PART VI : FINANCE AND ADMINISTRATION
33.1 The National Secretary shall ensure that the Union keeps true and complete accounts of the affairs, assets and transactions of the Union.
33.2 The financial year of the Union shall run from 1 January to 31 December.
33.3 The National Secretary shall supply the National Executive with financial statements each month and at other times as required.
34.1 In each year when an ordinary meeting of the Conference is held the Conference shall receive and approve the annual financial statements of the Union.
34.2 In any year when there is not an ordinary meeting of the Conference the National Executive shall at its June meeting receive and approve the annual financial statements of the Union.
34.3 These meetings of the elected representatives of the members of the Union shall be deemed to be general meetings of the Union for the purposes of receiving and approving the annual financial statements of the Union.
34.4 For the purposes set out in rule 34.3:
34.4.1 Every member by virtue of this rule is deemed to have appointed the regional representatives at the Conference, or the Regional National Executive members as the case may require, jointly as the member's proxy to vote for the member on any question relating to the approval of any financial statement of the Union.
34.4.2 The regional representatives, or Regional National Executive members, shall be entitled jointly to cast one vote for every member in the region which they represent and in respect of whom they hold a proxy.
35.1 The National Executive, or in years in which it has an ordinary meeting the Conference, shall appoint an Auditor who shall be a chartered accountant in public practice.
35.2 The Auditor shall audit the books of the Union annually or more often if required by National Executive.
35.3 The Auditor shall have full access to all relevant books and documents of the Union and shall be supplied with all relevant information as he/she may require.
35.4 The Auditor may be removed by resolution of the National Executive. In such an event, or if the Auditor resigns, the National Executive shall appoint a temporary Auditor who shall hold office until a permanent appointment is made.
A copy of the latest income and expenditure account and balance sheet, together with Auditor's report on the accounts, shall be supplied to any financial member of the Union who requests it.
37.1 The Rules of the Union may be amended by a majority decision of
37.2 A postal ballot of Conference members for the purpose of amending these Rules may be undertaken by resolution of the National Executive if it believes that consideration of the proposed change should not be delayed until the next meeting of the Conference.
37.3 Any amendment to the Rules made by way of postal ballot shall be reported to the next meeting of the Conference.
37.4 The National Secretary shall notify each amendment to the Registrar of Incorporated Societies and the amendment shall come into force when registered. The National Secretary shall also notify the amendment to the Registrar of Unions.
37.5 Any amendment to the Rules shall be notified to members by way of a notice in the next issue of Metal magazine.
37.6 A copy of the Rules of the Union shall be available on request to all members of the Union.
37.7 At all times these Rules shall be interpreted and applied without undue technicality and in a commonsense and practical manner which best advances the objects of the Union.
37.8 Any dispute arising concerning the interpretation of these Rules, or any matter not provided for in these Rules, shall be decided by the National Executive subject to a right of appeal to the Conference.
38.1 The Union may be wound up voluntarily if:
38.1.1 The National Executive recommends to the Conference that the Union amalgamate with any other similar organisation and that as part of such amalgamation the Union should be wound up; and
38.1.2 The Conference adopts the National Executive's recommendation to amalgamate; and
38.1.3 A special ballot of members of the Union passes a resolution requiring the Union to be wound up for the purposes of the amalgamation; and
38.1.4 That resolution is confirmed by a further special ballot of members of the Union held not earlier than 30 days after the date on which the result of the first special ballot is declared.
38.2 In the event of such winding up all surplus assets, after the payment of all costs, debts and liabilities shall, subject to any trust affecting them, be transferred to the organisation with which the Conference decided that the Union is to amalgamate.
38.3 The Union may also be wound up voluntarily if:
38.3.1 A special ballot of members of the Union passes a resolution requiring the Union to be wound up; and
38.3.2 That resolution is confirmed by a further special ballot of members of the Union held not earlier than 30 days after the date on which the result of the first special ballot is declared.
38.4 Upon the Union being dissolved or wound up other than for the purposes of an amalgamation all costs, debts and liabilities shall be paid and the balance of the Union's assets, subject to any trust affecting them, shall be disposed of as follows:
38.4.1 By transferring them to such other body or entity (or more than one of them) having objects similar to the objects of the Union as may be determined by the National Executive in office at the time of passing the resolution for winding up, or in the absence of such a National Executive, by a Judge of the High Court of New Zealand; or
38.4.2 If there is no other body or entity having objects similar to the objects of the Union to whom the balance of the assets may be distributed then by distribution in equal shares to those persons who were financial members of the Union at the time of the passing of the resolution for winding up.
39.1 Every notice to be given to any member under these Rules shall be deemed to have been given if posted or delivered to him/her at his/her address appearing in the Union's Register of Members.
39.2 The loss, delay or non-delivery of any notice sent or forwarded to any member, whether through the post or otherwise, shall not invalidate or prejudice any resolution passed or election made by the Union.
39.3 Any notice, if given by post, shall be deemed to have been given 72 hours after the letter containing it is posted.
Except as provided in Rule 7 (concerning the refusal of an application for membership), Rule 11 (concerning the termination of membership of a person no longer eligible to be a member) and Rule 13 (Discipline of members):
40.1 The appeal structure of the Union shall be:
40.1.1 From a decision of a delegates forum or an industry council to the National Executive;
40.1.2 From a decision of the National Executive to the Conference.
40.2 Where a right of appeal is conferred by these Rules it shall be exercised as follows:
40.2.1 The person appealing shall submit a written notice of appeal to the National Secretary within 14 days of the date of the decision which is the subject of the appeal.
40.2.2 The appeal authority shall set a date for hearing the appeal having regard to the distance required to be travelled by the parties attending and shall notify all parties of the date.
40.2.3 In considering any appeal, the appeal authority shall be entitled to receive any evidence, material or submissions it considers necessary to reaching its decisions.
40.2.4 The person appealing and any other parties to the appeal shall be given a proper opportunity to make submissions and tender evidence.
40.2.5 The appeal authority shall consider the appeal with an open mind and shall decide it fairly on its merits.
40.2.6 No person who played any part in the making of the decision being appealed may be involved in the appeal process other than by giving evidence.