5.0 Membership
5.1 Membership Classes
There are 2 membership classes, namely:
5.1.1 Full Members;
5.1.2 Associate Members.
5.2 Eligibility for Membership
5.2.1 In this Constitution, unless the context otherwise requires:
5.2.1.1 "Qualifying Person" means a person who, in the opinion of a registered Optometrist or Ophthalmologist, has visual acuity not exceeding 6/24 in the better eye with correcting lenses or serious limitations in the field of vision generally not greater than 20 degrees in the widest diameter;
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5.2.1.2 "Qualifying Child" means a Qualifying Person under the age of 16 years;
5.2.1.3 "Guardian" means a guardian as defined in the Guardianship Act 1968.
5.2.2 Subject to this Constitution, any person who is resident in New Zealand is eligible to become a Full Member if:
5.2.2.1 He or she is a Qualifying Person aged 16 years or over; or
5.2.2.2 He or she is a Guardian of a Qualifying Child and no other person is, for the time being, the Custodial Guardian in respect of that Qualifying Child.
5.2.3 Any natural person in New Zealand aged 16 years or over who supports the objectives of the Foundation is eligible to become an Associate Member.
5.2.4 A person may not be both a Full Member and an Associate Member at the same time.
5.3 Admission of Members
5.3.1 A person wishing to become a Member must make an application in the prescribed form.
5.3.2 Unless the information is already held by the Foundation, every application for admission as a Full Member must be accompanied by a written opinion from a registered optometrist or ophthalmologist as to the vision of the applicant or of any relevant child (as the case may require) in terms of the medical criteria mentioned in Rule 5.2.1.1. The Board must, in the absence of manifest error, accept the opinion as conclusive.
5.3.3 Every application for admission based on Rule 5.2.2.2 must state the name and date of birth of each relevant Qualifying Child. The Board may, but is not bound to, require the applicant to make and produce a statutory declaration or to produce such other evidence as the Board may reasonably require to verify his or her guardianship of each relevant Qualifying Child. Where such a declaration is made and produced the Board must, in the absence of manifest error and subject to any order of any Court of competent jurisdiction, accept the declaration as conclusive. Where there are 2 or more joint guardians of an individual child, only one of them may apply for Membership.
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5.3.4 The Board must admit an applicant to the Membership class applied for if it is satisfied that:
5.3.4.1 The application form has been duly completed and all supporting material required in terms of this Rule has been provided to it; and
5.3.4.2 The applicant is eligible for the Membership class applied for.
5.4 Cessation of Membership
5.4.1 A person ceases to be a Member if:
5.4.1.1 He or she resigns by giving written notice of resignation to the Foundation; or
5.4.1.2 In the case of a Custodial Guardian, he or she ceases to be a Guardian of at least 1 Qualifying Child; or
5.4.1.3 In the case of an Associate Member, his or her Membership lapses under Sub-Rule 5.4.4 below; or
5.4.1.4 The Board is satisfied that 2 or more successive notices of general meeting of Members sent to the person addressed to him or her at his or her address as shown in the Register of Members (as defined in Rule 5.5) have been returned unclaimed and the Board passes a resolution (expressed to be pursuant to this Sub-Rule) that his or her Membership be terminated; or
5.4.1.5 The Board determines that he or she obtained admission to Membership by improper means; or
5.4.1.6 He or she dies; or
5.4.1.7 He or she fails to comply by the specified date with a notice sent by the Board under either Sub-Rule 5.4.2 or Sub-Rule 5.4.3.
5.4.2 This Sub-Rule applies where, in relation to any Full Member, the Board believes, on reasonable grounds, that the Member or any relevant child (as the case requires) may no longer meet the medical criteria described in Rule 5.2.1.1. Where this Sub-Rule applies, the Board may give the Member concerned notice requiring him or her to produce by a specified date a written report from a registered Optometrist or Ophthalmologist (dated after the date of the notice) verifying that the Member or the relevant child (as the case requires) still meets the said medical criteria. The date specified in the Board's notice must be at least 2 months after the date on which the notice is sent.
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5.4.3 This Sub-Rule applies where the Board believes, on reasonable grounds, that a person appearing in the Register of Members as a Custodial Guardian has or may have ceased to have guardianship of a relevant Qualifying Child. Where this Sub-Rule applies, the Board may give the person concerned notice requiring him or her to produce by a specified date such evidence as the Board shall reasonably require to verify that he or she is still Guardian of the relevant child. The date specified in the Board's notice must be at least 2 months after the date on which the notice is sent.
5.4.4 This Sub-Rule applies to Associate Membership only.
5.4.4.1 In this Sub-Rule, the expression "Associate election year" means any year in which an election is held for the Associates' seat on the Board pursuant to Rule 7.5.
5.4.4.2 In each Associate election year the Board shall cause to be sent to each Associate Member a notice in the prescribed form requesting him or her to notify the Foundation by a date specified in the notice whether he or she wishes to continue as an Associate Member. The date so specified must not be earlier than 3 months from the date of despatch of the notice. The Member shall notify his or her response to the notice either in writing or by such alternative means (if any) as are stated in the notice.
5.4.4.3 If in response to the Foundation's notice the Member notifies the Foundation that he or she does not wish to continue as an Associate Member or if he or she fails to notify his or her wish to continue as an Associate Member in the manner and within the time required by the notice, then his or her Associate Membership shall automatically lapse. The lapse takes effect on the day following the date specified in the notice from the Foundation.
5.4.4.4 The lapse of a person's Associate Membership in terms of this Sub-Rule does not of itself prevent him or her from subsequently applying for re-admission as a Member.
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5.4.5 Cessation of Membership does not affect any rights or obligations accrued prior to the date of the cessation of Membership.
5.4.6 Rule 5.4.1.2 does not apply to a Member who is a Custodial Guardian by virtue of sub-rule 2.1.3.2 of the definition of Custodial Guardian.
5.5 Register of Members
5.5.1 The Chief Executive, under the general supervision of the Board, shall maintain a Register of Members complying with the requirements of the Incorporated Societies Act 1908 and of this Rule.
5.5.2 The Members of each respective Membership class shall be listed in separate sections in the Register.
5.5.3 The Chief Executive, under the general supervision of the Board, shall maintain a record containing, in relation to each Custodial Guardian, the names and dates of birth of each relevant Qualifying Child. That record shall not be part of the Register of Members and shall not be open to inspection by any person other than by the employees of the Foundation directly responsible for the maintenance of the record itself and of the Register or by any person making a determination (for the purposes of any poll or Postal Vote ) under the next following Sub-Rule or by such other persons as the Board may authorise by name and for a purpose that it must specify.
5.5.4 For the purposes of any poll conducted at a meeting of Members or for the purposes of any postal vote:
5.5.4.1. The Register of Members shall be taken prima facie to be complete and correct in all respects;
5.5.4.2. The number of votes to which each Custodial Guardian is entitled shall be determined by reference to the record kept under Sub-Rule 5.5.3. The reference shall be made only by the Chief Executive or by an employee of the Foundation nominated by the Chief Executive. The determination must be evidenced in writing and is conclusive.
5.5.5 A Member must promptly notify the Foundation in writing of any change in his or her name or address. Any address must be in New Zealand.
5.6 Additional Provisions relating to Custodial Guardians
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5.6.1 Any Full Member may at any time apply in the prescribed form to be registered (in the record kept under Sub-Rule 5.5.3) as the Custodial Guardian for any Qualifying Child that he or she is the Guardian of, provided that no other person is currently registered as the Custodial Guardian for that Qualifying Child. A Full Member may be registered as the Custodial Guardian for more than 1 Qualifying Child. The application must contain the names and dates of birth of each Qualifying Child to which the application relates.
5.6.2 The Chief Executive, at his or her discretion, may accept and rely on the notice and the information contained in it without further enquiry or may require the applicant to make and produce a statutory declaration or to produce other reasonable independent evidence to verify that any child concerned is a Qualifying Child and that the applicant is the child's Guardian. The Chief Executive shall, in the absence of manifest error and subject to any order of any Court of competent jurisdiction, accept such a statutory declaration as conclusive.
5.6.3 If satisfied that the application is in order and that no other person is, for the time being, entered in the record as a Custodial Guardian in respect of the same child, the Chief Executive shall enter in the record kept under Rule 5.5.3 and in relation to the applicant the particulars of the relevant child required in terms of that Rule.
5.6.4 A Custodial Guardian must notify the Chief Executive in writing promptly:
5.6.4.1 If he or she ceases to be the Guardian of any Qualifying Child that he or she is recorded as being Guardian of in the record kept under Rule 5.5.3; or
5.6.4.2 If any such child ceases to be a Qualifying Child.
The Chief Executive shall thereupon cause the child's name to be deleted from the record.
5.7 Potential Members to be notified of Major Proposals
5.7.1 In this rule:
5.7.1.1 "Major Proposal" means any of the following:
5.7.1.1.1 Any proposal to rescind or alter Rules 3.1, 3.2, 3.5 or 3.7 (which contain certain objects of the Foundation);
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5.7.1.1.2 Any proposal to add any further objects to the objects of the Foundation;
5.7.1.1.3 Any proposal to rescind or alter Rule 6.7.2 (which contains certain mandatory Board Policies);
5.7.1.1.4 Any proposal to rescind or amend Rule 13.4 (which relates to the liquidation of the Foundation and the disposal of surplus assets on liquidation);
5.7.1.1.5 Any proposal to approve a Major Transaction (as defined in Rule 6.4.1.3);
5.7.1.1.6 Any proposal to rescind or alter this present Rule 5.7;
5.7.1.2 "Potential Members" means that general class of persons who, though not Full Members of the Foundation in terms of this Constitution, either receive services from the Foundation themselves or are the guardians of persons receiving such services and who, in either case, might reasonably be supposed to be or to include persons eligible to become Full Members of the Foundation.
5.7.2. Where notice is to be given or has been given to Members of a meeting of Members to consider any Major Proposal, the Board shall take such steps as are reasonably practicable to inform Potential Members generally:
5.7.2.1 That the meeting is to be held and the time and place of the meeting; and
5.7.2.2 The general nature of the proposal; and
5.7.2.3 That only those who are registered as Full Members of the Foundation will be entitled to vote on the proposal; and
5.7.2.4 The eligibility criteria for Membership of the Foundation as a Full Member; and
5.7.2.5 How any Potential Member may obtain from the Foundation further information about applying for Membership of the Foundation.
5.7.3. The Board shall take all reasonable steps to ensure:
5.7.3.1 That adequate facilities are provided to expedite and facilitate the processing of Membership applications by Potential Members desiring to become registered as Full Members in time to be eligible to vote on the proposal;
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5.7.3.2 That copies of the notice of meeting and any material about the proposal and accompanying the notice of meeting are provided on request to any person claiming to be a Potential Member and requesting such copies.
5.7.4 For the purposes of communicating with Potential Members under this Rule, the Board is not obliged to employ any channels or methods of communication other than those normally employed by the Foundation in the ordinary course of providing services to, or otherwise communicating with, those who receive services from the Foundation. The Board is not obliged to communicate separately with each individual Potential Member and the Board is deemed to have discharged its obligations under this Rule if it employs a method or a combination of two or more methods of communication which may reasonably be calculated to reach a majority of the persons who together comprise the Potential Members.
5.7.5 Non-compliance with this rule does not of itself invalidate any Major Proposal, any meeting convened to consider a Major Proposal, any resolution passed at such a meeting or any transaction entered into or step taken in pursuance of such a resolution.
5.7.5 This Rule does not apply to any proposal to alter this Constitution if the Chairperson of the Board, acting in pursuance of a resolution of the Board, certifies in writing that, in the Board's opinion, the proposed alteration is only of a minor or technical nature and is not likely to have any materially adverse effect on the rights or interests of Potential Members generally in their capacity as such.