PSA Rules

Published February 2021, amended by decision of the biennial delegates' congress November 2020.

The rules of the New Zealand Public Service Association Te Pūkenga Here Tikanga Mahi establish the objectives, powers and representative structures of the PSA, and sets out the requirements necessary for the effective governance of the union.

Part 1: General

Rules and Regulations web image

Part 2: Membership

Part 3: Governance of the PSA

Part 4: Workplaces and Enterprises

Part 5: Staff Group

Part 6: Sector Governance

Part 7: Te Rūnanga O Ngā Toa Āwhina

Part 8: Executive Board

Part 9: Annual General Meeting

Part 10: National Delegates' Congress

Part 11: Provisions Relating to Officers

Part 12: Casual Vacancies

Part 13: Removal from Office

Part 14: Clusters and Networks

Part 15: Administrative Matters


 

PART 1: GENERAL 

1. Name 
2. Interpretation 
3. Purpose 
4. Treaty of Waitangi 
5. Gender equity 
6. Objects 
7. Rules, regulations, operating manual 
8. Powers 
9. Election principles 
10. Decision-making & meeting procedures 
11. Registered office

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1.      Name

The name of the union is “New Zealand Public Service Association: Te Pūkenga Here Tikanga Mahi Incorporated” (PSA).

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2.      Interpretation

(1)  In these rules except where the context otherwise requires:

(a)      “Act” means the Incorporated Societies Act 1908;

(b)      “Constituency” means any grouping of members within a workplace or enterprise that elects a delegate or delegates, or any grouping of members across enterprises brought together, with the approval of the executive board, for the purpose of electing representatives to sector committees;

(c)      “Convenor” means a member selected in accordance with these rules to act as convenor of a workplace committee, enterprise committee, sector committee, Te Rūnanga O Ngā Toa Āwhina, the executive board, the national delegates’ congress or a special delegates’ congress;

(d)      “Full member” means a member eligible for membership under rule 12(1) to (4) ;

(e)      “General meeting” means the national delegates’ congress, special delegates’ congress or the annual general meeting except as provided by rule 48(1) of these rules;

(f)      “Governance” means the exercising of democratic control by the membership of the PSA over the strategic direction and policies of the union, and the oversight of the management of the union, through the representative structures provided for in these rules;

(g)      “Hinonga Māngai Māori” means a Māori member elected by Māori members in an enterprise, to represent the interests of Māori members within that enterprise and to provide a point of connection with the wider structures of Te Rūnanga O Ngā Toa Āwhina and the PSA.  The Māori enterprise delegate is a member of the enterprise delegate committee.

(h)      “Majority” means a simple majority, i.e. 50% plus one of those authorised to vote and voting;

(i)       “Member” means any person eligible for membership under rule 12 and admitted to membership under rule 17;

(j)       “Month” means a calendar month;

(k)      “National secretary” means a person appointed by the executive board to be a member of the secretariat under rules 43 and 66;

(l)       “Officer” means the president, treasurer, vice president, Tuakana, members of the executive board and secretariat defined under Parts 8 and  11 of these rules;

(m)     “Operating manual” means the procedural manual of the New Zealand Public Service Association:Te Pūkenga Here Tikanga Mahi as established under rule 7(3);

(n)      “PSA” means New Zealand Public Service Association: Te Pūkenga Here Tikanga Mahi Incorporated;

(o)      “Regulations” means the regulations of the New Zealand Public Service Association: Te Pūkenga Here Tikanga Mahi as established under rule 7(2);

(p)      “Rules” means the rules of New Zealand Public Service Association: Te Pūkenga Here Tikanga Mahi Incorporated as registered in accordance with the Incorporated Societies Act 1908;

(q)      “Rūnanga delegate” means a Māori member elected by Māori members to be a delegate within the rūnanga delegate structures in an enterprise, where such structures exist.  The rūnanga delegates are workplace delegates with a primary focus on the representation of Māori members on Māori issues in the workplace, and to vote for Hinonga Māngai Māori .”

(r)       “Secretariat” means the national secretaries acting as the secretariat of the PSA in accordance with rule 66(1);

(s)      “Sector committee” means a committee of members within a sector established in accordance with these rules;

(t)       “Sector rūnanga” means a grouping of Māori members within a sector established in accordance with these rules;

(u)      “Te Rūnanga O Ngā Toa Āwhina” means the membership of the PSA who identify as Māori and encompasses the structures provided for in Part 7 of these rules;

(v)      “Union” means New Zealand Public Service Association: Te Pūkenga Here Tikanga Mahi Incorporated;

(w)   “Vā Moana Delegate” means a Pasefika member elected by Pasefika members in an enterprise, to represent the interests of Pasefika members within that enterprise as a member of the enterprise delegate committee.

 (2)   Any date or period of time specified in these rules shall be deemed to end at 5pm on that date or the last day of the period specified.

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3         Purpose

To build a union that is able to influence the industrial, economic, political and social environment in order to advance the interests of PSA members.

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4.       Treaty of Waitangi

The PSA affirms Te Tiriti o Waitangi/the Treaty of Waitangi as the founding document of Aotearoa/New Zealand and is committed to advancing the Treaty principles of partnership, protection and participation in activities pursuant to the purpose and objects of the union as they relate to the working lives of members.

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5.         Gender Equity

In accordance with principle of gender equity all governance bodies and official delegations of the PSA will have women members consistent with the gender demographics of the membership they represent.  For the purposes of this rule ‘governance bodies’ are defined as the national delegates’ congress, the annual general meeting, the executive board, sector committees and the committee of Te Rūnanga o Ngā Toa Āwhina.

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6.       Objects

The objects of the union are:

(1)        To build a democratic union organisation capable of achieving the purpose of the PSA; 

(2)        To advance the interests of PSA members collectively and individually;

(3)        To represent the interests of any member or members in accordance with PSA policy, before any person, group, organisation, government or local authority, statutory body or any other legal entity;

(4)        To promote quality public services and support the delivery of quality public services;

(5)        To encourage full and active participation in the union by members of the PSA;

(6)        To ensure that provisions are made to protect the interests of the diverse membership of the PSA;

(7)        To do all such other things as are incidental or conducive to attainment of the objectives and the exercise of the powers of the PSA.

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7.      Rules, Regulations and Operating Manual

(1)    The rules of the New Zealand Public Service Association Te Pūkenga Here Tikanga Mahi establish the objectives, powers and representative structures of the PSA, and sets out the requirements necessary for the effective governance of the union. The rules can only be amended by decision of the biennial delegates’ congress.

(2)    The regulations concern the application of the rules, are supplementary to the rules and must not be inconsistent with the rules. The regulations are to be approved by decision of the executive board.

(3)    The secretariat may publish an operating manual, with the approval of the executive board, to provide guidance on the application of the rules and regulations and on any other matter relevant to the effective operation of the representative structures of the PSA.

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8.      Powers

(1)  The PSA shall have the following powers in addition to any other powers in these rules:

(a)  To invest, lend or advance the funds of the PSA in such manner as may from time to time be authorised in accordance with these rules;

(b)  To borrow money for the purpose of furthering the interest of the PSA and its members in such manner as may from time to time be authorised in accordance with these rules;

(c)   To acquire or sell any real or personal property as may be necessary for the purpose of furthering the interests of the PSA and its members;

(d)  To sell, improve, manage, develop, exchange, lease, dispose of, turn to account or otherwise deal with all or any part of any real or personal property of the PSA;

(e)  To operate such bank account(s) as necessary for the exercise of its powers;

(f)   To fix and levy subscriptions from time to time, and to charge for the provision of services;

(g)  To appoint such staff as are necessary for the efficient carrying out of the PSA’s objects;

(h)  To amalgamate or merge with any union subject to the compatibility of membership and objects;

(i)    To establish any trust which is conducive to the PSA’s aims;

(j)   To offer benefits and services to members;

(k)  To affiliate to or join organisations that support the achievement of the purpose and objects of the PSA;

(l)    To exercise all other powers as are reasonably necessary to enable the PSA to fulfil its purpose and carry out its objects.

(2)  In pursuit of its objects, the union shall not affiliate with or make any financial contributions to a political party or organisation currently in government or aiming at becoming the government of New Zealand.  It shall, however, be free in the pursuit of its objectives to express opinions or take other action in respect of any act or omission of governments, organisations or persons, and to express its opinion on any issue or topic.

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9.      Election Principles

(1)    Union elections shall follow accepted democratic principles and the following principles shall guide all elections within the union:

(a)  in order to be considered a candidate in an election, a full member must submit a nomination supported by two full members and showing the candidate’s assent;

(b)  adequate time should be allowed between the calling of the elections and the closing date for nominations for all potential candidates to be notified;

(c)  adequate time should be allowed between the closing date for nominations and the elections for all potential electors to be made aware of the candidates;

(d)  the returning officer, or chairperson in charge of the election procedure shall not be a candidate in the election that they oversee;

(e)  where a position is contested, voting shall be by secret ballot and the candidate with a majority of votes cast shall be declared elected;

(f)  where a position is uncontested the person nominated shall be declared elected.

(2)   The executive board may provide guidance on the application of these principles through the regulations

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 10. Decision making and Meeting Procedures

(1)   Decision making at any meeting within the PSA’s governance structures shall be by consensus where possible, provided that where a vote is required on a matter it will be decided by a majority of votes cast by those entitled to vote and voting.

(2)  Every PSA member entitled to attend, and attending, a meeting within the PSA’s governance structures (other than an observer) is entitled to one vote.

(3)   Subject to the rules on voting applying to any part of the governance structures, the person acting as convenor or chairperson, shall have a casting vote when the members, delegates or representatives are equally divided in opinion – such vote to be in addition to the deliberative vote of the convenor.

(4)   All motions or amendments submitted to an authorised meeting of members shall be supported by a mover and seconder.

(5)  The executive board may issue further guidance on meeting procedures in the regulations.

(6)  Where required by law to conduct a secret ballot before strike action related to bargaining for a collective agreement may proceed, the following provisions shall apply:

(a)       The question to be voted on in the secret ballot is whether the member of the union is in favour of the strike.

(b)      The result of the ballot is determined by a simple majority of the members who are entitled to vote and who do vote.

(c)       As soon as is reasonably practicable after the conclusion of the secret ballot the members who were entitled to vote must be notified of the result of the ballot

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11.    Registered office

(1)  The registered office of the PSA shall be situated at   5th floor, PSA House, 11 Aurora Terrace, Wellington or at such other place as the executive board may from time to time decide.

(a)  The secretariat shall forthwith notify the Registrar of Incorporated Societies of any change in the situation of the registered office or the postal address of the PSA.

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PART 2: Membership

12. Membership eligibility
13. Categories of membership
14. Authority to represent
15. Membership rights
16. Responsibilities of members
17. Admission to membership
18. Financial membership 
19. Register of members
20. Discontinuance of membership

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12.    Membership eligibility

(1)  Subject to other provisions in these rules any person in New Zealand or who works overseas for any New Zealand public agency and who qualifies under one or more of the conditions set out in this rule shall be eligible to become a member of the PSA.  They include workers employed or engaged to be employed in:

(a)       The Public Service, comprising all public service and non-public service departments, and offices of parliament;

(b)       The State Sector, comprising: crown entities; state owned enterprises; Public Finance Act 4th Schedule organisations; and any private organisation engaging in commercial activities, including those that were previously provided by the state;

(c)       The District Health Boards or any public organisation established to replace the district health boards;

(d)      Community public services comprising:

 i)             non-governmental, not-for-profit, self-governing, voluntary organisations delivering a range of services in the community, including public services funded fully or partially by the state or local government;

 ii)            private, for-profit organisations delivering community-based public services funded fully or partially by the state or local government.

(e)      Local Government, including all local authorities and council controlled organisations.

provided the executive board may from time to time approve eligibility for membership under subclause (1) for workers employed or engaged to be employed in other sectors, organisations or agencies.

(2)  Individual independent contractors or groups of independent contractors contracted in one or more of the areas listed above.

(3)  Staff employed by the PSA.

(4)  Other workers at the discretion of the executive board or national delegates’ congress.

(5)  Persons who are granted honorary life membership by the congress.

(6)  The PSA may grant associate membership to any person not otherwise entitled to membership if they:

(a)    support the objects of the union; and

(b)    are a former member who has retired from, resigned from, or been made redundant from their jobs and are not currently employed where the PSA has coverage.

(7)  The PSA may grant student membership to any person engaged in full time study in a tertiary education institution where the person has an interest in or, as a consequence of their study, will be qualified to be employed in any of the agencies or industries described in subclause (1) of this rule.

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13.    Categories of membership

There are four (4) categories of membership:

(1)  Full members:

(a)  Those eligible for membership under rule 12(1), (2); or (4), being members of the sector established under these rules which covers the workplace or enterprise within which they are employed or engaged to be employed;

(b)  PSA staff members who are also members of the PSA, being members of the staff group under these rules.

(2)  Honorary life members:  those granted honorary life membership.

(3)  Associate members:  those granted associate membership.

(4)    Student members: those granted student membership.

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14.    Authority to represent

(1)  Full membership of the union constitutes an authority, but not an obligation for the union to act as representative in all matters relating to the member’s employment, including the negotiation and enforcement of employment contracts.

(2)  Authority established under rule 14(1) may continue to apply in the case of any member who is not a financial member by reason of termination of their employment, subject to the following conditions:

(a) the member was a full financial member at the date at which their employment ceased;

(b) the member has a cause of action against their employer or there are outstanding matters relating to their employment; and

(c) the PSA has agreed to act as their representative.

(3)  Subject to any statutory requirement, any member may revoke in part or in full the authority conferred by rule 14(1) by notice in writing to the secretariat giving no less than fourteen (14) days notice of revocation, but revocation of authority to represent does not constitute resignation from the union.

(4)  A member who has revoked the authority conferred by rule 14(1) pursuant to rule 14(3) may reinstate that authority by making written application to the secretariat.

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15.    Membership rights

(1)  Subject to other provisions in these rules and regulations all members shall have the right:

(a)    To general services of the union as defined by the executive board from time to time and subject to such conditions or limitations as may be specified by the executive board;

(b)    To participate in the constitutional structures established for their category of membership by attending meetings, propose nominations and motions, vote and act as a representative of the PSA within those structures;

(c)    To receive information from the PSA;

(d)    To accept office or position at workplace, enterprise, staff group, sector, rūnanga, executive board or national delegates’ congress level according to their category of membership under rule 13;

(e)    To receive a copy free of charge upon written request to the secretariat of:

(i)            the PSA’s rules and any amendments;

(ii)           the PSA’s annual statement of account and/or auditors report;

(iii)          the PSA’s annual report;

(iv)         provided that where a member makes such a request more frequently than once in any 12 month period the PSA may charge a reasonable fee for provision of the material.

(2) Notwithstanding Rule 15(1)(b), associate and student members will not have voting rights within the PSA

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 16.   Responsibilities of members

(1)  Subject to other provisions of these rules all members shall be bound by these rules to the extent applicable to them and, without limiting the generality of the
foregoing, shall have the obligation to:

(a)  Pay such subscriptions, fees, levy or contribution in accordance with these rules provided that honorary life members are not required to pay;

(b)  Notify the PSA in writing of any change of name, address, place of employment and job title;

(c)   Abide by these rules and any policies, decisions and resolutions properly made under these rules and binding on them as a member;

(d)  Deal lawfully with the money and property of the PSA.

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 17.   Admission to membership

(1)  Any person described in rule 12 apart from honorary life members shall become a member of the PSA at the time that:

(a)  The secretariat or PSA staff member receives the written application of that person on the appropriate membership application form; or

(b)  The secretariat or PSA staff member receives part or all of the subscription in the form of a cheque or cash, and a completed authority to deduct the intending member’s subscription from salary or by direct debit, or some other assurance of payment which is acceptable to the executive board;

whichever is the earlier, except that the member shall not be considered to be a financial member until payment is made in accordance with 18(1)

(2) Provided that the executive board has the authority to decline any application for membership.

(3) Honorary life members:

(a)  Honorary life members shall become members at the time of the decision of the national delegates’ congress to appoint them to that category of membership.

(b)  Honorary life membership may be granted to members or former members who have demonstrated long and distinguished service in support of the purpose and objects of the PSA.

(c)   All life members under the previous rules of the PSA shall be deemed to be honorary life members under this rule.

(4)  On admission to membership in accordance with this rule the member’s name shall be entered on the register of members established under rule 19. 

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 18.   Financial membership

(1)  All members (apart from honorary life and student members) shall pay all subscriptions from the date of joining, or from the next full pay period subsequent to joining, until they cease to be members. Membership will discontinue if subscriptions are more than ninety days in arrears except that:

(a) Members on parental leave or special leave without pay shall not be required to pay subscription during the period of leave provided that:

(i)  evidence of the leave and the date of the expected return to work is supplied to the PSA, when requested;

(ii) at the time they commence leave their subscription is not in arrears;

(b) Subject to (a), members on parental leave shall be full members of the union;

(c) Members on extended special leave from their work will be entitled to remain full members but shall not be entitled to exercise voting rights during the period of leave.

(d) The secretariat may waive all or part of the subscription payable by a member or group of members according to any policy agreed by the executive board;

(e) The secretariat must try and contact any member whose subscription is in arrears to ascertain the reason for the arrears and outlining the implications for continued membership of the union, before declaring the member unfinancial.

(2)   Members are entitled to reimbursement of any overpayment of subscriptions subject to:

(a)  The member providing documentary evidence of the overpayment;

(b)  The maximum period for which the PSA remains liable not exceeding twelve months unless, in the view of the Secretariat, exceptional circumstances apply.

(3) Where a member is employed by more than one employer within the coverage of the PSA as defined in rule 12, the level of the subscription to be paid shall be based on the total gross annual income earned from working for all those employers.

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 19.   Register of members

(1)  The secretariat shall maintain a register of members, which shall contain the following information:

(a)  The member’s full name;

(b)  The member’s postal address (which may be either a residential or a workplace address);

(c)  The member’s electronic address;

(d)  The category of membership the member belongs to;

(e)  The job title or occupation of the member;

(f)   The date at which the person was admitted to
membership;

(g)  Other data provided by members for the purpose of promoting equal employment opportunities for members.

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 20.   Discontinuance of membership

(1)  Subject to (2) of this rule, membership of the PSA ceases at the point of:

(a)  Resignation: to resign a member must give at least two (2) weeks notice in writing to the secretariat;

(b)  Becoming unfinancial: in terms of rule 18;

(c)   Expulsion: the mechanism for expulsion is set out in Part 14 of these rules.

(2)  All subscriptions due to the PSA at the cessation of membership shall be paid forthwith.  

(3)  Outstanding subscriptions and levies may be recovered by legal process.

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PART 3: Governance of the PSA

21. Governance structures
22. Governance principles

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21. Governance structures

(1)    The PSA shall be governed by:

(a)  A national delegates’ congress or special delegates’ congress which shall be the highest decision-making authority of the PSA (see rules 54 – 61);

(b)  An annual general meeting which shall provide constitutional oversight between congresses (see rules 48 – 53);

(c)   An executive board which is accountable to the national delegates congress and is responsible for the governance of the PSA between national delegates congresses (see rules 41 – 47);

(d)  Sector committees that are responsible for representing the interests of members within their sectors in the governance of the union subject to the rules, regulations and policies of the PSA (see rules 31 - 33);

(e) Te Rūnanga O Ngā Toa Āwhina which will represent the concerns and interests of Māori members through the structures established in these rules (see rules 34 – 40);

(f)   Workplaces and enterprises where members may elect delegate(s), a delegate committee or representatives to sector committees in accordance with these rules and the policy and procedures established by congress, the executive board and sectors (see rules 23 – 29);

(g)  A staff group which will represent the interests of staff who are members of the PSA (see rule 30).

(h)  Committees: the national delegates’ congress, executive board, the Committee of Te Rūnanga O Ngā Toa Āwhina and sector committees may establish committees with a specified role and accountability subject to the policy of the PSA established by congress or the executive board.

(2)    Members elected to the governance structures identified in rule 21(1) (other than the president of the PSA) shall be workplace or enterprise delegates. Notwithstanding this provision a member aged 35 or under may be elected as a youth representative to a sector committee or the executive board if they are not a workplace or enterprise delegate, provided they hold another leadership role in the sector, enterprise or PSAY network.

(3)    Although not a part of the formal governance structures, the PSA will operate networks and clusters with the roles and accountabilities set out in rules 73 - 78.

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22. Governance principles

Elected office holders within the PSA’s governance structures have a responsibility to consider the interests of all members who come within the coverage of the body to which they have been elected in accordance with these rules, when fulfilling their duties under these rules and the regulations.

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PART 4: Workplaces and Enterprises

23. Definition 
24. Delegates 
25. Terms applying to delegates 
26. Duties of delegates 
27. Delegate committees 
28. Annual members’ meetings 
29. Workplace and enterprise members’ meetings

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23.    Definition

(1)  A workplace is a place of work operated by an employer containing at least one (1) member. 

(2)  An enterprise is one (1) or more workplaces forming an organisation with common ownership (whether incorporated or unincorporated) operating one (1) or more workplaces at which members are employed.

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24.    Delegates and delegate structures

(1)    A delegate is a full member of the PSA who is elected to represent members within a workplace or enterprise. 

(2)    It is recognised that PSA members work in a wide variety of workplaces and enterprises and that there is no single model for the organisation of delegates that can be applied. Members in enterprises and workplaces may therefore organise their delegate structures in ways that reflect their needs taking into account such factors as the size of the enterprise, the geographical location of workplaces and the range of occupations of members.

(3)    Enterprise delegate committees may decide the number of delegates in an enterprise or workplace and make minor changes to delegate structures in order to facilitate effective representation, provided that is consistent with these rules and any relevant provisions of the regulations. However, any major reorganisation of delegate structures in an enterprise must be confirmed by a vote of all members in that enterprise either at meetings of members or by some other method as provided in the regulations, except that rūnanga delegate structures within an enterprise must be decided by Māori members in that enterprise. Any major change to delegate structures must be decided upon at least one month prior to 1 April in a year in which delegate elections are due.

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25.    Terms applying to delegates

(1)    All delegates and enterprise delegate committee members shall be elected for a two year term, running from the point of election under rule 25(2), through until the next annual members’ meeting at which an election is scheduled.

(2)    Delegates shall be elected, under normal circumstances, at an annual members meeting, recognising that the size and complexity of many enterprises may require that an enterprise delegate committee (and any intermediate delegate structures) might need to be elected at a later date and by some other process consistent with rule 9 and any terms contained in the regulations.

(3)    Notwithstanding (1) and (2), where a vacancy occurs in the course of a two year term a by-election may be held at a meeting of members or by some other method approved by the secretariat under 25(2). Under these circumstances the term of the successful candidate shall run until the next annual members’ meeting at which an election is scheduled.

(4)    Elections will take place in accordance with rule 9, except that:

(a)    where no nominations have been received by the closing date, nominations may be accepted from the floor at an annual members’ meeting or meeting called to fill a vacancy under rule 25(2);

(b)    where an alternative method of election has been used as provided for in rule 25(2), the provisions of the regulations shall apply where it is inconsistent with rule 9.

(5)    All nominations for a delegate position must be proposed and seconded by full members of the PSA employed in that workplace or enterprise.

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26.   Duties of delegates

(1)  The duties of delegates include:

(a)  Leadership within workplaces and enterprises, and implementing and promoting the purpose and objects of the PSA rules, and PSA policy within the workplace or enterprise;

(b)  Acting as a link between the sector committee and executive board of the PSA, and members in the workplace;

(c)   Forming committees of delegates within workplaces or enterprises in accordance with rule 27;

(d)  Carrying out representative functions within the workplace or the enterprise, including:

(i)    enrolling new members and maintaining PSA membership of those employed in the workplace or enterprise who are entitled to be members;

(ii)   representing the collective and individual interests of members to the employer;

(e)  Such additional duties and responsibilities set out in the policies and plans of the PSA.

Return to Part 4: Workplaces and Enterprises 

27.   Delegate Committees

(1)    Except where it is deemed not practicable or necessary by the secretariat, every enterprise shall have an enterprise delegate committee that is accountable to members in that enterprise and subject to the rules, regulations and policies of the PSA.

(2)    The enterprise delegate committee is responsible for co-ordinating union activities in the enterprise and liaising with the other relevant parts of the PSA’s governance structures.

(3)    The size of the enterprise delegate committee is to be decided at the annual meeting of members, consistent with the framework set out in the regulations.

(4)    The enterprise delegate committee must provide for the following positions: a convenor elected by the members of the committee, Hinonga Māngai Māori where one has been elected under rule 35(1) and a Vā Moana delegate where one has been elected under Rule 27(5). Other positions may be allocated among the committee, using the framework set out in the regulations.

(5)      The Vā Moana delegate is to be elected by Pasefika members within the enterprise in accordance with the principles in Rule 9 and any applicable processes in the regulations, for a term of two (2) years.

(6)   The establishment of other committees within an enterprise to facilitate the organisation of members in that enterprise, is a matter of policy to be decided by the enterprise delegate committee. All such committees are accountable to the members represented, and subject to the rules, regulations and policies of the PSA.

(7)   The enterprise delegate committee, and any other delegate committee established under (5), will meet as regularly as necessary and by whatever method is appropriate, to conduct the business of the committee.

(8)    PSA organising staff shall provide support and guidance to delegate committees.

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28.          Annual members meetings

(1) The PSA shall hold an annual meeting of members in every workplace (except where it is considered impracticable or inappropriate and the secretariat has granted an exemption) which all members of the PSA in that workplace are eligible to attend.

(2) Annual members’ meetings shall be held each year within the 3 months from 31 March.

(3) The functions of the annual members meeting are:

(a)       To elect delegates in accordance with rule 25(2), in the year following the national delegates’ congress;

(b)       To receive a report from the enterprise delegate committee, or other enterprise delegate leadership approved under rule 27(1), on activities during the previous year;

(c)        To provide guidance about the strategy of the PSA in that enterprise;

(d)       To provide advice about the wider strategy of the PSA;

(e)       To receive and share any relevant information;

(f)         To consider any motions proposed by members or the enterprise delegate committee;

(g)    Any other business relevant to the members in that enterprise or workplace.

Return to Part 4: Workplaces and Enterprises

29.          Workplace and enterprise members meetings

(1)    In addition to annual members meetings, delegates committees may call meetings of members  from time to time within workplaces or enterprises to:

(a)                facilitate union organisation within the enterprise or workplace;

(b)                hear any issue or consider any motion proposed by members.

(2)   Any member has a right to attend any meeting of members in an enterprise or workplace in which they are employed, unless such a meeting is to consider the content or ratification of a collective agreement that they will not be covered by.

Return to Part 4: Workplaces and Enterprises


 

  

PART 5: Staff Group

30. Staff group

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30.    Staff group

(1)  With the exception of the national secretaries appointed under these rules, members of the PSA who are staff of the PSA shall be members of the staff group. 

(2)  The purposes of the staff group shall be:

(a)  To be the representative body of staff who are members of the PSA; and

(b)  To select such representatives to the representative bodies of the PSA as required by these rules and subject to the terms of rules 24, 25, 26 and 42.

(3)  The staff group shall have such principles and processes as it establishes for itself from time to time provided that the executive board shall approve these.

        These policies and processes shall be consistent with the rules, regulations and policy of the union.

(4)  No member of the staff group shall be entitled to become president or hold any office not elected by the staff group in accordance with these rules.

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PART 6: Sector Governance

31. Definition
32. Sector committees 
33. Functions and powers

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31.    Definition

(1)  A sector is a grouping of members employed in workplaces and enterprises designated by the national delegates’ congress as having a community of interest and having the functions and powers outlined in these rules and a structure approved by the executive board in accordance with these rules.

(2)  The current sectors are:

(a)    The Public Service Rātonga mahi ā te Kāwanatanga

(b)    The District Health Boards Pōari Hauora ā Rohe

(c)     The State Sector Rāngai Tūmatanui

(d)    Local Government Kāwanatanga-ā-Rohe

(e)    Community Public Services Rātonga Mahi ā Hāpori

Return to Part 6: Sector Governance

32.          Sector Committees

(1)    Sector committees are responsible for representing the interests of members within their sectors in the governance of the union, are accountable to those members and have the functions and powers set out in rule 33.

(2)   Sector committees are comprised of the following representatives who are elected for a two-   year term:

(a) representatives elected by a vote of delegates within a constituency.

(b) two sector māngai as provided for in rule 37(3)

(c) a youth representative elected by a youth constituency within the sector as established in the regulations and sector procedures

(d) A Pasefika representative elected by a Pasefika constituency within the sector as established in the regulations and sector procedures.

(3)    A two year term will run from the date of election until such time as an election is due under rule 32(4).

(4)    The election of sector committee representatives shall be held within 6 months from 31 March in the year following a national delegates’ congress.

(5)    The election shall be conducted in accordance with rule 9 with the addition that delegates must use their best endeavours to consult with members in the constituency to which they are responsible, before voting.

(6)    The sector committee will decide the number of representatives and the constituencies they serve as provided for in rule 32(2)(a)subject to:

(a)    The approval of the executive board;

(b)    The final number being consistent with the guidelines in the regulations.

(7)    Where a vacancy occurs in the course of a two year term a by-election must be held as soon as is practicable, in accordance with rules 32(2) and 32(5).

(8)    Where a member of the sector committee has been elected president of the PSA their position on the committee shall be considered to be vacant.

(9)    On completion of their term the President is entitled to rejoin their sector committee of origin over and above the normal establishment of the sector committee concerned for a period of up to two (2) years.

(10)The quorum for each sector committee shall be established in the regulations.

Return to Part 6: Sector Governance

33.   Functions and powers

(1)  The functions and powers of sector committees are as follows:

(a)    To undertake planning specific to their sector, and to oversee policy implementation within their sector, subject to the rules and regulations of the PSA and the authority of the Executive Board

(b)    To act as advisors and make recommendations to the executive board on governance matters including:

(i).   Strategic issues;

(ii)   Policy development;

(iii)  Oversight of operational activities of the union;

(iv)  Industrial activities within their sector.

(c)     To elect two co-convenors, at least one of whom shall be a woman, to chair the sector committee and represent the sector on the executive board in accordance with rule 42.

(d)    To propose motions to national and special delegates’ congresses

(e)    To propose president and life membership nominations to national and special delegates’ congresses.

(f)      To provide formal reports to, and generally communicate with, members in the sector about the activities of the sector committee and the activities and policies of the executive board.

(g)    To establish procedures for the operation of the sector committee, subject to the approval of the executive board and any provisions in the regulations.

(h)    To share information of common interest to members of the PSA represented in the sector.

(i)      To consider any issue or any motion proposed by members from any enterprise within the sector.

(j)      To work with and support the sector māngai.

(k)    To co-ordinate the selection of sector delegates to national delegates’ congress, special delegates’ congresses and annual general meetings in a manner consistent with the guidance contained in the regulations.

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PART 7: Te Rūnanga o Ngā Toa Āwhina

34. Definition 
35. Enterprise representation 
36. Sector hui 
37. Sector rūnanga 
38. Committee of Te Rūnanga o Ngā Toa Āwhina 
39. Te Rūnanga Taumata 
40. Kuia and kaumātua

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34.    Definition

(1)  The purpose of Te Rūnanga O Ngā Toa Āwhina is to provide representation and co-ordination of Māori members within the structures of the PSA. All PSA members who identify as Māori are part of Te Rūnanga O Ngā Toa Āwhina.

Return to Part 7: Te Rūnanga o Ngā Toa Āwhina 

35.   Enterprise Representation

(1)    Every enterprise delegate committee is to provide a position for Hinonga Māngai Māori , where one is elected.

(2)    The role of Hinonga Māngai Māori is to represent the interests of Māori members within the enterprise and to  provide a point of connection with the wider representative structures within Te Rūnanga O Ngā Toa Āwhina,

(3)    Hinonga Māngai Māori is to be elected by Māori members in that enterprise according to the process set out in the regulations and in accordance with the principles in rule 9.

(4)    The term of the Hinonga Māngai Māori shall be two (2) years and shall run concurrent with the term of the enterprise committee.

(5)    Where a vacancy occurs in the course of a two year term a by-election may be held according to the process set out in the regulations and in accordance with the principles in rule 9. Under these circumstances the term of the successful candidate shall run until the next election for the enterprise delegates.

Return to Part 7: Te Rūnanga o Ngā Toa Āwhina

36.   Sector Hui

(1)   Each sector will hold a sector hui at least biennially.

(2)   Delegates to sector hui shall be drawn from Hinonga Māngai Māori and other Māori members in the sector. Sector committee members and officers of the union will be entitled to attend and others may attend at the invitation of the sector māngai, provided that numbers and other practical arrangements will be subject to any guidelines set out in the regulations.

(3)  The hui will:

(a)    Discuss issues of interest to Māori members in that sector

(a)     Make recommendations to sector rūnanga , sector committees and the Committee of Te Rūnanga O Ngā Toa Āwhina on matters of policy and strategy

(b)      Appoint three (3) sector māngai

(c)       Elect one (1) designated youth (rangatahi) representative

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37.   Sector Rūnanga

(1)    The sector rūnanga consists of all PSA members in that sector who identify as Māori.

(2)    The Sector Rūnanga may appoint three (3) sector māngai under 36(3)(c) and one (1) rangatahi representative under 36(3)(d). Additional sector māngai and rangatahi representatives may be appointed subject to resource constraints and the approval of the executive board. The executive board must consult with the Committee of Te Rūnanga o Ngā Toa Āwhina before making a decision on extra sector māngai or rangatahirepresentatives.

(3)    All three sector māngai are authorised members of the Committee of Te Rūnanga o Ngā Toa Āwhina and the sector committee, provided that only threeat any one time can attend a meeting of those two bodies, subject to any provisions contained in the regulations.

(4)    The term of the sector māngai and rangatahi representative will be two years, until the next hui authorised to elect the sector māngai and rangatahi representative is held.

(5)    Where a vacancy occurs in the course of a two year term a by-election may be held among Hinonga Māngai Māori delegates in the sector.

(6)   The role and functions of the sector māngai are:

(a)    To be a forum and conduit for the processing of issues that arise between biennial hui;

(b)    To be a forum where its members can share information and test ideas;

(c)     To provide advice and support to the sector committee and the Committee of Te Rūnanga  o Nga Toa Awhina;

(d)    To organise the sector hui.

Return to Part 7: Te Rūnanga o Ngā Toa Āwhina

38.   Committee of Te Rūnanga O Ngā Toa Āwhina

(1)    The Committee of Te Rūnanga O Ngā Toa Āwhina is the body charged with the governance of Te Rūnanga O Ngā Toa Āwhina according to the provisions of these rules.

(2)    The Committee of Te Rūnanga O Ngā Toa Āwhina consists of:

(a)  Two sector mangai from each sector appointed under 37(2)

(b) A designated youth (rangatahi) representative

(3)     The Committee of Te Rūnanga O Ngā Toa Āwhina shall have a quorum when not less than five (5) sector māngai from three (3) or more sector rūnanga are present.

(4)     Where a member of a sector committee has been elected as Tuakana, their position on the committee shall be considered to be vacant.

(5)    On completion of their term Tuakana is entitled to rejoin their sector committee of origin over and above the normal establishment of the sector committee concerned for a period of up to two (2) years.

(6)    The functions and powers of the Committee of Te Rūnanga O Ngā Toa Āwhina are as follows:

(a)    To undertake planning specific to Te Rūnanga O Ngā Toa Āwhina, and to oversee policy implementation within Te Rūnanga O Ngā Toa Āwhina, subject to the rules and regulations of the PSA and the authority of the Executive Board

(b)    To act as advisors and make recommendations to the executive board on governance matters including:

(i)   Strategic issues;

(ii)  Policy development;

(iii) Oversight of operational activities of the union;

(iv)  Relevant industrial activities;

(c)  To propose motions to National and Special Delegates’ congresses;

(d)  To propose President and Life Membership nominations to National and Special Delegates’ congresses;

(e)  To provide formal reports to, and generally communicate with, members about the activities of Te Rūnanga O Ngā Toa Āwhina and activities of the executive board as they affect Māori members;

(f)   The Committee of Te Rūnanga o Ngā Toa Āwhina may establish procedures for the operation of the Committee, subject to the approval of the executive board and any provisions in the regulations;

(g) To elect a Tuakana and deputy (Teina) at least one of whom shall be a woman.

(h)  To share information of common interest to members within Te Rūnanga O Ngā Toa Āwhina;

(i)  To consider any issue or anymotion proposed by sector hui, sector māngai or any group of Māori members;

(j)  To co-ordinate the selection of Te Rūnanga O Ngā Toa Āwhina delegates to the annual general meeting, national delegates’ congress and special delegates’ congress in a manner consistent with the guidance contained in the regulations;

(k)  To work in co-ordination with sector māngai, sector committees and the executive board;

(l)  To attend the national delegates’ congress, special delegates’ congress and annual general meeting;

(m) To review the organisation of sector hui;

(n)  To hold Hui Taumata in accordance with Rule 39.

Return to Part 7: Te Rūnanga o Ngā Toa Āwhina

39.   Hui Taumata

(1)  Hui Taumata is the congress of Te Rūnanga O Ngā Toa Āwhina.

(2)  Hui Taumata shall be held every two (2) years, prior to the date of the national delegates’ congress.

(3)  Representation at Hui Taumata shall be by sector, with sector māngai and rangatahi representativesentitled to attend and other delegates allocated according to the approximate proportion of Māori members in each sector.

(4) The number of delegates, and the election of delegates to Hui Taumata, shall be in accordance with any guidance contained in the regulations.

(5)  The business of Hui Taumata shall be:

(a) To receive reports from sector māngai and the youth (rangatahi) representative;

(b) To consider the business of the national delegates’ Congress

(c) To confirm the designated youth (rangatahi) representative

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40.          Kuia and Kaumatua

(1)  In accordance with rule 4 of these rules, which recognises Te Tiriti o Waitangi as the founding document of Aotearoa/New Zealand, the PSA Te Pūkenga Here Tikanga Mahi will recognise Kuia and Kaumatua with experience in tikanga Māori and tikanga union to provide advice and counsel to the PSA leadership and Te Rūnanga O Ngā Toa Āwhina.

(2)  Te Rūnanga O Ngā Toa Āwhina will identify Kuia and Kaumatua for this role.

(3)  The recognition of Kuia and Kaumatua will be done by a consensus decision of the executive board, including Tuakana. 

(4) The Kuia and Kaumatua shall be entitled to be paid such annual honoraria as may be directed by congress, on the recommendation of the executive board.

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PART 8: Executive Board

41. Preamble 
42. Members 
43. Functions and powers 
44. Delegation 
45. Meetings 
46. Quorum
47. Voting

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41.    Preamble

(1)    The purpose of the executive board is to set policy in between national delegates’ congresses, and to oversee policy implementation and the efficient use of resources across all sectors of the union.  It is to ensure that the purpose and objects of the PSA are reflected in every aspect of the union’s structure, process and activity.

Return to Part 8: Executive Board

 42.   Members

(1)  The executive board shall consist of:

(a)  The president;

(b)  Tuakana (Māori vice-president) and Teina (deputy convenor) of Te Rūnanga o Ngā Toa Awhina;

(c)   A duly elected co-convenor of each sector committee;

(d)  The secretariat;         

(e)  A co-representative of the staff group;

(f)   A national co-convenor of PSA Youth, as a youth representative;

(g)  A national co-convenor of PSA Pasefika, as a Pacific representative

(2)  When a vacancy for a sector committee co-convenor or youth representative, Pacific representative or a co-representative of the staff group arises on the executive board, the provisions of rule 5 will determine whether the vacancy must be filled by a woman.  If a woman is required for the role, the sector committee or the PSA Youth committee, the PSA Pasefika Komiti or the staff group will choose their female co-convenor or co-representative to represent them on the board.

(a)    In the case of sector committees, PSA Youth committee and PSA Pasefika Komiti if both co-conveners are women, or if there is no requirement for a woman on the board in order to comply with rule 5, the committee will elect one of the co-conveners to the board.

(b)    In the case of the staff group, there will be two co-representatives at least one of whom shall be a woman. If both co-representatives are women, or if there is no requirement for a woman on the board in order to comply with rule 5, the staff group will elect one of the co-representatives to the board.

(3)  Each sector convenor, Tuakana, Teina, youth representative, Pacific representative and staff group representative may hold office for two (2) years with right of re-election for a further two (2) consecutive years and may stand for such office again after a break of two (2) years.

(4)  Where a board member  is unable to attend a particular executive board meeting the other co-convenor of the sector,PSA Youth committee or PSA Pasefika Komiti the deputy convenor of Te Rūnanga or the other co-representative of the staff group shall be able to attend and have the same rights as if they were the member.  In the event that this person is unable to attend a proxy representative shall be selected by the committee or group concerned provided that the secretariat shall not have a proxy.

Return to Part 8: Executive Board

 43.   Functions and powers

(1)  The executive board is accountable to the members of the PSA through the national delegates’ congress and is responsible for the effective functioning of the PSA between congresses.  The executive board shall have the following functions:

(a)    The executive board shall be the managing committee of the PSA, with responsibility to oversee the effective operation and maintain the collective integrity of the union;

(b)    The executive board shall have all the powers of the PSA not required by law or by these rules to be exercised by a national delegates’ congress or special delegates’ congress but shall be subject to the control of the national delegates’ congress or a special delegates’ congress;

(c)     The executive board shall take any action as in its opinion may be necessary to promote the purpose and objects of the PSA and the interests of its members, and to implement the policy of the PSA;

(d)    The executive board may, subject to any limitations specified by the congress, exercise any of the powers in rule  8 of these rules provided that any decision to amalgamate with any other union under rule  8(1)(h) of these rules shall be ratified by a national delegates’ congress or special delegates’ congress.

(2)  Without limiting the general powers and functions set out in this rule, the executive board shall have the power to:

(a)    Decide upon or take any action necessary (within the law and these rules) to achieve the purpose and objects of the PSA;

(b)    Place any issue it considers requires the consideration of the members of the PSA in the form of a notice of motion to be decided by a national delegates’ congress or a special delegates’ congress;

(c)     Appoint any sub-committee or person to exercise any of the powers of the executive board to be stated in writing at the time of appointment, and appoint any person to that sub-committee as it sees fit, and such sub-committee shall continue in existence until the executive board resolves otherwise;

(d)    Control the financial and business activities of the PSA;

(e)    Elect a treasurer and a vice president from among the sector and rūnanga members of the executive board in accordance with rules 63 and 65;

(f)     Approve the proposed provisions of any deed or other document intended to be binding on the PSA;

(g)    Remove members in accordance with Part 13 of these rules;

(h)    Approve any new sector or suspend any existing sector of the PSA until the national delegates’ congress or a special delegates’ congress has met to ratify or decline the approval or suspension;

(i)      Allocate new enterprises to sectors and approve the transfer of enterprises between sectors according to any parameters or processes set out in the regulations;

(j)     Appoint a person to represent the executive board in any formal proceedings;

(k)    Appoint national secretaries and negotiate their conditions of employment.

(l)     Take reasonable temporary measures to facilitate the maintenance of the gender balance among its membership in accordance with rule 5.

(3)  Elected members of the executive board shall be entitled to be paid such annual honorarium as maybe directed by the national delegates’ congress, on the recommendation of the executive board.

Return to Part 8: Executive Board

44.   Delegation

(1)  The executive board may delegate any of its powers to any specified officers or employees of the PSA or any specified sector committee, with the following exceptions:

(a)  Disciplinary action against a member;

(b)  The approving of the terms of any deed;

(c)   The execution of deeds and any other documents required to be executed under the seal.

Return to Part 8: Executive Board

45.   Meetings

(1)  The executive board shall meet at least five (5) times per year.  The president may call a special meeting of the executive board at any other time with seven (7) days written notice, and the president may abridge the notice period if in their opinion there are special circumstances that warrant an abridgement.

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46.   Quorum

(1)  At any meeting of the executive board the quorum necessary to transact any business shall be five (5) members of the board made up of not less than:

(a)  Three (3) elected representatives (made up of either sector convenors, a rūnanga representative, the staff group representative, of which a minimum of  two(2) shall be sector convenors); and

(b)  One (1) member of the secretariat; and

(c)  The president (or vice president acting in the absence of the president).

Return to Part 8: Executive Board

47.   Voting

(1)  Decision-making at the executive board shall be in accordance with rule 10 and the provisions of this rule.

(2)  Each member of the executive board has one (1) vote provided that:

(a)  The president as convenor shall have a casting vote when the members are equally divided in opinion, such vote to be in addition to the president’s deliberative vote;

(b)  The members of the secretariat shall have two (2) votes in total and shall not be entitled to vote on matters relating to their:

(i)    accountability to the executive board for the performance of their duties as established under these rules; or

(ii)   management of the finances of the PSA.

(c)    Convenor (tuakana) and deputy convenor (teina) of Te Rūnanga o Ngā Toa Āwhina shall have one vote in total.

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PART 9: Annual General Meeting

48. Preamble 
49. Representation 
50. Timetable 
51. Functions and powers 
52. Quorum 
53. Voting

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48.   Preamble

(1)  The purpose of the annual general meeting is to provide constitutional oversight of the PSA between national delegates’ congresses in accordance with the Incorporated Societies Act 1908.  The executive board is to set policy in between national delegates’ congresses.  Annual general meetings shall be held in years in which no national delegates’ congress is taking place.

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49.   Representation

(1)  The representatives to the annual general meeting shall be:

(a)    The executive board;

(b)    Four (4) additional representatives from each sector and Te Rūnanga O Ngā Toa Āwhina who shall be selected from the members of the sector committee and the Committee of Te Rūnanga O Ngā Toa Āwhina or, should not enough sector or Rūnanga committee members be able to attend, representatives selected in accordance with the regulations, provided that these shall be full members of the union and shall not be officers of the PSA;

(c)  An additional staff group representative.

(2)  Rule 42(3) relating to proxy representatives to the executive board shall apply in relation to executive board members’ attendance at the annual general meeting.

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50.   Timetable

(1)  In years when no national delegates’ congress is taking place an annual general meeting shall be called by the secretariat on completion of the annual audit.  The secretariat shall then:

(a)  Set the date of the annual general meeting;

(b)  Notify the executive board and sectors of the date and place of the annual general meeting provided that no less than thirty (30) days notice shall be given;

(c)   Circulate the financial and organisational reports required under rule 39 to the executive board and sectors not less than fourteen (14) days prior to the date of the meeting.

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51.   Functions and powers

(1)  The functions and powers of the annual general meeting shall be:

(a)  To receive from the treasurer and consider the annual report, statement of income and expenditure, annual balance sheet and auditor’s report;

(b)  To receive from the executive board and consider a report on the activities of the executive board and sectors;

(d)  To make resolutions and give directions on the matters raised in the reports received under this rule;

(e)  To hear members who request a hearing;

(f)   To consider proposals or issues submitted by members.

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52.   Quorum

(1)  At any annual general meeting the quorum necessary to transact any business shall be two-thirds (2/3) of the representatives entitled to attend that meeting.

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53.   Voting

(1) Decision-making at the annual general meeting shall be in accordance with rule 10 and the provisions of this rule. 

(2) Each representative at the annual general meeting has one (1) vote provided that:

(a) The president as convenor shall have a casting vote when the representatives are equally divided in opinion, such vote to be in addition to the president’s deliberative vote;

(b) The members of the secretariat shall not be entitled to vote on matters relating to their:

(i)  accountability to the executive board for the performance of their duties as established under these rules; or

(ii) management of the finances of the PSA.

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PART 10: National Delegates' Congress

54. Definition 
55. Frequency 
56. Timetable 
57. Business 
58. Special Delegates’ congress 
59. Representation 
60. Voting 
61. Quorum

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54.    Definition

(1)  The national delegates’ congress is a body representing all categories of membership of the PSA.  It acts as the highest constitutional authority of the PSA and sets the overall policy direction of the PSA. 

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55.    Frequency

(1)  The national delegates’ congress is to be held once every two (2) years, but no earlier than 1 July of the year that the national delegates’ congress is held.

(2)  The executive board shall set the date, place and time of the national delegates’ congress.

Return to Part 10: National Delegates' Congress

56.    Timetable

(1)  The timetable for organising the national delegates’ congress shall be:

(a)  At least six (6) months before the date set for congress the secretariat shall give notice of the date on which congress is to be held to members, formal networks and the governance structures.   At that time the executive board shall call for nominations from the sectors and Te Rūnanga O Ngā Toa Āwhina for the position of president and notices of motion.

(b)  Nominations for the position of president must be received no later than four (4) weeks following the executive board’s call for nominations. Notwithstanding rule 9(1)(a) a nomination for president must be supported by a resolution from a sector committee or the Committee of Te Rūnanga O Ngā Toa Āwhina,

(c)   At least four (4) months before the date set for congress notice of proposed business must be received by the secretariat which shall then, within two weeks of receiving this notice, circulate:

(i)    information regarding the nominations for the position for president which it has received; and

(ii)   any notices of motion; and

(iii)  any other business material the secretariat considers appropriate to circulate at this time, not including the annual and financial reports.

(d)  Any proposed amendments to notices of motion must be received from sector committees and the Committee of Te Rūnanga O Ngā Toa Āwhina no later than two (2) months before the date set for congress. Such proposed amendments shall be circulated to delegates to congress no later than one (1) month before the date set for congress.

(e)  The annual report and the financial report shall be circulated to delegates to congress no later than one (1) month before the date set for congress.

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57.    Business

(1)  The business of the congress shall be to:

(a)  Exercise constitutional governance of the PSA;

(b)  Determine the policy of the PSA;

(c)   Elect a president;

(d)  Receive a financial report from the executive board;

(e) Appoint an auditor for the ensuing two financial years;

(f)   Consider notices of motion from the executive board, sector committees, the Committee of Te Rūnanga O Ngā Toa Āwhina, clusters or formal networks;

(g)  Receive a report on the executive board’s appointment of the secretariat;

(h)  Receive proposals and recommendations on the union’s activities, interests, policy or administration from the executive board;

( i)   Receive a report from the executive board on any notices of motion from sector committees, the Committee of Te Rūnanga O Ngā Toa Āwhina, clusters or formal networks;

(j)   Receive a report from the executive board on its activities;

(k)  Receive a report from the secretariat on its activities;

(l)    Discuss, receive and decide on any other matter which the national delegates’ congress decides by majority vote to put on the agenda;

(m) Ratify any decision to amalgamate with another union;

(n)  Receive a financial report including financial statements and audited accounts from the treasurer, and the accounts and reports certified by the annual general meetings held since the previous national delegates’ congress;

(o)  Approve any recommended changes to sector structure or introduction of new sectors;

(p)  Decide upon any proposed rule charges;

(q)  Receive representation from any member or group of members on any issue of governance, policy activity or function of the union;

(r)   Consider the award of honorary life membership of the PSA to any member or former member in accordance with rule 12( 5).

(2)  The national delegates’ congress may exercise all the powers of the PSA.

(3)  The national delegates’ congress may delegate to the executive board any matter and may give the executive board any directions it sees fit.

(4)  The effect of every decision made at the national delegates’ congress is to bind every officer, member of the executive board and member of the PSA affected by that decision.

(5)  Notwithstanding the provisions of rule 56(1)(d), an amendment to a notice of motion circulated in accordance with 56(1)(c) may be accepted from the floor of Congress.

(6)    Any financial member of the PSA shall be entitled to attend the national delegates’ congress as an observer. An observer may speak with the permission of the convenor subject to such conditions (for instance, as to subject matter or duration of speaking time) as the convenor may rule, but shall have no vote.

Return to Part 10: National Delegates' Congress

58.   Special delegates’ congress

(1)  A special delegates’ congress may be called by the secretariat at a time and place to be decided by the executive board.

(2)  A special delegates’ congress shall be called by the secretariat within thirty (30) days of the executive board receiving a written application for a special
delegates’ congress.  An application for a special delegates’ congress must be either:

(a)  Signed by a majority of members of the executive board; or

(b)  Accompanied by a petition of not less than fifty (50) financial members in support of the application.

(3)  Any such application must state the business to be transacted at the special delegates’ congress.

(4)  The secretariat shall give to members, formal networks and the governance structuresnot less than one (1) month’s written notice of the date, time and place of any special delegates’ congress as appropriate.

(5)  Any notice given under this rule shall state the business to be transacted at the special delegates’ congress and no business other than that specified in the notice shall be transacted at the meeting.

(6)  Representation at the special delegates’ congress shall be in accordance with rule 59.

(7)  All rules applicable to a national delegates’ congress shall apply with any necessary modifications to a special delegates’ congress.

Return to Part 10: National Delegates' Congress

59.   Representation

(1)  The delegates to a national delegates’ congress or special delegates’ congress shall be as follows:

(a)  The executive board of the PSA;

(b)  Sector representatives: each sector shall be entitled to be represented by:

(i)    one (1) delegate for each five hundred (500) full members of the sector or part thereof as determined by the sector committee; and

(ii)    four (4) sector māngai being that sector’s three (3) representatives on the Committee of Te Rūnanga O Ngā Toa Āwhina and the sector committee plus the rangatahi representative on the sector rūnanga. The rangatahi representative on the Committee of Te Rūnanga O Ngā Toa Awhina is also entitled to attend Congress. Where a sector māngai or rangatahi representative is not able to attend congress the sector rūnanga may select another Māori representative from within the sector.

(c)  An additional representative of the staff group.

(d) Network representatives: each formal network shall be entitled to be represented by:

(i)   three (3) representatives from each formal network, as determined by each formal network’s committee or equivalent

(2)  The process for selecting representatives to attend national delegates’ congress shall be in accordance with the provisions contained in the regulations.

Return to Part 10: National Delegates' Congress

60.    Voting

(1)  Decision-making at the national and special delegates’ congresses shall be in accordance with rule 10 and the provisions of this rule. 

(2)  Not withstanding that delegates to national delegates’ congress have been selected by their sectors or formal networks, each delegate to the national delegates’ congress shall have one (1) vote to exercise at their discretion, provided that:

(a)   there is an expectation that delegates will have used their best endeavours to consult with any members they may be deemed to represent about any matter, election or rule change due to come before congress; and

(b)  the president as convenor shall have a casting vote when the delegates are equally divided in opinion, such vote to be in addition to the deliberative vote of the convenor.

(3)  Where a vote is required it shall be conducted by show of hands except:

(a)     a contested presidential election shall be conducted by secret ballot;

(b)    where the convenor has ruled that there is no clear majority decision from a show of hands or a secret ballot has been called for from the floor. No call from the floor for a secret ballot shall be recognised where the convenor has ruled that a clear majority decision has been achieved.

(4)  The election for president shall be conducted by way of an exhaustive ballot to ensure that the successful candidate receives a majority of votes cast. Procedures involved in an exhaustive ballot are prescribed in the regulations.

Return to Part 10: National Delegates' Congress

61.   Quorum

(1)  The quorum for a national delegates’ congress or a special delegates’ congress shall be two-thirds (2/3) of the delegates entitled to attend that congress.

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PART 11: Provisions Relating to Officers

62. President 
63. Vice President 
64. Te Rūnanga o Ngā Toa Āwhina Convenor 
65. Treasurer 
66. Secretariat

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62.    President

(1)  The president shall be a member of the PSA nominated by a sector committee or the Committee of Te Rūnanga O Ngā Toa Āwhina in accordance with rules 33(1)(d) and 38(4)(c)  and elected by the national delegates’ congress in accordance with rules 9, 57(1)(c) and  60(3)(a).

(2)  The president shall be elected every two (2) years at the national delegates’ congress, with the right of re-election for a further two (2) years, and may stand for such office again after a break of two (2) years.  The president’s term shall begin at the conclusion of the congress at which he/she was elected.

(3)  The president shall be the head of the PSA whose functions shall be:

(a)  To attend and convene all meetings of the national delegates’ congress, special delegates’ congresses, annual general meetings and the executive board;

(b)  To be a spokesperson for the PSA where appropriate;

(c)   To carry out the direction of the national delegates’ congress, special delegates’ congresses, annual general meetings and the executive board;

(d)  To perform any other lawful duties as may from time to time be necessary;

(e)  To enhance the union’s profile;

(f)   To maintain an overview of the activities in sectors and Te Rūnanga O Ngā Toa Āwhina.

(4)  The president may attend, as appropriate, any meeting of a sector committee or the Committee of Te Rūnanga o Nga Awhina.

(5)  The president shall be entitled to be paid such annual honorarium as may be directed by the congress on the recommendation of the executive board.

Return to Part 11: Provisions Relating to Officers

63.    Vice President

The vice president shall be elected from the members of the executive board, other than the President, Tuakana, staff representative or the secretariat. The vice president shall be elected every two (2) years at the first executive board meeting following the national delegates’ congress, with the right of re-election for a further two (2) years, and may stand for such office again after a break of two (2) years.

(1)  Where the president is absent for any reason the vice president shall have and may exercise all powers of the president until the president is able to resume their duties.

(2)  Where there is a vacancy in the office of president the vice president shall have and may exercise all powers of the president until a new president is elected in accordance with these rules.

(3)  In case of incapacity or absence from New Zealand, the executive board may appoint another of its members to carry out the vice president’s functions temporarily.

(4)  Where a vacancy occurs in the office of vice president the executive board shall elect a successor from among sector and rūnanga representatives on the executive board.

Return to Part 11: Provisions Relating to Officers

64.   Te Rūnanga O Ngā Toa Āwhina Convenor

(1)   Tuakana shall be the Māori vice-president of the PSA and the convenor of Te Rūnanga o Ngā Toa Awhina.

(2)   Tuakana shall be a delegate of the PSA elected every two (2) years by the Committee of Te Rūnanga O Ngā Toa Āwhina in accordance with rule 38(4)(e)

(3)   Tuakana will be the representative of Māori members within the PSA and will have the following functions:

(a)     To attend and convene all meetings of the Committee of Te Rūnanga O Ngā Toa Āwhina and Hui Taumata;

(b)     To be a member of the executive board as the representative of Māori within the PSA;

(c)      To maintain an overview of the activities in sectors and Te Rūnanga O Ngā Toa Āwhina on matters Māori.

(4)  Tuakana may attend, as appropriate, any sector hui or meeting of sector māngai or sector committee.

(5)  Where a vacancy occurs in the office of Tuakana, Teina will act in the role until a new convenor is elected in accordance with these rules.

Return to Part 11: Provisions Relating to Officers

 65.   Treasurer

(1)  The treasurer shall be elected from the members of the executive board, other than the President, Tuakana, staff representative or the secretariat.

(2)  The treasurer shall be elected every two (2) years at the first executive board meeting following the national delegates’ congress, with the right of re-election for a further two (2) years and may stand for such office again after a break of two (2) years.

(3)  The treasurer shall oversee the maintenance of the financial records of the PSA.

(4)  The treasurer shall, as directed by the executive board, present the annual accounts, audit and annual budget of the union, and any other proposals of a financial nature to the annual general meeting and national delegates’ congress.

(5)  In the case of incapacity or absence from New Zealand, the executive board may appoint another of its members to carry out the treasurer’s functions temporarily.

Return to Part 11: Provisions Relating to Officers

66.   Secretariat

(1)  The secretariat is the collective of national secretaries appointed in terms of these rules, is responsible for the operational activities of the union and is the employer of the staff of the union.

(2)  Where the secretariat is required to vote in any forum it shall decide on the allocation of its votes between and within its members.

(3)  The secretariat shall:

(a)  Act in accordance with their employment contracts and the job descriptions set by the executive board;

(b)  Call and attend meetings of the executive board, national delegates’ congress, special delegates’ congresses and annual general meetings and be responsible for the taking of the minutes of such meetings;

(c)   Efficiently manage the affairs and resources of the union and report to the executive board on these matters as required;

(d)  Manage all matters related to the employment of staff, and report to the executive board on staff levels and needs, recommend the appropriate number of staff and to negotiate an appropriate collective employment agreement with staff;

(e)  Provide such resources and servicing necessary for the treasurer to adequately and satisfactorily oversee a proper and prudent use and accounting of the union’s financial resources and property;

(f)   Keep the register of members required by rule 19;

(g)  Prepare and forward to the Registrar any information required to be forwarded under the Incorporated Societies Act;

(h)  Hold the seal of the PSA;

(i)    Obey all lawful instructions and perform all lawful things as may be given or required to be done by the executive board, national delegates’ congress or special delegates’ congress or by the Incorporated Societies Act or other legislation, or under these rules;

(j)   Do and perform all such other duties as may usually apply to a chief executive officer including delegating functions under this rule to appropriate staff or officers of the PSA;

(k)  Keep all proper financial records and systems as may be required under the supervision of the treasurer and executive board.

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PART 12: Casual Vacancies

67. President
68. Executive board members 

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67.    President

(1)  Where the presidency of the PSA becomes vacant for any reason other than the expiry of the term of office, that vacancy shall be filled in the following manner:

(a)  Where a vacancy occurs within the last six (6) months of the president’s term the vice president shall remain in office for the balance of the term of their predecessor;

(b)  In all other situations, the secretariat shall call for nominations from the sectors for the position of president within one (1) month of the vacancy occurring.  Such nominations are to be received within one (1) month of the call for nominations.  The executive board shall then conduct an election for president at the next scheduled meeting of the executive board.

(2)    A person elected in accordance with this rule shall hold office for the unexpired period of the term of office of that person’s predecessor and shall be eligible for
re-election thereafter, for one further two (2) year term.

Return to Part 12: Casual Vacancies

68.    Executive board members

(1)  Where an elected member of the executive board, other than the president, vacates their position on the board for any reason other than the expiry of their term on the executive board, that vacancy shall be filled in the following manner:

(a)   The executive board shall within one (1) month of learning of the vacancy instruct either:

(i)    the sector committee; or

(ii)   the Committee of Te Rūnanga O Ngā Toa Āwhina; or

(iii)  the staff group

which elected the representative to hold an election for a new representative in accordance with the processes in these rules and the regulations.  Such election is to be held as soon as reasonably possible.  The sector committee or the Committee of Te Rūnanga O Ngā Toa Āwhina or the staff group must notify the secretariat of the results of this election and the new representative will be entitled to attend the next scheduled meeting of the executive board following this notice. 

(2)  A person elected in accordance with this rule shall be eligible to hold office for two (2) years from the date of this election and shall be eligible for re-election thereafter in accordance with rule 42(2).

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PART 13: Removal from Office

69. Officers 
70. Secretariat 
71. Delegates and representatives 
72. Members

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69.    Officers

(1)  An officer of the PSA may at any time be removed from office by reason of:

(a)  Inability to perform the requirements of the position; or

(b)  Bankruptcy; or

(c)   Neglect of duty; or

(d)  Misconduct; or

(e)  Misappropriation of PSA funds or property.

(2)  The process established in this rule is the only means of removing the specified officers notwithstanding any rule relating to the disciplining of members.

(3)  Any member of the executive board may give notice of intent to move a motion at the next meeting for removal of a specified officer or officers.  The motion (if brought forward) shall be considered at the next meeting of the executive board.  At such meeting where the notice of removal is considered the person or persons shall be invited to answer any allegations of misconduct, neglect or misappropriation.

(4)  If the executive board passes this resolution, the secretariat shall:

(a)  Notify the person(s) whose removal is sought of the resolution and of the process outlined in these rules to decide the matter;

(b)  Call a special delegates’ congress in accordance with rule 58 whose business shall be to decide on the resolution.

(5)  The secretariat shall inform the person(s) whose removal is sought of the time and place of any special delegates’ congress that is called to consider the matter and the person(s) shall be entitled to speak at any such meeting.

(6)  Should the PSA resolve at the special delegates’ congress that the person(s) should be removed, the position(s) shall be deemed to be vacant.

Return to Part 13: Removal from Office 

70.    Secretariat

The executive board shall have the power to dismiss or discipline any national secretary where that national secretary has:

(1) Committed any breach of the rules and policies of the PSA;

(2) Committed any breach of their employment agreement provided that the executive board shall make this decision in accordance with the provisions of the national secretary’s employment contract, and normal employment practices.

 Return to Part 13: Removal from Office

71.   Delegates and representatives

(1)  Delegates and representatives are accountable to those who elect them. Accordingly they may only be removed by a vote of members within the constituency that elected them according to the processes set out in this Rule, except when removed or suspended as a member under Rule 72 or on the expiry of a non-renewable term as set out in these Rules

(2) Where members lose confidence in a delegate, the delegate may be suspended or removed on the resolution of members in the workplace or enterprise concerned at a meeting of members called in accordance with rule 29 and voting in accordance with rule 10.

(3)  Where delegates lose confidence in a delegate elected by a constituency of delegates to a higher delegate committee, such as a regional or national delegate committee, the delegate may be suspended or removed on a vote of that constituency of delegates. The delegates within that constituency must also use their best endeavours to consult with the members or delegates they represent prior to the vote.

(4)  Where members in a sector committee constituency, or members of a sector committee, lose confidence in a representative on that sector committee, the representative may be suspended or removed on the resolution of the sector committee provided that:

(a)  In the case of members in a constituency losing confidence there has been a resolution from one or more enterprises in the constituency the representative represents calling for the suspension or removal of the sector committee representative;

(b)  In all cases the sector committee must have used best endeavours to consult with delegates in the enterprises in the constituency the representative represents.

(5)  Where members of a sector committee lose confidence in a co-convenor, the co-convenor may be suspended or removed on the resolution of the sector committee, provided that they must use their best endeavours to consult with the members and delegates they represent prior to the vote.

(6)   Where members of the Committee of Te Rūnanga o Ngā Toa Awhina lose confidence in the convenor(tuakana) or deputy convenor (teina), that person may be suspended or removed on the resolution of the Committee of Te Rūnanga o Ngā Toa Awhina, provided that the Committee must use their best endeavours to consult with Māori members and delegates prior to the vote.

 (7) Where members of Te Rūnanga O Ngā Toa Āwhina or the Committee of Te Rūnanga O Ngā Toa Āwhina, lose confidence in a sector māngai (being also a representative to both the relevant sector committee and the Committee of Te Rūnanga O Ngā Toa Āwhina) the representative may be suspended by resolution of the Committee of Te Rūnanga O Ngā Toa Āwhina provided that the Committee of Te Rūnanga O Ngā Toa Āwhina shall use their best endeavours to consult with Māori members in the sector concerned.

(8)  Whenever a motion of no confidence is moved under this rule:

(a)   the vote must be conducted in accordance with rule 10, except that consensus does not apply and the vote must be conducted by secret ballot; and

(b)    meetings and voting may be held remotely using on-line technology provided that the ballot is able to be conducted secretly.

(c)   the delegate or representative who is the subject of the motion has the right to:

(i)    be notified of the motion, and the reasons that led to its being moved, in advance of it being presented to the meeting at which it is due to be put; and

(ii)   be heard by the meeting at which the motion is to be put prior to the motion being put to the vote.

 Return to Part 13: Removal from Office

72.   Members

(1)    The Executive Board shall have the power by formal resolution, after considering a complaint laid before it in writing by any member or group of members, to discipline any member whom it finds has committed any of the following:

(a)    Knowingly acting in a manner contrary to the rules of the union;

(b)    Knowingly acting in a manner contrary to the policies of the union made in accordance with these rules;

(c)    Misappropriating union money or property;

(d)    Knowingly divulging information confidential to the union, or the business of the union, unless otherwise authorised by the Executive Board;

(e)    Wilfully ignoring a lawful resolution of the union;

(f)    Wilfully assaulting an officer, elected representative of the PSA, delegate, member of the PSA or employee of the PSA;

(2)   The Executive Board may impose one or more of the following penalties:

(a)    Caution;

(b)    Censure;

(c)    Suspension or expulsion from membership of the union;

(d)    Suspend the imposition of any penalty for a period not exceeding a year upon the member giving an undertaking to abide by these rules.

(3) No disciplinary action shall be taken until the member has had a chance to state their case either themself or through a representative.

(4)  Any person expelled, censured or suffering a suspended penalty shall be entitled to appeal to the disciplinary appeal authority against the decision of the executive board.  Such appeal shall be made by giving notice in writing to the secretariat within fourteen (14) days of the notification to the member of the decision appealed against.

(5)  The disciplinary appeal authority shall comprise:

(a)  A member nominated by the disciplined member;

(b)  A member nominated by the executive board;

(c)   A mutually acceptable convenor who shall be a member of the union.

(6)  No member of the disciplinary appeal authority shall have prior knowledge or personal or vested interest in the case under review.

(7)  Pending the hearing of any appeal by the disciplinary appeal authority, the executive board’s decision shall remain in force.

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PART 14: Clusters and Networks

73. Clusters 
74. Networks 
75. PSA Pasefika 
76. Women’s Network 
77. PSA Youth (PSAY) 
78. Out@PSA 
79. Deaf and Disabled 
80. Eco Network

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73.   Clusters

(1)    Clusters are groupings of members employed by agencies or enterprises that work in broadly the same area of business, with common interests that relate to that area of business and may cut across sectors.

(2)    Delegates from these enterprises may meet in committees, with the approval of the Secretariat  to enable the common interests of members to be addressed by the union.

(3)    Cluster committees have no formal governance responsibilities and cannot speak on behalf of the PSA unless authorised by the executive board, but may work with PSA staff to:

(a)  provide advice to the executive board, sector committees or the Committee of Te Rūnanga O Ngā Toa Āwhina;

(b) co-ordinate union activities that are consistent with union policies and strategies;

(c)  facilitate information sharing among their members;

(d) submit notices of motion to the national delegates’ congress;

(e)  organise themselves in ways that are consistent with the policies, rules and regulations of the PSA.

(4)    Cluster committees may exist on either an ongoing or project specific basis.

(a)    Before a cluster committee is established the appropriate sector committees are to be consulted;

(b)   The establishment of a cluster committee on an ongoing basis requires the approval of the executive board;

(c)    Once a cluster committee has been established as ongoing the regulations shall be amended to reflect this.

Return to Part 14:  Clusters and Networks

74.   Networks

(1)    Networks are groupings of members with common interests that can cut across the sectors.

(2)    Networks communicate through the use of telecommunications and face to face meetings as appropriate.

(3)    Networks may be either formal or informal.

(4)      Formal and informal networks may establish, or may be required by the board to establish, procedures for the management or operation of the network. Any network procedures will be subject to the approval of the executive board and any provisions in the Regulations.

(5)    Formal networks have no formal governance responsibilities and cannot speak on behalf of the PSA unless authorised by the executive board, but may work with PSA staff to:

(a)    provide advice to the executive board, sector committees or Te Rūnanga O Ngā Toa Āwhina;

(b)    co-ordinate union activities that are consistent with union policies and strategies;

(c)     enable those involved to provide each other with support including mentoring;

(d)    facilitate information sharing among their members;

(e)    submit notices of motion to the national delegates’ congress;

(f)      organise themselves in ways that are consistent with the policies, rules and regulations of the PSA. 

(6)    Formal networks may be established with the approval of the executive board and may be included in the rules by decision of the national delegates’ congress.

(7)    Groupings recognised as formal networks under these rules are:

(a)    PSA  Pasefika (see rule 75);

(b)    Women’s network (see rule 76);

(c)     PSA Youth network (PSAY) (see rule77);

(d)    Out@PSA   (see rule 78);

(e)    Deaf and disabled network (see rule 79)

(f)      Eco Network (see rule 80).

(8)  Informal networks exist primarily to:

(a)    enable those involved to provide each other with support, including mentoring;

(b)    facilitate information sharing among their members.

(9)  Informal networks may exist under the following conditions:

(a)  They have no governance or decision-making function and may not speak on behalf of the PSA;

(b)  They may co-ordinate union activities that are consistent with union policies and strategies;                         

(c)   Their activities will be consistent with the PSA policies, rules and regulations;

(d)  They require secretariat approval to be recognised as PSA networks under these rules and recognition may be withdrawn if these conditions are breached.

Return to Part 14:  Clusters and Networks

75.   PSA Pasefika

(1)    In accordance with rule 74, there will be a PSA Pasefika of the PSA, which shall be subject to the rules, regulations and policies of the union.

(2)    The PSA Pasefika exists to:

(a)    promote the interests of Pacific peoples within the PSA;

(b)    facilitate the sharing of information and experiences;

(c)     encourage and support Pacific peoples’  participation in the representative structures at all levels.

 Return to Part 14:  Clusters and Networks

76.   Women’s Network

(1)      In accordance with rule 74, there will be a Women’s Network of the PSA, which shall be subject to the rules, regulations and policies of the union.

(2)      The Women’s Network exists to:

(a)    promote the interests of women within the PSA;

(b)    facilitate the sharing of information and experiences;

(c)     encourage and support women’s participation in the representative structures at all levels.

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77.   PSA Youth (PSAY)

(1)      In accordance with rule 74,  there will be a Youth Network of the PSA, for PSA members aged 35 and under, which shall be subject to the rules, regulations and policies of the union.

(2)      The Youth Network exists to:

(a)    promote the interests of young people within the PSA;

(b)    facilitate the sharing of information and experiences;

(c)     encourage and support young people’s participation in the representative structures at all levels.

 Return to Part 14:  Clusters and Networks

78. Out@PSA

(1)      In accordance with rule 74, there will be an Out@PSA Network of the PSA, which shall be subject to the rules, regulations and policies of the union.

(2)      The Out@PSA Network exists to:

(a)    promote the interests of gay, lesbian, bi-sexual, transgender/transsexual and intersex members within the PSA;

(b)    facilitate the sharing of information and experiences;

(c)     encourage and support the participation of gay, lesbian, bi-sexual, transgender/transsexual and intersex members in the representative structures at all levels.

Return to Part 14:  Clusters and Networks

79.  Deaf and disabled network

(1)    In accordance with rule 74, there will be a Deaf and disabled network of the PSA, which shall be subject to the rules, regulations and policies of the union.

(2)   The Deaf and disabled network exists to:

(a)    promote the interests of Deaf and disabled people within the PSA;

(b)    facilitate the sharing of information and experiences;

(c)     encourage and support Deaf and disabled peoples’ participation in the representative structures at all levels.

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80. Eco Network

(1)   In accordance with rule 74, there will be an Eco Network of the PSA, which shall be subject to the rules, regulations and policies of the union. 

(2)   The Eco Network exists to: 

(a) promote environmental interests within the PSA; 

(b) facilitate the sharing of information and resources; 

(c) encourage engagement and action on the environment.

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PART 15: Administrative Matters

81. Financial matters 
82. Seal 
83. Winding up 
84. Indemnity cover 
85. Adverse events
86. Amendments to rules 
87. Transitional arrangements

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81.    Financial matters

(1)  The PSA shall keep accounting records in accordance with current accounting practices and taxation legislation.

(2)  The funds and property of the PSA shall be vested in the PSA and managed by the executive board.  Accountabilities for and management of those funds shall be in accordance with these rules.

(3)  All monies received shall be paid to the credit of the PSA into a bank or banks selected for that purpose by the executive board.

(4)  Cheques shall be signed in accordance with authorisations as approved from time to time by the executive board.

(5)  The annual income and expenditure account and annual balance sheet shall be signed in accordance with standard accounting procedure and presented by the treasurer to the annual general meeting and national delegates’ congress together with the auditor’s report on the accounts;

(6)  The auditor shall prepare and sign a certificate in accordance with standard auditing procedures;

(7)  The PSA shall furnish the Registrar of Incorporated Societies with a copy of the audited accounts in terms of the Incorporated Societies Act.

Return to Part 15:  Administrative Matters

 82.   Seal

(1)  The PSA shall have a common seal.

(2)  The executive board shall have the power to alter or renew the common seal of the union.

(3)  The seal shall be kept in the custody of the secretariat.

(4)  The members of the secretariat and the president shall have the power to affix the seal to any document requiring the affixing of the seal.

(5)  The executive board may authorise any named person or persons in addition to those above to affix the seal.

 Return to Part 15:  Administrative Matters

83.   Winding up

(1)  The PSA may be wound up in accordance with the provisions of the Incorporated Societies Act 1908 if:

(a)  At either the national delegates’ congress or a special delegates’ congress a resolution is passed requiring the PSA to be wound up; and

(b)  That resolution is confirmed at a subsequent special delegates’ congress called together for that purpose and held not earlier than thirty (30) days after the date on which the resolution to wind up was passed.

(2)  Where the PSA is wound up or dissolved all surplus assets after the payment of all costs, debts and liabilities shall be disposed, following the final audit, as decided at the final national delegates’ congress or special delegates’ congress provided that no portion of such assets and funds shall under any circumstances be distributed to any member of the PSA.

 Return to Part 15:  Administrative Matters

84.   Indemnity cover

(1)  The executive board shall be entitled to effect professional indemnity cover in respect of claims made against:

(a)  The PSA; or

(b)  Any officer, or delegate or employee of the PSA in their capacity as an officer, delegate or employee, including costs incurred in defending or settling any such claim.

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85.   Adverse events

The Executive Board may temporarily amend the application of the rules and regulations to the extent that is necessary to allow for business continuity in circumstances where a civil defence emergency is in place, or the Board unanimously agrees that an adverse event makes following the normal rules and regulations impossible. Before doing so, the Board is to consider all reasonable alternatives to achieve compliance with the current rules and regulations.  The Board can, where necessary, amend the rules and regulations which will be in force on a temporary basis in such a way that achieves the intent of the existing rules and regulations as far as possible. The Board will consult with sector committees if that is practical in the circumstances.  The rules and regulations, as temporarily amended under this rule, shall be notified to the members as soon as possible. The rules and regulations, as temporarily amended under this rule,  shall cease to apply when the civil defence emergency is lifted, or at the date set in the rules and regulations, as temporarily amended, or one year after they were amended, whichever is the earliest. On the date the temporary rules and regulations no longer apply, the normal rules which were in force before the amendments will again apply.

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86.    Amendments to rules

(1)  A rule amendment may be promoted by either:

(a)  The executive board; or

(b)  Any sector committee; or

(c)  The Committee of Te Rūnanga O Ngā Toa Āwhina; or

(d)  Any workplace members’ meeting.

(2)  Any rule amendment may be made by resolution passed by a majority of the delegates voting at a national delegates’ congress or at a special delegates’ congress, provided that notice of any proposed changes, and any amendments to those proposed changes, shall have been received by the secretariat and circulated according to the timetable in rule 56.

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87. Transitional Arrangements

Whenever these rules are amended in accordance with rule 86, the Executive Board shall have the power to put in place any reasonable temporary arrangements that may be required to ensure the efficient transition to full application of the amendments, provided that the national delegates’ congress or special delegates’ congress is advised of the intention and scope of these arrangements at the time the amendments to the rules are being considered.

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