associated Person, is allowed to take part in, or influence any decision made by the Association in respect of payments to, or on behalf of, the Member or Associated Person of any income, benefit, or advantage. Any payments made to a Member or Associated Person must be for goods and services that advance the purpose of the Association and must be reasonable and relative to payments that would be made between unrelated parties.
SUBSCRIPTIONS AND FEES
The annual subscription and any other levies or fees for membership for the ensuing financial year shall be set by resolution of a General Meeting (which can also decide that payment may be made by periodic instalments or pro-rated). Subscription payments become payable each year on the 1st day of the month following the Association’s balance date. Any Member failing to pay the annual subscription (including any periodic or pro-rated payment) or any levy, fee or other payment, within 2 calendar months of the date the same was due for payment shall be considered as unfinancial and shall have their membership terminated. (without being released
from the obligation of payment) Should the funds in any one year be insufficient for the purposes of the Association, the Executive shall have power to make such levies as it thinks fit, but the total amount of levies made in any one year shall not exceed the amount of the annual subscriptions unless otherwise determined at any general meeting.
12 CEASING TO BE A MEMBER
Membership of the Association may be terminated by resignation or cancellation. Resignation – Any Member may give notice in writing to the Secretary of their desire to resign and they shall cease to be a member upon receipt of such notice by the Secretary, but at the absolute discretion of the Executive, membership may be reinstated if so agreed with the member.
Cancellation – The Executive may in any of the following cases by ordinary resolution cancel the membership of a Member, whether an Executive Member or not: Where such Member has failed for a period of three calendar months after the same became due to pay the whole or any part of any subscription, levy or fees payable by that member pursuant to these Rules: or
Where such Member has become bankrupt or insolvent or gone into liquidation (other than for the purpose of reconstruction) or entered into a composition with their creditors. If after hearing in person or representations by Counsel or after receiving a written explanation from a Member, a 75% majority of the Executive members at a meeting called for such purpose determine that the Member is not a fit and proper person to be a Member of the Association or has been guilty of a breach of any of the rules of the Association, or of any conduct unworthy of a Member which is or might be injurious or prejudicial to the interests of the Association, the Executive may by resolution cancel their membership. If any Member shall have ceased, in the opinion of the Executive, to carry on the business of a Truffle or EEMM grower, or a Truffle or EEMM Exporter (as the case may be) the Executive may by resolution cancel their membership or reduce their class of membership to Associate Member. A notice of cancellation (by one of the means hereby provided) of membership shall be promptly given by the Secretary to the Member affected but notwithstanding any failure to give such notice, membership shall cease as from the date of the resolution cancelling the same and such Member shall thenceforth cease to have any interest in or claim upon the services, resources, funds or property of the Association. Cancellation of membership shall not relieve any Member from liability for subscriptions, levies or other moneys due from the Member prior to such cancellation unless such liability is reduced or extinguished by resolution of the Executive. Any Member having their membership cancelled under this rule may appeal to the next Annual General Meeting for review provided such Member has given written notice of this intention to the Secretary within one month of their expulsion. The Annual General Meeting may reinstate such member by resolution passed by a 75% majority of the financial Full Members present or represented by proxy and entitled to vote.
OBLIGATIONS AND RIGHTS ON RESIGNATION OR CANCELLATION OF MEMBERSHIP
A Member who resigns or whose membership is terminated under these Rules:
• remains liable to pay all subscriptions and other fees up to the Association’s next balance
date,
• shall cease to hold themselves out as a Member of the Association, and
• shall return to the Association all material provided to Members by the Association (including
any membership certificate, badges, handbooks and manuals).
• shall cease to be entitled to any of the rights of a Member.
NOTE: The above information is extracted from the Constitution of NZTA and is current as at 3 November 2023. Please refer to the Constitution uploaded to the website of the Registry of Incorporated Societies for the current and definitive version. In the case of conflict, the official text filed with the Registrar of Incorporated Societies shall prevail.
Copyright NZTA 2023