A new club constitution which complies with the Incorporated Societies Act 2022 (the New Act) was adopted by members at a Special General Meeting held on 28 July 2024.

The new constitution was subsequently registered with the Incorporated Societies and details how the club is run and sets out the club’s purpose, what it does and how it operates.

Background
A review of the constitution was required to: 

• update the current constitution which was filed in 1989 (and amended in 2009);  
• consider feedback provided through the Premier Women’s Team mediation process mid-2023; and
• ensure compliance with the new act which came into force in October 2023.

What process did the club follow to develop the new constitution?

A working group with representatives from the Junior/Youth, Senior and Executive Committees was tasked with reviewing and updating the constitution.

The approach was to start afresh using the template made available by Sport New Zealand in early 2024, which complies with the New Act.

The Junior/Youth, Senior, and Executive Committees all provided feedback, and members were also invited to provide feedback by completing an online form or attending drop-in sessions.

All the feedback received was considered in detail, and PwC Legal reviewed the new WSAFC constitution to ensure it is legally compliant with the New Act.  

The new WSAFC constitution can be viewed here.

What are the key changes?

Relevant key changes under the New Act include:

• Consent of each member needs to be collected, for example, by ticking a box when renewing annual membership.
• At least one contact person must be appointed to be contactable by the Registrar.
• Officers have new duties, which include acting in good faith and in the best interests of the society, complying with the New Act and the constitution, and exercising the care and diligence that a reasonable person would exercise in the circumstances.
• The majority of officers on the society’s board or committee must be members of the society.
• Dispute resolution processes must be included in the society’s constitution and the processes must be consistent with the rules of natural justice.
• New rules define when an officer has a conflict of interest and a duty to disclose conflicts including requirements around maintaining an up-to-date interest register in respect of interests that are required to be disclosed to the Executive Board.
• Societies can provide insurance and indemnify officers and employees.
• Simplified financial reporting for small societies. Regulations will provide further details on the requirements for different sized societies.

Key club-specific changes include:

• The club’s purpose has been updated to:
• Align with the Sport New Zealand template; including specific reference to leading, promoting and enabling diversity, equity and inclusion across the whole club including governance of the club and participation in footfall; and to
• include specific reference to supporting the development of Junior/Youth and Senior Members, including high performance pathways.
• Executive Committee renamed as Executive Board to indicate it’s the club’s governing body.  A Deputy Chairperson position and terms of office have been introduced (a mandatory requirement under the New Act).
• Members updated to include a category of membership for guardians, to allow all fee-paying members voting rights at General Meetings.
• Annual General Meetings - the interval between the balance date of the club and the Annual General Meeting being held has increased from 4 to 6 months, and the notice period to hold an Annual General Meeting updated from 14 days to 1 month.
• Quorum – the quorum for General Meetings has increased from 15 to 50 Members who are entitled to vote, reflecting the size of the club and the introduction of voting rights for guardians.
• Amendments – amendments to the constitution may be made by a Special Resolution of Members (75% majority) at an Annual General Meeting or Special General Meeting; or in the case of minor or technical amendments or correction of errors, in accordance with section 31 of the New Act.

The club’s next Annual General Meeting will be in 2025, with the following positions on the Executive Board to be elected by members:

• Chairperson
• Deputy Chairperson
• Secretary
• Treasurer
• A chairperson of the Senior Committee
• A chairperson of the Junior/Youth Committee

The Executive Board also includes co-opted representatives, based on the needs of the Club and appointed by the Executive Board. These are non-voting positions on the Executive Board.

The Executive Board meets monthly (at least 8 times per year), for 2-3 hours, with additional meetings throughout the year for workshops, planning or about particular issues or projects. 

Please see clause 6 of the constitution for brief role descriptions or contact the Executive Board chair (exec-chair@wsafc.org.nz) to find out further details about elected positions.