Is EXMSS acting lawfully?
Massive Mag reports:
The Vice-President of the Extramural Students’ Society (EXMSS) and the executive Extramural and International Students representative say they have been “unlawfully dumped” from their positions.
President Jeanette Chapman announced the removals of Vice-President Dave Crampton and International Students’ executive Linda O’Dea in an April 12 message on the EXMSS website and Facebook page.
It says the pair were removed from the association because they “failed to…ensure [theirs and others’] membership of EXMSS”.
Membership costs $15, and according to the EXMSS 2012 constitution from the website, is to be paid within 60 days of the issue of an invoice, but both Crampton and O’Dea claim they did not receive an invoice.
And even if they did, you follow it up and do a reminder.
According to the Incorporated Societies Act, the most recent registered constitution from EXMSS is from 1997. Media Advisor from the Ministry of Business, Innovation and Employment, Britton Broun states “Under the Incorporated Societies Act, any alteration to the rules of an incorporated society will only take effect once it has been registered. Accordingly, it would appear that the rules that are legally in effect for the Massey University Extra-Mural Students’ Society Incorporated are the 1997 rules which appear on the register – the 2012 rules will only come into effect once they have been signed by at least three members of the society, delivered to the Registrar for registration, and registered.”
If this version is to be taken as the valid one, a member shall cease to be a member if he/she (iii) “Fails to pay the society’s annual subscription by the date of the Annual General Meeting.”
Crampton says that no AGM has occurred this year and a date for such has not been set.
The law is clear, that the 1997 constitution is the one legally in force.
It says something about the competence of EXMSS they no one has registered any constitutional changes in the last 15 years.
UPDATE: For avoidance of doubt, my criticism of the lack of registration of constitutional changes is not directed at the current Exec, but previous ones.