IPnz Constitution & Rules

Overview

CONSTITUTION OF THE INTERNET PARTY (IPnz)

An unincorporated society for political activity, as at 27 April 2018.

1. DEFINITIONS

1.1 In these rules:

“Digitally” means any communications made through electronic media.
“Electoral candidate” means a candidate selected by the Internet Party to contest an electorate at a general election or by-election.
“Executive Committee” means the Executive Committee of the Internet Party.
“Executive Officer” means any Executive Committee member in elected roles who is not the Party President, Membership Director or Party Leader.
“Full member” means a member who meets the membership criteria in clause 4.5.3.
“General member” means a member who does not meet the requirements for Full membership, but who otherwise meets the requirements in clause 4.5.1.
“Internet Party” means the Internet Party, a political party established under these rules.
“List Candidate” means a Full member nominated to, and selected for the Internet Party List.
“Member” means both Full members and General members.
“Membership Director” means the person elected to the Executive Committee in this role.
“Objectives” means the objectives of the Internet Party as determined by these rules.
“Parliamentary caucus” means all Members of Parliament who represent the Internet Party.
“Party List” means the list of candidates selected by the Internet Party to contest the Party vote at a general election.
“Party Secretary” means the person appointed as the Internet Party’s Party Secretary by the Executive Committee.
“Party” means the Internet Party.

1.2 In these rules all references to “written” communications also refer to communications made digitally.

2. NAME

2.1 The Internet Party is a not-for-profit unincorporated society established under these rules to undertake political activity that champions its objectives outlined in clause 3.1.

2.2 The official name of the Party is “Internet Party”.

2.3 The logo of the Internet Party shall be that described at schedule 1 of these rules.

3. OBJECTIVES

3.1 The objectives of The Internet Party are:

3.1.1 To promote and enhance New Zealand’s successful transition into a leader of the digital era; and
3.1.2 To promote and increase the value of digital commerce; and
3.1.3 To promote and support a Bill of Digital Rights for all New Zealanders; and
3.1.4 To benefit New Zealand’s cultural and social development by enhancing New Zealand’s digital connectedness; and
3.1.5 To ensure that a just, equitable and transparent balance exists between personal online privacy and digital connectedness; and
3.1.6 To champion the freedom of access, use, and delivery of the internet and digital communications in New Zealand; and
3.1.7 To promote the New Zealand government adopting digital means of communicating and to advocate for the establishment of open and e-government solutions for all New Zealanders; and
3.1.8 To increase transparency and accountability within New Zealand’s security and intelligence agencies and organisations; and
3.1.9 To actively encourage the participation of young people in New Zealand’s democratic process.

3.2 To support the objectives in 3.1, the Internet Party will also maintain and promote economic, cultural, social, ethnic, age and gender diversity and equality within the membership, candidacy and organisational structure of the Internet Party.

3.3 To achieve the objectives in 3.1, the Internet Party will strive to elect competent individuals to the New Zealand Parliament.

3.4 To achieve the objectives in 3.1, the Internet Party may enter into arrangements, including component party arrangements, with other parties or organisations.

4. MEMBERSHIP

4.1 Process

4.1.1 The Executive Committee will determine the process for joining the Internet Party and for approving membership applications. This process must align with and support the objectives of the Internet Party.
4.1.2 The process for joining the Internet Party, and any subsequent changes to that process, must be communicated publicly on the Internet Party’s website and through the Internet Party’s digital communications, as soon as reasonably practicable.
4.1.3 All applications for membership of the Internet Party must be approved by the Executive Committee at its sole discretion. Membership of the Internet Party will not be valid unless approved by the Executive Committee.
4.1.4 The Party Secretary shall keep and maintain a ledger of all current members of the Internet Party.

4.2 Categories of membership There will be two categories of membership: “General membership” and “Full membership”.

General Membership

4.2.1 General membership of the Internet Party shall be open to any natural person, whether resident in New Zealand or not, who:
- (a) Is 14 years old or over; and
- (b) Has paid a fee for membership of no less than $0.01 (One cent New Zealand) upon application for General membership; and
- (c) Accepts and abides by the rules and objectives of the Internet Party.
4.2.2 A General member has the same rights and privileges as a Full member unless otherwise provided for in these rules.

Full membership

4.2.3 Full membership of the Internet Party shall be open to any natural person who is:
- (a) 18 years old and over; and
- (b) Accepts and abides by the rules and objectives of the Internet Party; and
- (c) Has paid a fee for membership of no less than $0.01 (One cent New Zealand) upon application for Full membership; and
- (d) Is a qualified elector under the Electoral Act 1993; and
- (e) Is a New Zealand citizen or permanent resident; and
- (f) Has resided in New Zealand for 12 months continuously or more; and
- (g) Agrees to pay a total fee for Full membership of at least $1.00 NZD (One New Zealand dollar) over the course of their membership.
4.2.4 Provided the above conditions are satisfied, full membership of the Internet Party is valid for 36 calendar months.

4.3 Termination of Membership

4.3.1 A person will cease to be a member:
- (a) When the Executive Committee receives a written resignation of membership from the person; or
- (b) When the Executive Committee determines, having regard to the principles of natural justice, that a Member has ceased to accept or abide by the rules or objectives of the Internet Party; or
- (c) When the Executive Committee determines, having regard to the principles of natural justice, that a Member has brought the Internet Party into disrepute; or
- (d) When a member contests a general election or by-election that already has an Internet Party List candidate or Electorate candidate, without the consent of the Executive Committee; or
- (e) When the person dies.
4.3.2 A person ceases to be a Full member, but will remain as a General member when that person has failed to renew their Full membership after 3 years.
4.3.3 Upon cessation of Full Membership, the Party Secretary shall remove that person from the ledger of current Full members.

5. RIGHTS AND PRIVILEGES OF MEMBERS

5.1 Every Member is entitled to attend, vote and actively participate in all meetings of the Internet Party, including Annual General Meetings, either in person or digitally.

5.2 Every Member who is in attendance at an Annual General meeting, either in person or digitally, is entitled to participate in the election of the Executive Committee.

5.3 Every Member is entitled to participate in the selection of Party List candidates and Electorate Candidates, to the extent allowed by the process determined by the Executive Committee.

5.4 Every Member is entitled to actively contribute to the policy and manifesto development of the Internet Party in so far as such contribution aligns with the objectives of the Internet Party, these rules, and the process determined by the Executive Committee.

5.5 Each Member is entitled to one vote that may be exercised in any meeting or election or process determined by the Executive Committee.

5.6 Members may exercise the proxy votes of other members, either in person or digitally, provided they comply with any process for exercising proxy votes decided by the Party Secretary and notified to Members from time to time.

6. DISCIPLINARY PROCEDURES

6.1 Complaints

6.1.1 Any Member may complain in writing to the Party Secretary about another Member.
6.1.2 On receipt of a complaint the Party Secretary will decide in their absolute discretion whether to refer the complaint to the Executive Committee for investigation and resolution. If they do not refer the complaint, it will be deemed to have been dismissed.
6.1.3 The Party Secretary is obliged, as soon as practicable, to inform the complainant about whether the complaint will be referred for investigation or not.

6.2 Process

6.2.1 If a complaint is referred, a temporary disciplinary committee will be established comprising:
- (a) The Party President; and
- (b) The Party Secretary; and
- (c) Two members of the Executive Committee, elected by the Executive Committee.
6.2.2 The disciplinary committee will resolve the complaint, consistent with the principles of natural justice.
6.2.3 The disciplinary committee may decide to hear from expert advisors if it considers it necessary.
6.2.4 The disciplinary committee will then make a decision regarding the complaint, communicated to both parties.

6.3 Forms of Discipline

6.3.1 The disciplinary committee will have the power to:
- (a) Reject the complaint; or
- (b) Censure the Member; or
- (c) Suspend the Member for a period; or
- (d) Expel the Member from the Party; or
- (e) Any other action it considers appropriate.
6.3.2 The decision of the disciplinary committee and any sanction it imposes will be final. There will be no right of appeal.

7. ANNUAL GENERAL MEETING

7.1 The Internet Party shall hold an Annual General Meeting that all Members may attend in person or digitally. The Executive Committee is responsible for setting the agenda.

7.2 When in session the Annual General Meeting will be the highest governing body of the Internet Party.

7.3 The Annual General Meeting shall be held at such a time and place as shall be determined by the Executive Committee.

7.4 Notice shall be given by the Party Secretary to all Members not less than two calendar months prior.

7.5 The Annual General Meeting must include:

(a) Consideration of the financial accounts;
(b) An annual report from the Party President;
(c) An annual report from the Party Secretary; and
(d) Any other business as determined by the Executive Committee.

7.6 The Annual General Meeting will be preceded by the Annual General Meeting of Internet Party Assets Incorporated, which must take place on the same day and at the same place.

7.7 An election of the Executive Committee shall be conducted at the Annual General Meeting in every year that is not an election year.

7.8 Any member in attendance is entitled to vote on all matters before the meeting.

Special General Meetings

7.9 A Special General Meeting may be called by the Party Convenor or by a majority of the Executive Committee.

7.10 Notice shall be given to all Members no less than 10 working days prior.

7.11 Only such matters as notified in the agenda shall be considered.

Miscellaneous

7.12 The Party President is the Chairperson. In their absence, the Executive Committee shall appoint an interim Chairperson.

7.13 The Party Secretary shall record minutes.

7.14 Quorum must include:

(a) At least 50 per cent of the Executive Committee; and
(b) At least 10 per cent or 50 Full Members, whichever is the greater.

7.15 Proxy representation is permitted but does not count toward quorum.

7.16 Quorum includes those in attendance in person or digitally.

7.17 Meetings shall be open to the public and media as non-participating observers unless decided otherwise.

8. EXECUTIVE COMMITTEE

Structure

8.1 There will be an Executive Committee as per these rules.

8.2 When the Annual General Meeting is not in session, the Executive Committee shall be the governing body of the Internet Party.

8.3 The Executive Committee is responsible for the administration of political affairs, selection of the Party List and candidates, approving the manifesto, appointing the Party Secretary, and the management of Internet Party Assets Incorporated.

8.4 The Executive Committee is bound to act in accordance with the objectives and these rules.

8.5 Each member shall be appointed for a term not exceeding two calendar years and is eligible for re-appointment.

8.6 The Executive Committee shall meet not less than 4 times per calendar year.

Membership of the Executive Committee

8.7 The Executive Committee shall consist of:
- (a) The Party President; and
- (b) The Party Leader; and
- (c) The Party Secretary; and
- (d) The Membership Director; and
- (e) If applicable, one representative elected by the Parliamentary caucus; and
- (f) Five Full members elected into the roles of Executive Officer.

8.8 Each member has one vote. Decisions by simple majority; the Party President has a casting vote.

8.9 The Executive Committee can create non-voting ex officio positions.

8.10 It shall attempt to remain representative of the membership base.

Electing members of the Executive Committee

8.11 The Party Secretary shall open nominations no less than one month prior to an AGM.

8.12 Any Full member may be nominated by at least two current Full members and one Executive Committee member.

8.13 An election for positions (excluding Party Secretary and Leader) will be held at the AGM by Single Transferable Vote (or simple majority for 2-3 candidates).

8.14 The term is generally two calendar years, adjusted in election years.

Removal from Office

8.15 The Executive Committee may remove any member from its ranks by a 75% vote at a Special General Meeting, except for the Party Leader when in Parliament (covered by clause 10).

Vacancy

8.16 Where a position is vacant, the Party Secretary will conduct a by-election as soon as practicable.

Duties and Responsibilities

8.17 Specific duties for the President, Membership Director, and Executive Officers are outlined.

Powers and Limitations

8.18 The Executive Committee has authority to direct IP Assets Inc. to borrow money, exercise other lawful powers, appoint sub-committees, and enter into component party arrangements.

8.19 It may delegate powers but can revoke any delegation immediately.

9. PARTY SECRETARY

9.1 The Executive Committee shall appoint a Party Secretary responsible for administration.

9.2 The Party Secretary is responsible for ensuring compliance with New Zealand’s electoral law.

9.3 The Party Secretary is an automatic, voting member of the Executive Committee.

9.4 The Party Secretary will be remunerated and is an employee of Internet Party Assets Incorporated.

9.5 The Party Secretary can exercise powers given by the Executive Committee and those under these rules.

9.6 The Party Secretary acts as the Returning Officer for internal elections or may delegate this role.

10. PARTY LEADER

10.1 The Internet Party will have a Party Leader, responsible for Parliamentary affairs if represented.

10.2 The Party Leader is an automatic, voting member of the Executive Committee.

10.3 If not in Parliament, the Leader is the #1 List candidate or a Full Member approved by 75% of the Executive Committee.

10.4 If in Parliament, the Leader is selected by majority vote of the Parliamentary caucus (with specific rules for one or two members).

10.5 A Leader may be removed by a simple majority vote of no confidence by the caucus.

10.6 An automatic confidence vote is held at the first caucus meeting after a general election.

11. COMMON SEAL

11.1 The Executive Committee shall adopt a common seal to be affixed in the presence of two members.

12. SELECTION OF PARTY LIST

Selection Pledge

12.1 All candidates must sign a formal selection pledge.

12.2 The Executive Committee shall distribute relevant information to candidates.

Selecting the Party List

12.3 The Executive Committee produces the Party List via a process involving:

(a) Calling for nominations (self-nomination by Full members allowed).
(b) Creating an “Indicative Party List” (9-121 candidates).
(c) Consulting members, who rank the Indicative List.
(d) The Executive Committee producing the “Final Party List” at its sole discretion.

12.4 The Executive Committee determines the detailed procedure.

Selecting Electorate Candidates

12.5 The Executive Committee may ask List candidates to stand in electorates.

12.6 List candidates may decline and remain on the List.

Considerations

12.7 In ranking candidates, the Executive Committee shall actively maintain and promote diversity and equality.

Democratic participation

12.8 Every Member is entitled to participate in ranking the Indicative Party List.

Remuneration

12.9 The Executive Committee is empowered to remunerate members of the Party List.

13. MANIFESTO AND POLICY DEVELOPMENT

Policy Committee

13.1 A Policy Committee shall be appointed by the Executive Committee.

13.2 It is responsible for facilitating and ratifying policy development.

13.3 It comprises the Party President, Party Leader, and 5-10 appointed Full members (and advisors).

13.4 The Executive Committee shall promote diversity in its membership.

13.5 The Committee appoints its own chair and meets at least once a year.

13.6 It determines its own rules consistent with Party objectives.

13.7 The Executive Committee may remunerate Policy Committee members.

Manifesto

13.8 The Policy Committee is responsible for developing the manifesto prior to each general election.

13.9 The manifesto is confirmed by the Executive Committee before public release.

13.10 The Policy Committee may involve members and advisors in development.

14. FINANCE AND EXPENDITURE

Internet Party Assets Incorporated

14.1 “Internet Party Assets Incorporated” is responsible for the Party’s financial accounts, expenditure, property and assets.

14.2 Its Managing Committee is as contained in its own Rules.

14.3 Its members are all Executive Committee members plus additional members selected to reach 15-20 total.

14.4 Its rules are attached as a schedule.

14.5 Its AGM is held immediately prior to the Party’s AGM.

Decisions

14.6 At its first meeting after each AGM, the Executive Committee will decide by resolution on income disbursement, the budget, remuneration, expenditure approval processes, and legal compliance.

Auditing and reporting

14.7 The Party Secretary may contract a Chartered Accountant or solicitor for parts of their role with Committee approval.

14.8 The Party Secretary must prepare a financial report for the AGM.

14.9 The Party Secretary must ensure the Party’s accounts are independently audited yearly as per the Electoral Act 1993.

15. STRUCTURAL UNITS AND AUTHORITIES

15.1 The Executive Committee may delegate authority and establish other structural units.

15.2 It determines the process for selecting members to these units.

15.3 The Chairperson of a unit is the delegated representative.

15.4 If delegated authority is removed, the unit immediately ceases to exist.

16. LEGAL COMPLIANCE

16.1 The Internet Party, Internet Party Assets Incorporated and the Executive Committee shall abide by the laws of New Zealand.

17. PARTY BY-LAWS

17.1 The Executive Committee is empowered to enact by-laws that affect or clarify this constitution.

17.2 The Party Secretary keeps a register of by-laws available to members.

17.3 The Executive Committee may amend or revoke by-laws at its discretion.

18. AMENDMENTS TO THE CONSTITUTION

Entrenchment of objectives

18.1 The objectives under Clause 3 shall not be amended unless by a 75% majority vote of the Executive Committee at a Special General Meeting called for that purpose.

Amendments

18.2 Any Full member may propose amendments via a procedure set by the Party Secretary.

18.3 Notice of proposed amendments must be given not less than one month prior to an AGM or five working days prior to a Special General Meeting.

19. DISSOLUTION

19.1 A 75% Majority of Executive Committee members may, at a Special General Meeting, resolve to dissolve the Party.

19.2 The motion must be passed by more than 50 per cent of Full Members and have no more than 500 Full Members in objection.

19.3 Upon dissolution, the Executive Committee must also dissolve Internet Party Assets Incorporated.

19.4 Any property shall be transferred to political parties or societies with similar objects within New Zealand.