Constitution: Governance, Goals & Vision
1. Name
1.1 The name of the Incorporated Society will be Harm Reduction Coalition Aotearoa Incorporated (HRCA).
2. Background
2.1 No drug has been made safer by prohibition. Fifty years of drug prohibition has failed to have any significant impact on the supply of, or the demand for drugs. On the contrary, prohibition has created significant additional harms.
2.2 Prohibition has fueled a large and lucrative underground, untaxed and unregulated illicit drug market; drug enforcement has increased crime, community tensions and gang violence; people using unregulated drugs have little idea what they are consuming; prohibition has placed people at risk of poisoning, overdose and death; people who need help are reluctant to seek help for fear of criminalization, punishment, stigma and exclusion; criminal convictions for drugs have devastating consequences on life opportunities including housing, employment, insurance, health, relationships and overseas travel; drug law enforcement has disproportionately and unfairly targeted young people, the poor, people with life limiting conditions, Māori and ethnic minority communities.
2.3 Whereas, a legally regulated market would facilitate safer consumption and significantly reduce the risks highlighted above. Legal regulation would ensure all aspects of supply are properly regulated and accountable. It would provide substantial gains in tax revenue and free up considerable public funds currently spent on drug law enforcement.
3. Objectives of HRCA
Harm Reduction Coalition Aotearoa Incorporated seeks to:
3.1 Establish cross party and non-partisan support to end drug prohibition by rescinding the failed Psychoactive Substance Act 2013 and the Misuse of Drugs Act 1975 as recommended in the New Zealand Law Commission Review in 2011.
3.2 Ensure all adult possession, cultivation and production of ALL drugs is legal for personal use.
3.3 To dismantle all policies that reinforce drug Prohibition.
3.4 Secure the annulment of all criminal records and convictions related to adult personal possession, cultivation and production of drugs.
3.5 To ensure drug policies are rooted in science and evidence, and uphold the principles of harm reduction and human rights.
3.6 Promote a new Psychoactive Drugs Act managed by Health, that regulates all aspects of the supply of psychoactive substances. This includes those psychoactive substances that are currently legal and those psychoactive substances that are currently prohibited.
4. Membership
4.1 Membership of Harm Reduction Coalition Aotearoa Incorporated is open to any individual or organisation who agree with the six aims outlined above in Section 3. Members will be required to complete a consent form. The Committee may remove or refuse membership with no refund of fees paid.
4.2 Membership of HRCA is available online via the HRCA website or by direct bank transfer. The membership fees for organisations and individuals will be determined by the AGM. The membership for the unwaged must be significantly lower than the membership fee of the waged. A register of members will be kept online.
4.3 Membership will terminate at the end of the 12 month period, if not renewed. Membership can be terminated immediately if put in writing to HRCA. There will be no refunds for early termination of membership.
4.4 Members are expected to support the purposes of the Society as outlined in Section 3, and do nothing to bring HRCA into disrepute. Breach could result in membership being terminated by the Committee. Any dispute within the HRCA will be managed internally as outlined in Appendix One.
4.5 Harm Reduction Coalition Aotearoa Incorporated will not discriminate on the grounds of gender, race, colour, ethnic or national origin, sexuality, disability, religious or political belief, marital status or age.
5. Meetings of the Society
5.1 All meetings will be chaired by the Chair, and if not available an Officer. Types of meetings held be HRCA include:
Annual General Meeting This shall be held once every year before July. The Committee shall determine when and where this meeting shall be held.
Committee Meeting Committee meetings, will be held not less than every three months. Only society members can become officers of The Committee and must satisfactorily complete the required declaration and consent form.
Extraordinary General Meeting These shall be called as necessary by the Committee or by written request supported by at least 15 Ordinary Members.
5.2 Annual General Meetings (AGM)
5.2.1 The purpose of the AGM shall be as follows:
a. Review of the previous year including Chairperson’s report and Financial report.
b. Committee report on strategy, campaign progress, achievements, and challenges.
c. Review and election of Committee Members and holders of Officer roles
d. Approval of plans for the balance of the current and next calendar years.
5.2.2 The Secretary will notify the membership three weeks before the Annual General Meeting by email including the time, date and location of the meeting. Meeting papers and agenda will be supplied to all Members one week prior to the meeting.
5.2.3 Nominations for the Committee may be made to the Secretary before the AGM or at the AGM.
5.2.4 The quorum for the AGM will be 10% of the membership or at least 10 members. Members may choose to attend via an online platform to be agreed prior to the meeting date.
5.2.5 Everyone legitimately in attendance at the AGM or Extraordinary General Meeting is entitled to vote. There is no provision for proxy votes. All voting decisions will require a proposer and a seconder. The chair can exercise an additional casting vote should the vote be tied. No resolutions can be passed in lieu of a meeting.
5.2.6 Minutes will be distributed to members via email.
5.3 The Committee will consist of at least three officers and no more than seven officers
5.3.1 The purpose of Committee Meetings shall be as follows:
a. To review strategy, progress and issues.
b. To plan and implement the day-to-day running of the campaign.
c. To coordinate the campaign and involve others.
5.3.2 Quorum for the Committee is three officers, including the appointed Chair, Treasurer or Secretary. Meetings can be via online platforms. All voting decisions will require a proposer and a seconder. The Chair can if they wish, have an additional casting vote should the vote be tied.
5.3.3 Any Society Member may attend a Committee meeting, but do not have the right to engage in the voting process. They may only speak at the invitation of the Chair.
5.3.4 All questions that arise at any meeting will be discussed openly and the meeting will seek to find general consensus that members present can agree to. If a consensus cannot be reached a vote will be taken and a decision will be made by a simple majority of members present. If the number of votes cast on each side is equal, the chair of the meeting shall have an additional casting vote.
5.3.5 Minutes will be distributed to members via email by the Secretary.
5.4 Extraordinary General Meetings (EGM)
5.4.1 The Committee may from time to time call an Extraordinary General Meeting to discuss and make decisions on matters that are urgent or under unusual circumstances. These meetings shall be notified and conducted under the same rules as AGMs.
6. Structure and Officers
6.1 The day to day business of the group will be managed and overseen by the Committee (three to seven officers) to be elected at the Annual General Meeting (AGM).
6.2 The Committee should ideally comprise seven officers with suitable experience of drugs and drug policy reform. Whenever possible the committee should reflect a diverse representation. Officer roles must include: Chairperson, who shall chair the Committee and General Meetings and lead the campaign. The Secretary, who shall be responsible for the taking of minutes, maintaining membership records, dealing with correspondence, and the distribution of all papers. The Treasurer, who shall be responsible for the financial administration of the campaign. All Officers must complete a consent form declaring they are not disqualified.
6.3 The Chair, Treasurer and Secretary shall be elected or re-elected by the membership at every AGM. There is no limit to the number of times Officers can be re-elected. All officer appointments need a proposer, seconder and must secure the most votes.
6.4 When electing the remaining officers, consideration should be given to ensuring the Committee has sufficient expertise in drug research and policy; Māori representation, and gender balance, and represents a diverse range of different drug user interests.
6.5 In the event of the Chair, Secretary or Treasurer standing down before completing the year, the vacancy will be notified to members, interested candidates can put themselves forward or be nominated, and a replacement(s) will be elected at an Extraordinary General Meeting.
6.6 Officers will be removed from Office by the Committee if they are: absent from three meetings without leave; they have brought the Society into disrepute; have failed to declare a conflict of interest; or the Committee passes a vote of no confidence in the Officer.
6.7 The Committee may from time to time, create specialist positions such as social media representative, spokesperson, researcher etc. Such appointments must come from among the society’s membership. These appointments are not members of the Committee.
6.8 The Committee will be accountable to the members via the AGM, regular email newsletter updates and via individual member inquiries.
7. Control of the Common Seal
7.1 The Common Seal of Harm Reduction Coalition Aotearoa Incorporated shall be held by the Chairperson, and will be used on legal documents and on contracts that the Society enters into.
8. Control and Investment of Funds
8.1 Harm Reduction Coalition Aotearoa Incorporated seeks to become a not-for-profit organisation. Donations will be accepted
8.2 Money will be held in a NZ bank account.
8.3 The Chair, Secretary and Treasurer of HRCA have individual signing authority on all spending, however, amounts over $1000 will need to be signed off by the Chair and one other officer.
8.4 HRCA funds may be used for day to day expenses of the organisation, resource materials, promotional activities and events, travel for delegates, and education/training of members.
8.5 The Committee will be accountable to the members via the AGM, regular email newsletter updates and via individual member inquiries.
8.6 The financial year shall run from 1st April until our balance date, the 31st March.
8.7 Under no circumstances can money be borrowed by the Society.
9. Winding up Harm Reduction Coalition Aotearoa Incorporated
9.1 In the event of HRCA winding up, any debts, costs, and liabilities will be dealt with in a manner agreed by 70% of those in attendance at an AGM or EGM.
9.2 In the event of HRCA winding up, or to enable the removal of the society from the register, Hospice NZ is the nominated not-for-profit entity, to which any surplus assets of the society should be distributed.
10. Amendments to the Constitution
10.1 Amendments to the constitution can only be made at the AGM or EGM. While motions in all meetings are carried by a simple majority, amendments to the constitution require a vote in favour of at least 70% of those in attendance. Similar to motions generally, a motions to change the constitution does not require any prior notice.
10.2 All amendments, like all motions, require a proposer and a seconder.
10.3 All changes made to Governance, Goals, and Vision must be recorded in a log section after appendixes.
25th June 2023
Appendix One
HRCA Formal Dispute Resolution Process
1. Initial Reporting and Documentation: If a formal dispute arises in HRCA, the involved parties should report it to an Officer. This should be done in writing, clearly outlining the issue, parties involved, and any relevant evidence.
2. Preliminary Assessment: The Officers will conduct a preliminary assessment to determine the nature and severity of the dispute. This may involve gathering initial statements from the involved parties.
3. Notification of Dispute and Involvement of Parties: All parties involved will be notified of the dispute, including the allegations against them, and informed about their right to be heard.
4. Appointment of an Impartial Investigator: Officers will appoint an impartial third-party with no vested interest in the outcome will be appointed to conduct the investigation. This person should be well-versed in dispute resolution techniques and natural justice principles.
5. Gathering of Evidence: The investigator will gather all relevant evidence, including documents, emails, witness statements, and any other pertinent information. This will be done objectively, without bias towards any party.
6. Interviews and Statements: When possible the investigator will conduct interviews with the involved parties separately, allowing each person to present their side of the story.
7. Analysis and Evaluation: The investigator will analyze all the gathered information, ensuring that they consider all perspectives and evidence. They should determine whether the evidence supports the allegations.
8. Drafting of a Report: The investigator should compile their findings into a report, summarizing the dispute, outlining the evidence, and providing a conclusion based on their evaluation.
9. Providing the Report to the Parties: The report should be provided to all parties involved for their review and allow them the opportunity to respond to the findings and provide any additional information or perspective.
10. Opportunity for Response: The involved parties will be given reasonable time to respond to the report and the investigator’s findings.
11. Final Decision: The HRCA Steering Group will be responsible for making the final decision. They should carefully consider the investigator’s report, the responses from the parties, and any additional evidence provided.
12. Communication of Decision: The final decision, along with the rationale, should be communicated to all parties involved in a clear and respectful manner.
13. Follow-Up and Implementation of Actions: If any corrective actions or resolutions are determined, they should be implemented promptly and monitored to ensure compliance.
14. Review and Feedback: After a reasonable period, the process should be reviewed for effectiveness, and feedback from all parties involved should be gathered to improve future dispute resolution processes. This process is designed to uphold principles of natural justice by ensuring fairness, impartiality, transparency, and the right to be heard for all parties involved in the dispute. It also allows for thorough investigation and consideration of evidence before reaching a final decision.
Log of Amendments
Amendments passed at AGM 26th March 2024:
1. Amend s8.1 “Harm Reduction Coalition Aotearoa Incorporated is a not-for-profit organisation. Donations will be accepted.” to “Harm Reduction Coalition Aotearoa Incorporated seeks to become a not-for-profit organisation. Donations will be accepted.” We do not yet meet the requirements to be legally recognised as a not-for-profit.
2. Correct s5.1 and Appendix 1.11 to change name from “Steering Committee” to “The Committee”
3. Amend s5.1 “Annual General Meeting This shall be held once every year in March.” to “be held once every year before July” to reduce financial administrative burden.
4. Amend s4.1 to include “The Committee may remove or refuse membership with no refund of fees paid.”
5. Correct typo in s5.1 “Only society members can officers of The Committee” to “Only society members can become officers of The Committee”
6. Add S10.3 under Amendments to the Constitution: “All changes made to Governance, Goals, and Vision must be recorded in a log section after appendixes”.