Rules of Renters United Incorporated

These rules (also known as the Constitution) were last updated and approved at the Annual General Meeting on the 9th of August 2024.

The Society

1. Name

1.1. The name of the society is Renters United Incorporated (“the Society”).

2. Registered Office

2.1. The Registered Office of the Society is in New Zealand.

3. Purpose of the Society

3.1. The purposes of the Society are to:

  1. promote the health and wellbeing of people who live in rented accommodation in Aotearoa New Zealand (“renters”);
  2. provide education about the rights and obligations of renters and landlords;
  3. represent and promote the interests of renters; and
  4. do any act or thing incidental or conducive to the attainment of any of the above purposes.

3.2. Pecuniary gain is not a purpose of the Society.

3.3. The Society acknowledges Te Tiriti o Waitangi as the founding document of Aotearoa New Zealand. The Society will carry out its purposes consistently with the principles of Te Tiriti o Waitangi.

Society Membership

4. Types of Members

4.1. The Society will have two types of membership (collectively “Members”):

  1. Ordinary Members, who must live in rented accommodation or aspire to do so; and
  2. Supporting Members, who do not live in rented accommodation, but support the Society and its purposes.

4.2. An individual that is defined as a landlord, letting agent or landlord’s agent under the Residential Tenancies Act 1986 is not eligible to be an Ordinary Member.

  1. Exception is granted for landlord’s agents and letting agents who do not own a property, and live in rented accommodation.

5. Admission of Members

5.1. To become a Member, a person must apply to the Managing Committee and supply any information required by the Managing Committee.

5.2. The Committee will decide on applications. The Committee will advise the applicant of its decision, and that decision will be final.

5.3. The Committee may appoint Ordinary Members (“Membership Secretaries”) to administer applications on their behalf.

  1. Decisions made by Membership Secretaries can be appealed by the applicant.
  2. Appeals should be addressed to the Managing Committee which will make a decision on the appeal, and that decision will be final.

6. Register of Members

6.1. The Secretary will keep a register of Members (the “Register”), which will contain the names, addresses of all members, the dates at which they became members, and their membership type as defined by section 4.1.

7. Ending membership

7.1. A Member’s membership will end if the Member:

  1. dies;
  2. resigns by giving written notice to the Secretary;
  3. has their membership ended by a decision of the Managing Committee.

7.2. An Ordinary Member who ceases to be entitled to be an Ordinary Member under
clause 4.1 will automatically become a Supporting Member

8. Responsibilities of Members

8.1. Members will:

  1. uphold the purposes of the Society and not bring it into disrepute;
  2. respect and uphold the rights of fellow Members;
  3. inform the Society of any changes to their membership information;
  4. follow the Society’s Code of Conduct; and
  5. Follow the Society’s Anti-Harassment Policy (Schedule 1).

Management of the Society

9. Managing Committee

9.1. The Society will have a managing committee (“the Committee”), comprising the following positions:

  1. the President
  2. the Secretary
  3. the Treasurer and
  4. other positions, if any, decided by the Society.

9.2. Only Ordinary Members may be the President, Secretary and the Treasurer.

9.3. The role of the Committee is to:

  1. administer and manage the Society;
  2. manage the Society’s financial affairs, including approving the annual financial statements for presentation to the Members at the Annual General Meetings;
  3. represent the Society as spokespersons unless delegated to other persons; 
  4. delegate responsibility;
  5. set the times and dates for all Meetings, and set the agenda for Meetings; and
  6. ensure there is always at least one contact person for the Society.

10. Appointment of Committee Members

10.1. At a Society Meeting, the Members may decide by majority vote:

  1. how large the Committee will be;
  2. who shall be the President, Secretary, and Treasurer;
  3. whether any Committee Member may hold more than one position as an officer.

10.2. The term of a Committee Member will be two years from the date of their appointment (the “Term”). Committee Members may be re-appointed consecutive or subsequent terms.

10.3. The Committee may co-opt additional Committee Members. Co-opted Committee Members will have the same rights and responsibilities as other Committee Members. The term of a Co-opted Committee Member may not exceed two years, but Co-Opted Committee Members may be re-appointed for consecutive or subsequent terms.

11. Cessation of Committee Membership

11.1 Persons cease to be Committee Members when:

  1. they resign by giving written notice to the Committee;
  2. they are removed by majority vote of the Society at a Society Meeting;
  3. they are absent from three consecutive Committee Meetings without leave of absence;
  4. their Term expires.

11.2 If any Committee Member is absent from three consecutive Meetings without leave of absence the President may declare that person’s position to be vacant.

11.3 If a person ceases to be a Committee Member, that person must within one month give to the Committee all Society documents and property.

11.4. Upon the cessation of an individual’s Committee Membership or if a role remains vacant at an AGM, the Managing Committee, in its sole discretion, may choose to leave the position vacant, or fill the position for a term ending at the next Annual General Meeting.

  1. If the Committee decides to fill the position it will:
  1. advertise that the position has become vacant, and that the Committee is accepting nominations to all Ordinary members,
  2. accept nominations for the role for a period advertised to Ordinary Members, and
  3. determine the new position holder by vote of Ordinary Members.

11.5. In the event that a cessation of an individual’s Committee Membership reduces the number of Committee Members to less than three, the Committee must fill the position in accordance with 11.4.

12. Powers of the Committee

12.1 All decisions of the Committee will be by a majority vote. In the event of an equal vote, the President will have a casting vote; that is, a second vote.

12.2 Decisions of the Committee are binding unless the Committee’s power is limited by these Rules or by a majority decision of the Society.

13. Roles of Committee Members

13.1. The president is responsible for:

  1. ensuring that the Rules are followed;
  2. convening Meetings and establishing whether or not a quorum is present;
  3. chairing Meetings, deciding who may speak and when;
  4. overseeing the operation of the Society;
  5. providing a report on the operations of the Society at each AGM; and
  6. enforcing the Anti-Harassment Policy and Code of Conduct (Schedule 1) on behalf of the Committee.

13.2. The Secretary is responsible for:

  1. recording and distributing the minutes of Meetings;
  2. keeping and maintaining the Register of Members (comprising all Members’ details);
  3. holding the Society’s records, documents, and books except those required for the Treasurer’s function;
  4. receiving and replying to correspondence as required by the Committee;
  5. forwarding the annual financial statements for the Society to the Registrar of Incorporated Societies upon their approval by the Members at an Annual General Meeting;
  6. advising the Registrar of Incorporated Societies of any rule changes; and
  7. be a contact person for the society.

13.3. The Treasurer is responsible for:

  1. making and recording the Society’s financial transactions so that its financial accounts are clear and transparent;
  2. preparing and providing an annual financial report for presentation at each AGM;
  3. providing financial information to the Committee as required.

14. Committee Meetings

14.1. Committee Meetings may be held by video or telephone conference, or other formats decided by the Committee.

14.2. No Society Meeting may be held unless three people, or half the Committee Members attend (whichever is the larger).

14.3. The President will chair Meetings. If the President is absent, either the President will nominate another Committee Member or the Committee will elect a Committee Member to chair that Meeting. The President or their nominee will adjourn the Meeting if necessary.

14.4. Decisions of the Committee will be by majority vote.

14.5. The President or person acting as President has a casting vote, that is, a second vote.

14.6. Only Committee Members present at a Committee Meeting can vote.

Conduct of Society Meetings

15. Society Meetings

15.1. A Society Meeting is either an Annual General Meeting or a Special General Meeting.

15.2. The Annual General Meeting shall be held once every year in April, May or June. The Committee shall determine when and where the Society shall meet within those dates.

15.3. Special General Meetings may be called by the Committee. The Committee must call a Special General Meeting if the Secretary receives a written request signed by at least 20% of the Members.

15.4. The Committee may decide that a Society Meeting be held by video or telephone conference, or other formats decided by the Committee.

15.5. The Secretary will:

  1. give all Members at least 14 days Written Notice of the business to be conducted at any Society Meeting;
  2. additionally, the Secretary will provide the Members with copies of documents for the meeting.

15.6. All Members may attend Society Meetings, but only Ordinary Members may vote at Society Meetings.

15.7. No Society Meeting may be held unless at least 10 Ordinary Members attend. (This will constitute a quorum.) If the Society has less than 20 Members, a quorum will be 40% of the Members.

15.8. All Society Meetings shall be chaired by the President. If the President is absent, the Society shall elect another Committee Member to Chair that meeting. Any person chairing a Society Meeting has a casting vote.

15.9. On any given motion at a Society Meeting, the Chair/President shall in good faith determine whether to vote by:

  1. voices;
  2. show of hands; or
  3. secret ballot.

15.10. If any Ordinary Member demands a secret ballot before a vote by voices or show of hands has begun, voting must be by secret ballot. If a secret ballot is held, the Chair/President will have a casting vote

15.11. The business of an Annual General Meeting shall be:

  1. receiving any minutes of the previous Society’s Meeting(s);
  2. the President’s report on the business of the Society;
  3. the Treasurer’s report on the finances of the Society, and the Annual Financial Statements;
  4. The Secretary’s report on the membership of the Society;
  5. election of Committee Members;
  6. motions to be considered;
  7. general business.

15.12. The Chair/President shall adjourn the meeting if necessary.

15.13. If within half an hour after the time appointed for a meeting a quorum is not present the meeting:

  1. if convened upon requisition of Members, shall be dissolved; and
  2. in any other case it shall stand adjourned to a day, time and place determined by the Chair/President of the Society, and if at such adjourned meeting a quorum is not present the meeting shall be dissolved without further adjournments.

15.14. The Chair/President may with the consent of any Society Meeting adjourn the same from time to time and from place to place but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.

16. Motions at Society Meetings

16.1. Any Ordinary Member may request that a motion be voted on (“Member’s Motion”) at a particular Society Meeting, by giving written notice to the Secretary at least 28 days before that meeting. The Member may also provide information in support of the motion (“Member’s Information”). The Committee may in its absolute discretion decide whether or not the Society will vote on the motion. However, if the Member’s Motion is signed by at least 10 % of eligible Members:

  1. it must be voted on at the Society Meeting chosen by the Member; and
  2. the Secretary must give the Member’s Information to all Members at least 14 days before the Society Meeting chosen by the Member; or
  3. if the Secretary fails to do this, the Member has the right to raise the motion at the following Society Meeting.
  4. The Committee may also decide to put forward motions for the Society to vote on (“Committee Motions”) which shall be suitably notified.

Common Seal

17. Common Seal

17.1. The Committee shall provide a common seal for the Society and may from time to time replace it with a new one.

17.2. The Secretary shall have custody of the common seal, which shall only be used by the authority of the Committee.  Every document to which the common seal is affixed shall be signed by the President and countersigned by the Secretary or a member of the Committee.

Altering the Rules

18. Altering the Rules

18.1. The Society may alter or replace these Rules at a Society Meeting by a resolution passed by a two-thirds majority of those Ordinary Members present and voting.

18.2. Any proposed motion to amend or replace these Rules shall be given in writing to the Secretary at least 28 days before the Society Meeting at which the motion is to be considered, and accompanied by a written explanation of the reasons for the proposal.

18.3. At least 14 days before the General Meeting at which any Rule change is to be considered the Secretary shall give to all Members written notice of the proposed motion, the reasons for the proposal, and any recommendations the Committee has.

18.4. When a Rule change is approved by a General Meeting no Rule change shall take effect until the Secretary has filed the changes with the Registrar of Incorporated Societies.

18.5. No addition to or alteration of the objects, personal benefit clause or the winding up clause shall be made which affect the not-for-profit status. The provisions and effect of this clause shall not be removed from this document and shall be included and implied into any document replacing this document.

18.6. Minor or technical amendments can be made to the Rules by a vote of the Committee where:

  1. The amendment received 75% support at the Committee Meeting; and
  2. all members are notified of the proposed changes and given 20 working days to object.

18.7. If a member objects to a minor or technical amendment of the Rules under section 18.6 the procedure for Committee Motions must be applied.

Money and other assets of the Society

19. Financial Year

19.1. The financial year of the Society begins on 1st April of every year and ends on 31st March of the next year.

20. Use of Money and other Assets

20.1. The Society may only use money and other assets if:

  1. it is for a purpose of the Society;
  2. it is not for an individual Member’s personal benefit; and
  3. the expenditure has been approved by either the Committee or by majority vote of the Society.

20.2. A review or audit of the annual financial statements is required when requested by 5% of the Ordinary Members at a Society Meeting.

20.3. The organisation does not have the purpose of making a profit for a proprietor, member, or shareholder and prohibits a distribution of property in any form to a member proprietor or shareholder; and has a constitution that prohibits a distribution of property in any form to a member, proprietor, or shareholder.

20.4. No member of the organisation or any person associated with a member, shall participate in or materially influence any decision made by the organisation, in respect of the payment to or on behalf of that member or associated person of any income, benefit, or advantage whatsoever. Any such income shall be reasonable and relative to that which would be paid in an arm’s length transaction (being open market value).

21. Additional Powers

21.1. The Society may:

  1. employ people for the purposes of the Society;
  2. exercise any power a trustee might exercise;
  3. invest in any investment that a trustee might invest in;
  4. borrow money and provide security for that if authorised by Majority vote at any Society Meeting.

 Winding up

22. Winding up

22.1. If the Society is wound up:

  1. the Society’s debts, costs and liabilities will be paid;
  2. surplus money and other assets of the Society may be distributed among organisations that have similar objects to the Society as the members will decide at a Society Meeting; and
  3. no distribution may be made to any Member.

Schedule 1

Code of Conduct

All members, volunteers and employees of the Society (here on Members) must act in accordance with this below code of conduct when representing the Society or interacting with other Society Members. This includes in our online spaces such as, but not limited to, digital meetings, group chats or social media pages.

All members will treat each other with respect. This includes listening and treating each other with kindness, and extends to uplifting and supporting each other. This involves acknowledging our differences and agreeing to disagree sometimes. 

All members will act without harassment of any kind including, but not limited to, offensive comments, verbal threats or demands, sexualised images in public spaces, intimidation, stalking, harassing photography or recording, sustained disruption of sessions or events, and unwelcome physical contact or sexual attention.

All members will also act without discriminating, including discrimination of race, gender, age, sexual orientation, gender identity, disability, physical appearance, national origin, ethnicity, or religion.

An individual or the Society may make a complaint by contacting the Managing Committee. All complaints will be dealt with in accordance with Schedule 2 of the Incorporated Societies Act 2022.