New Zealand Sikh Youth Constitution

as of 18 August 2024

Preamble 

We, the Sikh youth of New Zealand, organised the New Zealand Sikh Youth under this Constitution on 12 July 2020:

Whereas members of the New Zealand Sikh Youth guided by Guru Granth Sahib and the Khalsa recognise the universal order of ੴ and the rule of law:

1 Name

The name of the entity is the New Zealand Sikh Youth.

2 Title

This document may be cited as the New Zealand Sikh Youth Constitution.

Part 1
Preliminary

3 Purposes

Whereas a Sikh leads a personal and public life that encompasses spiritual, professional and community aspects:

(1)  The purposes of the New Zealand Sikh Youth as a representative organisation of the Sikh youth in New Zealand are to:

(a) promote the text and teachings of Guru Granth Sahib and the ten Sikh Gurus from Guru Nanak to Guru Gobind Singh; and

(b) advance the development of young Sikhs in the fields of education, professional careers, politics, democracy, bureaucracy and media through training, skill-building and public engagement; and

(c) champion fairness and justice for disadvantaged individuals; and

(d) discourage adultery, fornication, femicide and the use of harmful drugs or intoxicants among Sikhs; and

(e) empower young Sikhs to constructively participate in society and make effective contributions; and

(f) encourage healthy and sustainable lifestyles that enhance quality of life and minimise environmental impact; and

(g) facilitate training focused on discipline, safety and the use of reasonable force for self-defence and the defence of others; and

(h) foster open and cooperative communication with government and non-governmental organisations, bureaucrats, politicians, media, Sikh leaders and organisations, academics and intellectuals, think tanks and influencers in society to inform them of the interests and aspirations of Sikh youth and people; and

(i) guide and influence Sikh youth in leading a family life with a Sikh spouse and children and in becoming initiated into the Khalsa; and

(j) motivate the regular use and development of the Panjabi language written in Gurmukhi; and

(k) offer support and relief to people in need and motivate voluntary service among Sikh youth, reflecting the Sikh principle of selfless service; and

(l) organise and host events and community engagement; and

(m) preserve, exhibit and publish works related to the Sikhs; and

(n) promote arts, culture, education and sports within Sikhs, including traditional Sikh music and martial arts inherited from the Gurus; and

(o) strengthen the relationship between Sikhs and the general public; and

(p) support Sikhs in securing a livelihood and accessing all public services necessary for a quality life; and

(q) uphold the Sikh people’s right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

(2)  Any income, benefit or advantage must be used to advance the purposes of the Organisation.

(3)  No member or associated person is allowed to take part in, or influence any decision made by the Organisation in respect of payments to, or on behalf of, the member or associated person of any income, benefit or advantage.

(4)  Any payments made to a member or associated person must be for goods and services that advance the purposes and must be reasonable and relative to payments that would be made between unrelated parties.

4 Interpretation

In this Constitution, unless the context requires otherwise, the following words and phrases have the following meanings:

Annual General Assembly means a meeting of members of the Organisation held once a year, during which various matters are discussed, including the review of reports on the Organisation's activities and finances

associated person means a person who—

(a)  may obtain a financial benefit from any matter being dealt with by any member (as a Committee Member, or in any General Assembly, or otherwise for the Organisation) where that person is the spouse, civil union partner, de facto partner, child, parent, grandparent, grandchild or first cousin of that member; or

(b)  may have a financial interest in a person to whom any matter being dealt with by any member (as a Committee Member, or in any General Assembly, or otherwise for the Organisation) relates; or

(c)  is a partner, director, officer, board member or trustee of a person who may have a financial interest in a person to whom any matter being dealt with by any member (as a Committee Member, or in any General Assembly, or otherwise for the Organisation) relates; or

(d)  may be interested in the matter because this Constitution so provides

but no such member shall be deemed to have any such interest—

(e)  merely because that member receives an indemnity, insurance cover, remuneration or other benefits; or

(f)   if that member's interest is the same or substantially the same as the benefit or interest of all or most other members of the Organisation due to the membership of those members; or

(g)  if that member's interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence that member in carrying out that member's responsibilities under this Constitution; or

(h)  if that member is an officer of a union, and that member's interest is merely as an employee that will benefit from the union acting in the ordinary course of promoting its members' collective employment interests

Chairperson means an elected or appointed head of the Review Committee, responsible for, among other things, keeping the register of members, the register of interests and calling General Assemblies

clear days means complete days, excluding the first and last named days. For instance, this excludes the date a notice of a meeting is posted or sent to members and the date of the meeting

Committee refers to either or both the Executive Committee and Review Committee, as relevant to the context

Committee Member means a natural person who holds office as an Executive Committee Member or a Review Committee Member, as relevant to the context

Constitution means this document

Executive Committee refers to the executive branch of the New Zealand Sikh Youth

Executive Committee Member means a member of the Executive Committee, including the President, Vice President, Secretary and Treasurer

General Assembly refers to either an Annual General Assembly or a Special General Assembly of the Organisation

Guru Granth Sahib refers to the central sacred scripture, finalised and declared as the Guru by Guru Gobind Singh and revered by Sikhs as the final, sovereign and eternal Guru

matter means—

(a)  the Organisation’s performance of its activities or exercise of its powers; or

(b)  an arrangement, agreement or contract (a transaction) made or entered into, or proposed to be entered into, by the Organisation

member means an individual properly admitted to membership under this Constitution and who has not ceased to be a member

notice to members includes any notice given by post, courier or email; and the failure for any reason of any member to receive such notice or information shall not invalidate any meeting or its proceedings or any election

Organisation refers to the New Zealand Sikh Youth

President means an elected or appointed head of the Executive Committee and the Organisation who is responsible for, but not limited to, the execution of decisions made by General Assemblies and the Executive Committee, and overseeing the governance and operations of the Organisation

register of interests means the register of interests of Committee Members kept under this Constitution

register of members means the register of members kept under this Constitution

Review Committee refers to the supervisory branch, among other responsibilities, entrusted with overseeing the Executive Committee and ensuring that this Constitution is upheld

Review Committee Member means a member of the Review Committee, including the Head

Secretary means the Executive Committee Member responsible for, among other things, recording the minutes of General Assemblies and Executive Committee meetings

Sikh means a person who faithfully believes in—

(a)  One Immortal Being; and

(b)  ten Gurus, from Guru Nanak to Guru Gobind Singh; and

(c)  Guru Granth Sahib; and

(d)  the utterance and teachings of the ten Gurus; and

(e)  the amrit prescribed by Guru Gobind Singh; and

(f)   no faith other than the Sikh faith

Special General Assembly means a meeting of the members, other than an Annual General Assembly, called for a specific purpose or purposes

Treasurer means the Executive Committee Member responsible for, among other things, overseeing the finances of the Organisation

Vice President means the Executive Committee Member elected or appointed to deputise in the absence of the President

5 Registered office

The registered office of the Organisation shall be at a place in New Zealand as determined by the Executive Committee and any changes to the registered office shall be promptly notified to interested parties.

6 Power concerning money

(1)  The Organisation has the power to borrow money.

(2)  In addition to its statutory powers, the Organisation—

(a)  may use its funds to pay the costs and expenses to advance or carry out its purposes and to employ or contract with such people as may be appropriate, and

(b)  may invest in any investment in which a trustee may lawfully invest.

7 Official languages

Panjabi in Gurmukhi and the official language(s) of New Zealand are the official languages of the Organisation, without restricting the use of other languages as necessary.

Part 2
Members

8 Types of members

The classes of membership, based on age criteria, for individuals admitted under this Constitution and who have not ceased to be members, are as follows:

(1)  Youth member: A youth member is a person who is 16 to 30 years of age and has the right to vote. Youth members who are 18 to 30 years of age are also eligible to stand for election within the Organisation. Any document requiring consent for youth members who are 16 and 17 years of age must be completed with the consent of their parent or guardian.

(2)  Adult member: An adult member is a person over 30 years of age who can vote in elections for both the Executive Committee and the Review Committee but can only stand for election to the Review Committee.

9 Becoming a member

(1)  Every applicant for membership must consent in writing to become a member.

(2)  An applicant for membership must be at least 16 years of age and must complete and sign any application form, supply any information or attend an interview as required by the Review Committee.

(3)  The Review Committee must accept any applicant for membership who is:

(a)  a Sikh; and

(b)  a New Zealand citizen; or

(c)  a New Zealand permanent resident.

(4)  The Review Committee may accept or decline applications for membership from applicants who do not meet the criteria specified in subsection (3).

(5)  The Review Committee must advise the applicant of its decision but is not required to provide reasons for that decision.

(6)  A decision by the Review Committee may only be overruled by a General Assembly, passed with a two-thirds majority of those members present and voting

10 Obligations and rights

(1)  Every member must provide the Organisation with their name, date of birth and contact details, including postal address, telephone number(s) and any email address, and promptly advise the Organisation of any changes to those details.

(2)  A member is entitled to exercise membership rights, including attending and, according to their membership class, voting at General Assemblies, without being charged a fee or annual subscription for membership.

(3)  Membership does not confer on any member any right, title or interest (legal or equitable) in the property of the Organisation.

(4)  All members, including Committee Members, shall promote the interests and purposes of the Organisation and shall do nothing to bring the Organisation into disrepute.

(5)  A member is entitled to access or use the Organisation's premises, facilities, equipment and other property only if all subscriptions and other fees have been paid by the due date. However, no member is liable for any obligation of the Organisation solely by reason of being a member.

(6)  The Committee may determine the access or use that members may have to any premises, facilities, equipment or other property owned, occupied or otherwise used by the Organisation, including any conditions and fees for such access or use.

11 Ceasing to be a member

(1)  A member ceases to be a member:

(a)  on death; or

(b)  by resigning from membership by notice to the Chairperson; or

(c)  on termination of a member's membership under this Constitution.

12 Obligations on resignation

(1)  A member who resigns or whose membership is terminated under this Constitution:

(a)  remains liable to pay all subscriptions and other fees to the Organisation’s next financial balance date; and

(b)  shall cease to hold himself or herself out as a member of the Organisation; and

(c)  shall cease to be entitled to any of the rights of an Organisation member.

13 Termination of membership

(1)  Members are prohibited from discriminating against anyone from participating in the Organisation’s activities on the grounds of:

(a)  biological gender; or

(b)  natural physical human traits; or

(c)   marital status; or

(d)  status within a social hierarchy; or

(e)  disability, except where a severe medical condition affects judgment.

(2)  If a member continues to prevent someone from participating on any of the prohibited grounds of discrimination outlined in this Constitution, after receiving a warning, or commits a sexual offence, and this is supported by evidence rather than mere accusations, the Review Committee must terminate their membership.

(3)  The Review Committee may suspend the membership of an accused member while they are being investigated, during which time the member cannot participate in the Organisation’s activities.

(4)  The Review Committee may terminate the membership of any member who has been inactive for a prolonged period. The member must be notified of the impending termination and given 14 clear days to respond before a final decision is made.

14 Becoming a member again

(1)  Any former member may apply for re-admission in the manner prescribed for new applicants and may be re-admitted only by resolution of the Review Committee.

(2)  However, if a former member’s membership was terminated following a dispute resolution process, or for discrimination or sexual offense, the applicant may be re-admitted only by a General Assembly.

Part 3
General Assembly

15 Annual General Assembly

An Annual General Assembly shall be held once a year on a date in July and at a location determined by the Executive Committee and called by the Chairperson. Any procedural requirements in this Constitution for General Assemblies shall apply.

16 Annual General Assembly proceedings

(1)  The proceedings of an Annual General Assembly shall be to:

(a)  review and confirm the minutes of the previous Annual General Assembly and any other meeting(s); and

(b)  adopt the annual report on the Organisation's affairs; and

(c)  adopt the Treasurer’s report on the finances of the Organisation, including the annual financial statements; and

(d)  determine the amount at or exceeding which transactions require the approval of the Review Committee; and

(e)  consider any motions; and

(f)   discuss general matters.

(2)  The Executive Committee must present the annual report and financial statements for the most recently completed accounting period at each Annual General Assembly

(3)  The Committee must, at each Annual General Assembly, present notice of any disclosures of conflicts of interest made by Committee Members during that period, including a brief summary of the matters, or types of matters, to which those disclosures relate.

17 Special General Assembly

(1)  A Special General Assembly may be called at any time by the Review Committee. The Review Committee must call a Special General Assembly promptly if requested by the Executive Committee or by a written request from at least 30 per cent of members

(2)  The Constitution relating to the procedures followed at General Assemblies shall apply to a Special General Assembly, and it shall only consider and address the business specified in the Committee's resolution or the written request by members for the Assembly.

18 Procedure

(1) The Review Committee shall provide all members with at least 7 clear days’ notice of any General Assembly and the business to be conducted at that General Assembly.

(2) A General Assembly and its proceedings will not be invalidated simply because one or more members do not receive the notice.

(3) All members under this Constitution may attend, speak and, if their membership class permits, vote at General Assemblies:

(a)  in person; or

(b)  by submitting a signed written proxy electronically or in person, favouring someone entitled to be present at the assembly, received by the Chairperson before the commencement of the assembly; or

(c)  no other proxy voting shall be permitted.

(4) There is no minimum quorum requirement for General Assemblies. Equitable opportunity shall be given to all eligible members to participate.

(5) General Assemblies may be held at one or more venues using any real-time audio, audio and visual or electronic communication that gives each member a reasonable opportunity to participate.

(6) All General Assemblies shall be chaired by the President. If the President is absent, the assembly shall elect another Committee Member to chair the meeting.

(7) Any person chairing a General Assembly has a deliberative and, in the event of a tied vote, a casting vote.

(8) Any person chairing a General Assembly may:

(a)  with the consent of that General Assembly, adjourn the General Assembly from time to time and from place to place. However, no proceedings shall be transacted at any adjourned assembly other than the business left unfinished at the assembly from which the adjournment took place; and

(b)  direct the removal of any person not entitled to be present at the assembly or any individual obstructing the proceedings of the assembly, behaving in a disorderly manner, being abusive or failing to abide by the directions of the chairperson; and

(c)  in case of an emergency, adjourn the assembly or declare it closed.

(9) The Committee may propose motions for the Organisation to vote on, which can be notified to members with the notice of the General Assembly.

(10) Motions received from members prior to a General Assembly by the Chairperson and from the floor during a General Assembly may be voted on.

19 Minutes

Minutes must be kept by the Chairperson and Secretary of all General Assemblies.

Part 4
Akal Takhat

Whereas the Akal Takhat, founded by Guru Hargobind in Amritsar and represented by its head, serves as the historic central authority for Sikhs worldwide:

20 Authority of the Akal Takhat

(1)  The Akal Takhat or its authorised representative(s) may intervene in any internal dispute or matter related to the Organisation's governance. Any decision or directive issued by the Akal Takhat on internal disputes or governance shall be final and binding on the Organisation.

(2)  If the Akal Takhat deems it necessary, it may issue an order or recommendation pertaining to the Organisation’s activities, which the Executive Committee and Review Committee must comply with.

Part 5
Executive Committee

21 Composition of Executive Committee Members

(1)  The Executive Committee will consist of at least 7 Executive Committee Members who are:

(a)  members; and

(b)  natural persons; and

(c)  not Review Committee Members; and

(d)  not disqualified by this Constitution.

(2)  The Executive Committee will include:

(a)  a President; and

(b)  a Vice President; and

(c)  a Secretary; and

(d)  a Treasurer; and

(e)  not fewer than 3 or more than 11 other Executive Committee Members

(3)  In addition to the maximum limit of 15 Executive Committee Members specified in this Constitution, a representative from each region of New Zealand may be included as an Executive Committee Member, even if this results in exceeding the limit.

22 Functions and executive powers

(1)  From the end of each Annual General Assembly until the end of the next, the Organisation shall be governed by the Executive Committee. The Executive Committee shall be accountable to the members and the Review Committee for the advancement of the Organisation's purposes and the implementation of resolutions approved by any General Assembly.

(2)  Subject to this Constitution and any resolution of any General Assembly, the Executive Committee may:

(a)  exercise all the Organisation's powers, other than those required by this Constitution to be exercised by the Organisation in a General Assembly or by a Review Committee; and

(b)  enter into contracts on behalf of the Organisation or delegate such power to a Committee Member, subcommittee, employee or other person.

Part 6
Review Committee

23 Composition of Review Committee Members

(1)  The Review Committee will consist of either 3 or 5 Review Committee Members who are:

(a)  members; and

(b)  natural persons; and

(c)  not Executive Committee Members; and

(d)  not disqualified by this Constitution.

(2)  The Review Committee will include:

(a)  a Chairperson; and

(b)  either 2 or 4 other Review Committee Members.

24 Functions and duties

(1)  The function of the Review Committee shall be to:

(a)  securely maintain and share the Organisation’s confidential and sensitive information with Executive Committee Members who require it to fulfil any of their obligations; and

(b)  serve as an authorised signatory to the Organisation’s bank account(s) and ensure that the President, Treasurer and any Executive Committee Member authorised by a resolution of the Executive Committee have the ability to transact; and

(c)  oversee and monitor the Organisation's financial management, ensuring that the Executive Committee’s transactions are genuinely in the best interests of the Organisation and do not compromise its financial stability; and

(d)  investigate any alleged breach of this Constitution, General Assembly resolutions, bylaws, policies or codes of conduct, and impose any appropriate actions or penalties as necessary; and

(e)  mediate any dispute or conflict within the Organisation, working towards a fair resolution.

25 Dismissal of the Executive Committee

(1)  The Review Committee may dismiss the Executive Committee if there are substantial and documented concerns regarding:

(a)  serious breaches of this Constitution or General Assembly resolutions; or

(b)  misconduct or actions that bring disrepute to the Organisation; or

(c)  repeated failure to fulfil duties, responsibilities or obligations.

(2)  The Review Committee must provide written notice of the concerns to the Executive Committee.

(3)  The notice must allow at least 14 clear days from the date of issuance for the Executive Committee to respond in writing and address the issues raised

(4)  If the Executive Committee fails to adequately address the concerns within the given timeframe, the Review Committee may proceed with a vote.

(5)  A two-thirds majority vote of the Review Committee is required to dismiss the Executive Committee

(6)  Upon passing the two-thirds majority vote, the Executive Committee must be given written notice of dismissal, effective from the date of that notice.

(7)  Following dismissal, the Review Committee must, within 30 clear days of the dismissal, either:

(a)  convene a General Assembly by the procedures in this Constitution; or

(b)  reinstate the Executive Committee

(8)  During the General Assembly, a two-thirds majority vote is required to approve or decline the dismissal of the Executive Committee by the Review Committee

(9)  After General Assembly approval, the Chairperson must call for an election of the Executive Committee within 60 clear days, following the procedures in this Constitution. If the dismissal is declined, the Executive Committee shall be reinstated immediately.

Part 7
Subcommittee

26 Formation and dissolution

(1)  The Committee may form and dissolve subcommittees, consisting of persons who may or may not be members of the Organisation, for any purposes it deems appropriate:

(a)  the quorum for every subcommittee is half of its members; and

(b)  no subcommittee shall have authority to co-opt additional members; and

(c)  a subcommittee must not commit the Organisation to any financial expenditure without express authority; and

(d)   a subcommittee must not further delegate any of its powers.

Part 8
Committee Members

27 Election of the Executive Committee

(1)  Executive Committee Members shall be elected annually on a date and by a method determined by the Review Committee and communicated to eligible members. If a vacancy occurs between elections, the Executive Committee may fill that vacancy.

(2)  The election of Executive Committee Members may be conducted using one or more of the following methods:

(a)   at an Annual General Assembly, or

(b)   by secret ballot voting at multiple venues, or

(c)   through encrypted online voting.

(3)  Members shall be informed of an election at an Annual General Assembly in the notice of the Assembly. For elections conducted by secret ballot at multiple venues or online, members shall be notified at least 14 clear days before the election.

(4)  Only youth members 18 to 30 years of age who are not disqualified under this Constitution are eligible to stand for election to the Executive Committee.

(5)  Nominations received by the Chairperson prior to, and from the floor during, an Annual General Assembly shall be considered for elections at Assemblies.

(6)  For elections held by secret ballot at multiple venues or online, nominations must be submitted by the announced deadline. A list of candidates shall be sent to members and may also be publicised at least 7 clear days before the election.

(7)  Eligible youth and adult members, as defined by this Constitution, may cast their votes in the manner and at the location(s) determined or approved by the Review Committee.

(8)  The Review Committee shall authorise at least two members or non-members, who are not nominees, to act as scrutineers for the counting of votes and the destruction of any voting papers.

(9)  The election shall remain valid regardless of any member's failure to receive notice for any reason.

28 Election of the Review Committee

(1)  Review Committee Members shall be elected every 2 years during Annual General Assemblies. If a vacancy occurs between Annual General Assemblies, that vacancy can be filled by the Review Committee.

(2)  The election of Review Committee Members shall be conducted by the chairperson of the Annual General Assembly.

(3)  Youth and adult members who are not disqualified under this Constitution are eligible to stand for election to the Review Committee.

(4)  Nominations received by the Chairperson and Secretary from members before, and from the floor during, an Annual General Assembly shall be considered.

(5)  Votes shall be cast by youth and adult members in the manner determined by the election conductor, except if a secret ballot is requested by a member and supported by a two-thirds majority of those present.

(6)  Two members or non-members, who are not nominees, shall be appointed by the conductor of the election to act as scrutineers for the counting of votes and the destruction of any voting papers.

(7)  The failure, for any reason, of any member to receive any notice shall not invalidate the election.

(8)  In the event of any vote being tied, the tie shall be resolved by the incoming Review Committee, excluding those for whom the votes are tied.

29 Qualifications

(1)  Every Committee Member must affirm the following statement in order to be formally admitted:

Acknowledging the Eternal Being in my presence, I, [name (optional)], solemnly affirm that I will be faithful and bear true allegiance to Guru Granth Sahib and the Sikh people. I declare and promise to uphold the New Zealand Sikh Youth Constitution and to exercise the functions entrusted to me as a representative of the New Zealand Sikh Youth with loyalty, discretion and conscience.

(2)  In order to be formally admitted, every Committee Member must provide written consent and certify in writing that they are not disqualified from being appointed or holding office as a Committee Member under this Constitution.

(3)  Failure to complete the requirements in subsections (1) and (2) within 21 clear days of notice from the Review Committee may result in the individual being deemed ineligible to assume office. In such a case, the position can be considered vacant and may be filled according to the procedures outlined in this Constitution.

(4)  The following persons are disqualified from being appointed or holding office as a Committee Member:

(a)  a person who is not a Sikh; and

(b)  a person who has been convicted of any sexual offense, whether in New Zealand or elsewhere.

(c)  a person who has been convicted of a very serious crime within the last 7 years, whether in New Zealand or elsewhere.

(5)  Any person who is under 18 years of age or over 30 years of age is disqualified from being appointed or holding office as an Executive Committee Member.

(6)  A person who is not a citizen of New Zealand is disqualified from being appointed or holding office as President, Vice President or as a Review Committee Member.

30 Term of office

(1)  The term of office for each Executive Committee Member shall be 1 year. The term shall commence from the date the Executive Committee Member is elected and end at the conclusion of the Executive Committee election held in the year their term ends.

(2)  No Executive Committee Member shall serve for more than 5 consecutive terms.

(3)  Each Review Committee Member shall serve a 6-year term. Review Committee elections shall be staggered, with terms ending at the Annual General Assembly in the final year, as follows:

(a)  For a Review Committee consisting of 3 Review Committee Members, one member shall be elected every 2 years.

(b)  For a Review Committee consisting of 5 Review Committee Members, two members shall be elected in the 2nd year, two members in the 4th year and one member in the 6th year.

(4)  In any election where members' terms require adjustments to maintain staggered rotations, the terms can be adjusted accordingly.

(5)  If a vacancy occurs between Annual General Assemblies or elections, the Committee Member appointed to fill the position shall serve the remainder of the original term.

31 Cessation of Committee membership

(1)  A Committee Member shall be deemed to have ceased to be a Committee Member if that person ceases to be a member.

(2)  Each Committee Member shall within 21 clear days of submitting a resignation or ceasing to hold office, deliver to the Chairperson all books, papers and other property of the Organisation held by such former Committee Member.

32 Removal

(1)  A Committee Member may be removed from holding office by a motion of no confidence at any General Assembly, provided that all the following conditions are met:

(a)  The Committee Member must be given a fair and reasonable opportunity to attend the General Assembly and present their case before the vote is taken.

(b)  The motion must receive a two-thirds majority vote from the members present and voting.

(c)  If the Committee Member does not attend the General Assembly after being given written notice to do so, the validity of the vote shall not be invalidated.

(2)  Where a complaint is made about the actions or inaction of an Executive Committee Member, and it is not related to the Executive Committee Member's capacity as a member of the Organisation, the following steps shall be taken:

(a)  The Executive Committee Member, who is the subject of the complaint, must be advised of all details of the complaint.

(b)  The Executive Committee Member who is the subject of the complaint must be given adequate time to prepare a response.

(c)   The complainant and the Executive Committee Member, who is the subject of the complaint, must be given an adequate opportunity to be heard, either in writing or at an oral hearing by the Review Committee if it considers that an oral hearing is required.

(d)  Any oral hearing shall be held by the Review Committee, and/or any oral or written statements or submissions shall be considered by the Review Committee.

(3)  If the complaint is upheld, the Executive Committee Member may be removed from the Executive Committee by a resolution of the Review Committee passed unanimously or by a General Assembly passed with a two-thirds majority of those members present and voting.

33 Mandatory duties

(1)  At all times each Committee Member:

(a)  shall act in good faith and in what he or she believes to be the best interests of the Organisation,

(b)  must exercise all powers for a proper purpose,

(c)  must not act or agree to the Organisation acting in a manner that contravenes this Constitution,

(d)  When exercising powers or performing duties, a Committee Member must act with the care and diligence that a reasonable person in similar circumstances would exercise. This includes considering the nature of the Organisation, the decision being made and the Committee Member’s position and responsibilities,

(e)  must not agree to activities that create a substantial risk of serious loss to the Organisation or its creditors, and

(f)   must not agree to the Organisation incurring an obligation unless he or she believes at that time on reasonable grounds that the Organisation will be able to perform the obligation when it is required to do so.

34 Conflicts of interest

(1)  A Committee Member is interested in a matter if the Committee Member:

(a)  may obtain a financial benefit from the matter; or

(b)  is the spouse, civil union partner, de facto partner, child, parent, grandparent, grandchild or first cousin of a person who may obtain a financial benefit from the matter; or

(c)  may have a financial interest in a person to whom the matter relates; or

(d)  is a partner, director, member of the committee and/or subcommittee, board member or trustee of a person who may have a financial interest in a person to whom the matter relates.

(2)  However, a Committee Member is not interested in a matter—

(a)  merely because the Committee Member receives an indemnity, insurance cover, remuneration or other benefits; or

(b)  if the Committee Member’s interest is similar to that of most other members due to their shared membership; or

(c)  if the Committee Member’s interest is so remote or insignificant that it is unlikely to influence their responsibilities; or

(d)  if the Committee Member is a member of the officer of a union, and the Committee Member's interest is merely as an employee who will benefit from the union acting in the ordinary course of promoting its members' collective employment interests.

(3)  A Committee Member who is interested in a matter relating to the Organisation must disclose details of the nature and extent of the interest, including any monetary value of the interest if it can be quantified—

(a)  to the Committee and/or subcommittee; and

(b)  in an interests register kept by the Review Committee.

(4)  Disclosure must be made as soon as practicable after the Committee Member becomes aware that they are interested in the matter.

(5)  A Committee Member who is interested in a matter—

(a)  must not vote or take part in the decision of the Committee and/or subcommittee relating to the matter; and

(b)  must not sign any document relating to the entry into a transaction or the initiation of the matter; but

(c)  may take part in any discussion of the Committee and/or subcommittee relating to the matter and be present at the time of the decision of the Committee and/or subcommittee unless the Committee and/or subcommittee decides otherwise.

(6)  However, a Committee Member who is prevented from voting on a matter may still be counted for the purpose of determining whether there is a quorum at any meeting during which the matter is considered.

(7)  If 50 percent or more of the Committee Members are prevented from voting on a matter because of their vested interest, a Special General Assembly must be called to consider and determine the matter, unless all non-interested members agree otherwise. Similarly, if 50 percent or more of the members of a subcommittee are prevented from voting on a matter because they are interested in that matter, the Review Committee shall consider and determine the matter.

(8)  Any failure by a Committee Member to disclose a conflict of interest as required by this Constitution may result in disciplinary action, including removal from the Committee, subject to the decision of the Review Committee. If the Committee Member in question is a Review Committee Member, the matter shall be referred to an independent arbitrator or panel appointed by a General Assembly, which shall have the authority to determine the appropriate disciplinary action.

35 General issues

(1)  The Committee and any subcommittee may act by resolution approved during a teleconference call or through a written ballot conducted by email, an electronic voting system or post. Any such resolution shall be recorded in the minutes of the next Committee meeting.

(2)  Other than as prescribed in this Constitution, the Committee or any subcommittee may regulate its proceedings as it deems fit.

(3)  Subject to this Constitution and General Assembly resolutions, the Review Committee’s decisions on interpretation and matters under this Constitution are final and binding.

Part 9
Committee meetings

36 Chairing

The President shall preside over Executive Committee meetings, while the Chairperson shall convene and chair Review Committee meetings, or as otherwise decided by the Committee.

37 Frequency

The Executive Committee shall meet at least quarterly, at times and places determined by the President or Secretary, including in person or via real-time audio, audio-visual or electronic communication.

38 Quorum

The quorum for Executive Committee meetings is at least half of the number of Executive Committee Members.

Part 10
Records

39 Register of members

The Chairperson shall keep an up-to-date register of members, recording for each member their name, date of birth, contact details, the date they became a member and any other information required by this Constitution.

40 Contents of register of members

(1)  The information contained in the register of members shall include each member’s:

(a)  postal address; and

(b)  phone number (landline and/or mobile); and

(c)  email address (if any); and

(d)  the date the member became a member; and

(e)  whether the member is qualified or disqualified from being appointed or holding office as a Committee Member by this Constitution.

(2)  Every member shall promptly advise the Chairperson of any change of their contact details.

41 Access to register of members

With reasonable notice and at reasonable times, the Chairperson shall make the register of members available for inspection by members and Committee Members. However, access to information on the register of members will not be given to members or any other person, except as required by law.

42 Register of interests

The Chairperson shall at all times maintain an up-to-date register of the interests disclosed by Committee Members.

43 Access to financial information

The Treasurer shall, with reasonable notice and at reasonable times, provide the Executive Committee with access to true and accurate financial information of the Organisation for inspection.

44 Access to other information

(1)  A member may at any time make a written request to the Organisation for information held by the Organisation.

(2)  The request must specify the information sought in sufficient detail to enable the information to be identified.

(3)  The Organisation must, within a reasonable time after receiving a request:

(a)  provide the information; or

(b)  agree to provide the information within a specified period; or

(c)  agree to provide the information within a specified period if the member pays a reasonable charge to the Organisation, which must be specified and explained to meet the cost of providing the information; or

(d)  refuse to provide the information, specifying the reasons for the refusal.

(4)  Without limiting the reasons for which the Organisation may refuse to provide the information, the Organisation may refuse to provide the information if:

(a)  withholding the information is necessary to protect the privacy of natural persons, including that of deceased natural persons; or

(b)  the disclosure of the information would, or would be likely to, prejudice the commercial position of the Organisation or of any of its members; or

(c)  the disclosure of the information would, or would be likely to, prejudice the financial or commercial position of any other person, whether or not that person supplied the information to the Organisation; or

(d)  withholding the information is necessary to maintain legal professional privilege; or

(e)  the disclosure of the information would, or would be likely to, breach an enactment; or

(f)   the burden to the Organisation in responding to the request is substantially disproportionate to any benefit that the member or any other person will or may receive from the disclosure of the information; or

(g)  the request for the information is frivolous or vexatious.

(5)  If the Organisation requires the member to pay a charge for the information, the member may withdraw the request, and must be treated as having done so unless, within 10 working days after receiving notification of the charge, the member informs the Organisation—

(a)  that the member will pay the charge; or

(b)  that the member considers the charge to be unreasonable.

(6)  Nothing in this Constitution limits the right granted by law.

45 Personal data protection

(1)  Personal data shall be collected, processed and used only when necessary for activities or purposes related to the Organisation and shall be handled with confidentiality.

(2)  The Committee shall implement appropriate measures to protect personal data against unauthorised access, loss or misuse.

(3)  Personal data shall not be shared with any third party without the explicit consent of the individual, except as required by law or for activities or purposes related to the Organisation.

(4)  The Chairperson and Secretary are responsible for overseeing compliance with data protection obligations and promptly addressing any data breaches.

Part 11
Finances

46 Control and management

(1)  The funds and property of the Organisation shall be:

(a)  controlled, invested and disposed of by the Executive Committee, subject to this Constitution; and

(b)  devoted solely to the promotion of the purposes of the Organisation.

(2)  The Executive Committee shall not proceed with any transaction at or exceeding the amount determined at each Annual General Assembly by a two-thirds majority without prior approval from the Review Committee. This includes any transaction that:

(a)  incurs debit; or

(b)  sells any asset; or

(c)  makes any expenditure.

(3)  The Review Committee must approve any such transactions by a two-thirds majority before the Executive Committee may proceed with making the transaction.

47 Balance date

The Organisation's financial year shall commence on 1 July of each year and end on 30 June, the latter date being the Organisation’s balance date.

Part 12
Dispute resolution

48 Raising disputes

(1)  Any grievance by a member, or any complaint by anyone, must be lodged with the Chairperson in writing, providing sufficient details to identify the grievance or complaint. All members, including the Committee, are required to cooperate in resolving disputes efficiently, fairly and with minimal disruption to the Organisation’s activities.

(2)  The complainant raising a grievance or complaint, along with the Review Committee, must consider and discuss whether the issue may be best resolved through informal discussions, mediation or arbitration. If mediation or arbitration is agreed upon, the parties will sign a suitable mediation or arbitration agreement.

49 Investigating disputes

(1)  This rule applies to any grievances of members related to their rights and interests as members and any complaints concerning the alleged conduct or discipline of members, collectively referred to as "disputes."

(2)  These dispute procedures are designed to enable and facilitate the fair, prompt and efficient resolution of grievances and complaints.

(3)  Rather than investigate and handle a grievance or complaint directly, the Review Committee may:

(a)  appoint a subcommittee to handle the matter, or

(b)  refer the matter to an external arbitrator, arbitral tribunal or external visitor (or referee), provided that minimum standards of natural justice and the requirements of this Constitution are met.

(4)  The Review Committee or any such subcommittee or person considering any grievance or complaint is referred to hereafter as the "decision-maker".

(5)  The decision-maker:

(a)  shall consider whether to investigate and deal with the grievance or complaint; and

(b)  may decline to do so, for instance, if the decision-maker is satisfied that the complainant has insufficient interest in the matter or otherwise lacks standing to raise it; the matter is trivial or does not appear to disclose material misconduct or material; the matter raised appears to be without foundation or there is no apparent evidence to support it; some damage to members’ interests may arise; or the conduct, incident, event or issue has already been investigated and dealt with by the Organisation.

(6)  Where the decision-maker decides to investigate and deal with a grievance, the following steps shall be taken:

(a)  The complainant and the member, or the Organisation which is the subject of the grievance, must be advised of all details of the grievance.

(b)  The member, or the Organisation which is the subject of the grievance, must be given an adequate time to prepare a response.

(c)  The complainant and the member, or the Organisation which is the subject of the grievance, must be given an adequate opportunity to be heard, either in writing or at an oral hearing if the decision-maker considers that an oral hearing is required.

(d)  Any oral hearing shall be held by the decision-maker, and/or any written statement or submissions shall be considered by the decision-maker.

(7)  Where the decision-maker decides to investigate and address a complaint, the following steps shall be taken:

(a)  The complainant and the member being complained against must be advised of all allegations concerning the member and all the details of the complaint.

(b)  The member being complained against must be given adequate time to prepare a response.

(c)  The member being complained against must be given a fair opportunity to be heard, either in writing or at an oral hearing if the decision-maker deems it necessary.

(d)  Any oral hearing shall be conducted by the decision-maker and any written statements or submissions must be considered.

(8)  A member may not participate as a decision-maker in regards to a grievance or complaint if two or more Review Committee Members or the decision-maker, consider that there are reasonable grounds to believe the person may not approach the grievance or complaint impartially or without a predetermined view. This decision must take into account the Organisation's context and the particular case, including consideration of known facts about the decision-maker, provided the decision is reasonably based on evidence that supports or refutes an inference that the decision-maker might not act impartially.

(9)  In cases where a dispute or complaint is raised against Review Committee Members, the General Assembly shall select an independent arbitrator or panel by a two-thirds majority vote to investigate and resolve the matter. The arbitrator or panel shall have full authority to make binding decisions on the dispute, ensuring impartiality and fairness.

50 Resolving disputes

(1)  The decision-maker may:

(a)  dismiss a grievance or complaint; or

(b)  uphold a grievance and make such directions as the decision-maker thinks appropriate, with which the Organisation and members shall comply; or

(c)  uphold a complaint and:

                           (i)        reprimand or admonish the member; and/or

                          (ii)        suspend the member from membership for a specified period, or terminate the member's membership; and/or

                         (iii)        order the complainant, if a member or the member complained against, to meet any of the Organisation’s reasonable costs in dealing with a complaint.

Part 13
Winding up

The New Zealand Sikh Youth in the formal organised form or as a registered entity under New Zealand law may be wound up, liquidated or removed from a register in accordance with the provisions of this Constitution.

51 Process

(1)  The Chairperson shall give notice to all members of the proposed motion to wind the Organisation or remove it from a register and of the General Assembly at which any such proposal is to be considered. The notice shall include the reasons for the proposal and any recommendations from the Committee regarding the motion.

(2)  Any resolution to wind up the Organisation or remove it from a register must be passed by a two-thirds majority of all members present and voting.

52 Surplus assets

If the Organisation is wound up, or liquidated or removed from a register, no distribution shall be made to any member. If any property remains after settling the Organisation's debts and liabilities, that property must be given or transferred to another Organisation with similar charitable purpose(s).

Part 14
Alterations to the Constitution

53 Amending or replacing this Constitution

(1)  The Organisation may amend or replace this Constitution at a General Assembly by a resolution passed by a two-thirds majority of those members present and voting.

(2)  A motion from the Committee to amend or replace this Constitution may be presented from the floor and voted on without prior notice to the members during a General Assembly.

(3)  Any proposed motion from members to amend or replace this Constitution must be submitted in writing to the Chairperson at least 14 clear days before a General Assembly and cannot be presented from the floor. Notice of the proposed motion from members, reasons and Committee recommendations must be given to all members at least 7 clear days before a General Assembly.

(4)  When an amendment is approved by a General Assembly it shall be provided to any interested parties within 3 months of the date of the amendment. The updated Constitution shall be made accessible to members

Part 15
Miscellaneous provisions

54 Common seal

(1)  The common seal of the Organisation must be kept in the custody of the Chairperson and the Secretary.

(2)  The common seal may be affixed to any document:

(a)  by resolution of the Organisation and must be countersigned by two Committee Members; or

(b)  by such other means as the Committee may resolve from time to time.

55 Contact person

(1)  The Organisation’s contact officer must be:

(a)  a Sikh; and

(b)  at least 18 years of age; and

(c)  be ordinarily resident in New Zealand; and

(d)  not disqualified under this Constitution and shall be appointed by the Review Committee.

(2)  Any changes in the contact officer’s details must be communicated to interested parties within 25 clear days.

56 Intellectual property and media rights

(1)  All creative works, including but not limited to, documents, media content, publications and presentations produced by any member or group of members during their tenure or involvement with the Organisation shall be jointly owned by the Organisation and the creator(s).

(2)  The Organisation reserves the right to use, reproduce, modify, distribute and publish these works for any purpose, without further consent from the creator(s).

(3)  The Organisation holds exclusive rights to capture, use and distribute media content, including photographs, videos, audio recordings and live streams related to its activities, events and projects. This extends to content generated by members during Organisation-related activities.

(4)  Members who contribute to or appear in Organisation-related media content automatically grant the Organisation a perpetual, royalty-free and irrevocable license to use their likeness, voice and contributions in any such media.

57 Bylaws

The Executive Committee may make and amend bylaws and policies for the conduct and control of Organisation activities, as well as codes of conduct applicable to members. However, no bylaws, policies or codes of conduct applicable to members shall be inconsistent with this Constitution and must receive approval by a two-thirds majority of the Review Committee.