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Rules of the NZIMLS

Last revised & adopted in 2009

Name
- The name of the Institute shall be "The New Zealand Institute of Medical Laboratory Science (Incorporated)".
Incorporation
- The Institute shall be registered under "The Incorporated Societies Act, 1908".
Registered office
- The Registered Office of the Institute shall be at such a place, as may from time to time be determined by the Council.
Objectives
- The objectives of the Institute are:
  1. To establish and promote standards appropriate to the profession of Medical Laboratory Science
  2. To improve the standards, status, education and training of members of the profession
  3. To confer appropriate categories of membership on those entitled to receive them
  4. To encourage the publication of material relating to, or associated with Medical Laboratory Science
  5. To promote, conduct and organise professional examinations as may be required by the membership
  6. To provide counsel, advice and representation on matters pertaining to Medical Laboratory Science
  7. To award prizes, certificates, medallions or other recognition to members who by way of examination, peer nomination or public honour have excelled and/or achieved in the practice of Medical Laboratory Science
  8. To act in the best interests of the profession and to undertake or conduct the affairs of the profession considered necessary or beneficial to the Institute or its members.
Membership categories
- The following shall be eligible for election by the Council as members of the Institute:
  1. as Life Members - any member who Council considers has given outstanding service to the Institute and the profession of Medical Laboratory Science who notwithstanding anything to the contrary in these rules shall retain the privileges of his/her previous category of membership.
  2. as Fellows - any person who fulfils the requirements of the Council and the examining bodies or assessors approved by the Council for a higher qualification than that required for Membership.
  3. as Members - any person registered as a Medical Laboratory Scientist by the New Zealand Medical Laboratory Science Board.
  4. as Associates - any person who is not eligible for any other class of membership.
  5. as Students - any student enrolled in a third or fourth year Bachelor degree in Medical Laboratory Science in New Zealand.
  6. as Honorary Members - any person who is considered to have given outstanding service to the Institute or the profession.any other person whom the Council deems a fit and proper person may be admitted to any of the categories of membership.
Priviledges & obligations of Members
1. A Fellow may use the initials FNZIMLS and Members the initials MNZIMLS, but no other member may indicate membership of the Institute by the use of initials.
2. Every Fellow or Member when admitted shall be entitled to receive a Diploma in respect of his/her membership of the Institute.
3. Every Diploma and badge shall be issued under the seal of the Institute and shall be in such form as the Council may from time to time determine, and shall be the property of the Institute, and upon the Member ceasing to be a member shall be recoverable on demand.
4. The use of the terms Fellow (including FNZIMLS) or Member (including MNZIMLS) shall become void upon the lapse of financial membership of the NZIMLS.
Application for Membership
1. Application shall be made on the official form (either in writing or via the website) to the Executive Officer of the Institute and shall be considered at the next meeting of the Council. No person shall be admitted to membership unless his/her application is approved by the majority of members of the Council.
2. Each person admitted to membership of the Institute shall be advised in writing of his/her acceptance and issued with a copy of the Rules.
3. If an application for membership is rejected by the Council, the Secretary/Treasurer shall forthwith advise the applicant in writing and return all money paid. The Council shall not be bound to give any reason for the rejection of the application.
Cessation of Membership
- Membership of the Institute shall cease on the event of any of the following:
  1. Death
  2. If a member by notice in writing to the Secretary/Treasurer resigns from membership, provided that he/she shall continue to be liable for unpaid subscriptions and any other dues owing at the date of such notice.
  3. Any member who has elected subscription payment in one annual amount and whose subscriptions are unpaid after the expiration of three (3) calendar months from the date fixed for the payment of subscriptions shall cease to be a financial member of the Institute and shall cease to receive the publications and membership benefits of the Institute. If subscriptions remain unpaid after the expiration of a further six (6) calendar months, he/she shall be struck off the Roll by the Council provided that in absolute discretion of the Council such member's name may be returned to the Roll at any time upon payment of all arrears due by such member at the time of restoration.
  4. Any member who has elected subscription by direct credit and from whom no payment is received shall after a period of six (6) calendar months be struck off the Roll by the Council provided that in the absolute discretion of the Council such member's name may be returned to the Roll at any time upon payment of all arrears due by such member at the time of restoration.
  5. If in the opinion of Council, after investigation and report, the conduct of any member is harmful to the best interests of the Institute, the Council may by a two-thirds (2/3rds) majority at a meeting called for the purpose, at which such member personally or by his/her representative has been given the opportunity of being heard, resolve that the member be requested to resign his/her membership of the Institute.
Amendment to rules
1. The Rules of the Institute may be amended (whether by way of repeal, substitution or addition) by resolution of a General Meeting of the Institute. All such amendments must be notified by the Secretary/Treasurer in writing to each member of the Institute not less than sixty (60) days prior to the date fixed for the General Meeting.
2. Every such proposal shall be deemed to have been carried if the same shall have been approved and carried by two-thirds (2/3rds) majority of the votes cast by members.
Interpretation of rules
- If any difference of opinion arises as to the interpretation of the Rules, such difference(s) shall be referred to and decided by a two-thirds (2/3rds) majority vote of members at the next General Meeting of the Institute.
Annual & Special General Meetings
1. A General Meeting of members of the Institute shall be held at such times and places as the Council shall determine. Notice in writing of the time and place of such General Meetings shall be sent to each member of the Institute, either not less than twenty-eight (28) days before such meeting or if the Council in its discretion considers that urgent business makes it desirable for a shorter period before such meeting as the Council thinks fit and in the latter case the decision of the Council as to the shorter period of notice shall be final and binding on the members of the Institute.
2. All members and employees of the Institute shall have the right to attend and speak at meetings of the Institute, but only members defined by Rule 5, Clauses (a), (b), (c) and (d) hereof whose subscription is paid shall have the right to vote. Each member having the right to vote whether present in person or represented by proxy shall be entitled to one vote.
3. The annual General Meeting of the members of the Institute shall be held no later than the seventh (7th) day of September in each and every year, and at such meetings the Council of the Institute and other office bearers shall be elected for the ensuing year.
4. The Secretary/Treasurer, within fourteen (14) days of receipt of a requisition signed by at least ten per cent (10%) of the voting members of the Institute, specifying the reason for the requisition, shall forthwith call a Special General Meeting of the Institute to be held not earlier than twenty-one (21) days and not later than thirty-five (35) days after receipt of such a requisition, and if the Secretary/Treasurer shall fail within fourteen (14) days of receipt of such requisition to call the said Special General Meeting then the requisitioners shall be entitled to do so.
5. At any General Meeting of Members of the Institute thirty (30) voting members shall form a quorum.
Voting
1. Unless otherwise specified herein all matters discussed at any meeting of the Institute shall be decided by a majority of the voting members present, either in person or represented by proxy. Any voting member who may be unable to attend any meeting may give a written proxy to any other person being a member of the Institute to attend at such a meeting on his/her behalf to vote thereat and such written proxy shall be in the hands of the Secretary/Treasurer seven (7) days prior to the date fixed for the meeting at which such proxy is to be used.
2. Every vote shall be taken in the first instance by voices except in respect of such matters as may by these Rules be required to be decided by secret ballot.
3. After declaration by the Chairman on voices any voting member may demand a poll that shall be conducted in such manner and at such time and place as the Chairman of the meeting may decide and the result of the poll shall be deemed to be the decision of the meeting.
4. In a poll, any proxies lodged in accordance with these Rules shall be taken into account by the Chairman and/or his/her scrutineers.
5. The Chairman of any meeting shall have a deliberative as well as a casting vote.
Election of Officers
1. The Officers of the Institute shall consist of a President, a Vice President, a Secretary/Treasurer and five (5) ordinary members. These shall constitute the Council.
2. All members shall retire annually from office and shall be eligible for re-election.
3. No person, who is not a current financial Fellow, Member or Associate member of the Institute may be nominated for election or hold office.
4. The five (5) ordinary members of the Council shall be regionally nominated and balloted for, such ballot to be conducted with the annual Postal Ballot for the election of Officers.
5. One ordinary member of the Council shall represent each of the following regions:
  1. Region 1: The Northern portion of the North Island comprising the provincial areas of Northland and Auckland.
  2. Region 2: The Central portion of the North Island comprising the provincial areas of Waikato, Bay of Plenty and East Coast.
  3. Region 3: The Southern portion of the North Island comprising the provincial areas of Taranaki, Hawkes Bay, Wanganui, Manawatu, Wairarapa and Wellington.
  4. Region 4: The Northern portion of the South Island comprising the provincial areas of Nelson, Marlborough, Westland and Canterbury.
  5. Region 5: The Southern portion of the South Island comprising the provincial areas of Otago and Southland.
6. The Secretary/Treasurer shall send nomination forms for the election of Officers to all financial voting members of the Institute not later than sixty (60) days prior to the Annual General Meeting and shall include a list of Council members who are not seeking re-election to their current position. Nominations shall be returned to the Secretary/Treasurer not less than forty (40) days prior to such meeting.
7. The Officers of the Institute shall be elected by secret postal ballot. The ballot papers shall contain the names of all nominated candidates with clear and precise instructions as to the method of voting. The ballot papers shall be sent by post to all financial voting members of the Institute not later than twenty-one (21) days prior to the date of the Annual General Meeting and completed ballot papers shall be received by the secretary/treasurer not less than seven (7) days prior to such meeting. Ballot papers received after this date shall be void. The system to be employed for the election of Institute Officers shall be the 'first past the post' system conducted in accordance with Renton's Guide for Meetings and Organisations', 3rd Edition, paragraphs 1112 (Returning Officer), 1116, 1117 (voting), 1124, 1125, 1126, 1127 (counting).
8. If any vacancy shall occur in the Council of the Institute, such vacancy may be filled by Council, and any person so appointed shall hold office until the next Annual General Meeting of the members of the Institute.
9. The members in General Meeting, may approve changes the composition of the Council from time to time for the proper conduct of the profession’s affairs.
10. No election of officers shall be invalidated by reason of inadvertent failure to send to or non-receipt of nomination form or a ballot paper by a member.
Duties of Officers
1. The President shall preside at all meetings of the Institute and the Council, and in his/her absence the Vice President shall chair meetings. Should the President and the Vice President be absent at the commencement of any meeting those present shall elect one of their number to act as Chairman.
2. The Secretary/Treasurer shall convene all meetings in accordance with instructions from time to time given by the Council and in accordance with the Rules of the Institute. The Secretary/Treasurer shall attend all meetings and ensure that records of all proceedings are kept. The Secretary/Treasurer shall issue all notices of meetings and shall attend to all correspondence, and shall keep a Roll of Members and all Minute Books of the Institute. The Secretary/Treasurer shall also prepare the Annual Report and shall present it at the Annual General Meeting of members. With the consent of Council, the Secretary/Treasurer may delegate any or all of these duties to the Executive Officer.
3. The Secretary/Treasurer shall keep all necessary accounts and books to show the financial position of the Institute from time to time. The Secretary/Treasurer shall receive all monies on behalf of the Institute. The Secretary/Treasurer shall also prepare the Annual Balance Sheet and shall present it at the Annual General Meeting of members. With the consent of Council, the Secretary/Treasurer may delegate any or all of these duties to the Executive Officer.
4. The Annual Report together with the audited Balance Sheet shall be sent to all financial members at least fourteen (14) days before the Annual General Meeting.
Proceedings of the Council
1. The Council shall meet for the dispatch of business, adjourn or otherwise regulate its meetings as it considers fit. At Council Meetings five (5) shall constitute a quorum.
2. The Secretary/Treasurer shall convene a meeting of the Council at the request of any member of the Council.
3. Questions arising at any meeting shall be decided by a majority of votes, and in case of an equality of votes the Chairman shall have a second or casting vote.
4. Council may from time to time request the attendance of other members or non-members of the profession (eg. editor, executive officer) at Council meetings. Such persons are not eligible to vote on matters of Council business.
5. Any member of the Council who is unable to attend any meeting may appoint in writing any member of the Institute who is qualified to vote as his/her proxy.
Council & committees
1. The Council of the Institute shall have power to do all things and to act in all matters for and on behalf of the Institute.
2. A General Meeting of members of the Council may appoint a special committee or sub-committee of members of the Institute for any special purpose. The committees and sub-committees of the Institute shall meet together from time to time for the dispatch of business at such time and in such places as the members of each committee may mutually agree or as the committee itself may be directed by the Council of the Institute.
3. Without prejudice to the general powers of the Council the Institute shall have the following powers which shall be exercised by the Council on its behalf, viz:
  1. From time to time to invest or apply any funds of the Institute in the purchase of or at interest upon the security of any stocks, funds, shares, securities or other investments of whatsoever nature and wheresoever situated including the purchase or taking on lease of land or land and buildings whether required for the purposes of the Institute or not and whether involving liability or not and to sell any such investment and to re-invest or re-apply the proceeds of sale or realisation.
  2. To borrow money upon such terms and at such rates of interest and upon such security or without security as the Council may from time to time think fit.
  3. To manage, let, sell, and hold, mortgage or otherwise deal with the assets of the Institute as the Council thinks fit.
  4. To enter into all such negotiations or agreements in the name and on behalf of the Institute as it may consider expedient for the purpose of the Institute.
  5. To provide a Common Seal for the Institute which shall remain in the custody of the Secretary/Treasurer and shall be affixed to all deeds, documents, instruments and assurances as may be necessary, provided that the Seal of the Institute shall not be affixed to any such instrument except in pursuance of a resolution of the Council and in the presence of three (3) members of the Council.
  6. To appoint an editor or editors who shall be responsible for the publication of a journal.
  7. To make and administer awards to members of the Institute.
  8. To enter into employment contracts to assist with the day to day running of the Institute.
Validation of the Acts of Council
- No act or proceeding of the Council or any person acting as a member of the Council shall be invalidated because of a vacancy in the membership of the Council at the time of the act or proceeding, or because of the subsequent discovery that there was some defect in the appointment of any person so acting, or that he was incapable of acting as or being such a member.
Auditor
- There shall be an independent Auditor of the Accounts of the Institute. The auditor shall retire annually from office but shall be eligible for re-election. The Auditor shall examine the books and accounts of the Institute and shall verify and certify the Annual Balance Sheet and Accounts of the Institute.
Subscriptions & levies
1. The rates of subscription for the various classes of member shall be such amounts as may from time to time be fixed by the Institute in General Meeting provided that no alteration of such rates shall be made unless not less than sixty (60) days notice in writing of such proposed alteration shall have been sent to each member prior to such meeting and the proposed alteration is approved by two-thirds (2/3rds) of those present personally or by proxy at such meeting. Any such alteration shall take effect from 1st April following approval of such proposed alteration.
2. Membership subscriptions may be paid in either one annual amount or by direct credit in equal amounts at regular intervals by automatic payment either from a bank account or salary deduction. Alternative methods of payment must be discussed with the Executive Officer of the NZIMLS.
3. The weekly amount payable shall be 1/52 of the appropriate annual rate of subscription.
4. Council may alter the financial year for Institute Membership from time to time.
5. Subscriptions for new and reinstated members elected up to six (6) months after the date of renewal and who elect subscription payment in one annual amount shall be at the annual rate. Subscriptions for new or reinstated members elected after six (6) months of the financial year has lapsed and who elect subscription payment in one annual amount, shall be invoiced at one-half of the annual rate. Members shall be deemed financial for the current year on payment of the subscription.
6. Members electing subscription payment by direct credit shall be deemed financial for the current year up to the period covered by the paid subscription and a further period equal to one calendar month after the date of receipt of the last payment.
7. In the event of the income from subscriptions and other sources being insufficient to meet the expenditure of the Institute a levy as agreed upon at any General Meeting of the Institute may be made.
Accounts
- The Secretary/Treasurer shall deposit all monies received in the Bank of the Institute as promptly after receipt thereof as circumstances may permit, and the account of the Institute at such Bank shall be operated upon by such signatories and otherwise in such manner as the Council of the Institute may from time to time determine. With the consent of Council the Secretary/Treasurer may delegate any or all of these duties to the Executive Officer.
Editor
1. The Editor, who shall be responsible to the Council, may attend Council Meetings and may be appointed a member and/or convenor of a Council or NZIMLS committee.
2. Prior to appointment the Council shall determine the duties and powers of the Editor but may alter these as it sees fit.
Executive officer
1. The Executive Officer shall attend all formal meetings of the Institute and all meetings of Council and shall record all proceedings.
2. The Executive Office shall undertake any other duties as may be determined by Council. These duties may be altered by mutual agreement.
Bylaws & regulations
1. The members in General Meeting may by way of majority decision resolve to make, amend or rescind bylaws and regulations for the purposes of establishing policy and rules of conduct. The Secretary/Treasurer shall call every such General Meeting by sending notice in writing of such proposal to each member of the Institute at his/her last known address not less than sixty (60) days prior to the date fixed for such meeting.
2. Every three (3) years bylaws and regulations so established shall be placed before the members for reaffirmation, amendment or rescission, as the majority of the votes cast by the members shall decide.
Dissolution
1. The Institute may only be wound-up in accordance with the terms and conditions of the Incorporated Societies Act 1908 and subsequent amendments.
2. Any resolution to wind-up the Institute shall be decided at a General Meeting duly notified and called for in the terms of these rules, and such a resolution shall require a bare majority of those members present and financial at the commencement of the meeting.
3. On the winding-up of the Institute or its dissolution by the Registrar of Incorporated Societies, the real property and all other assets, funds, investments and other possessions of the Institute shall be realised for cash as soon as reasonably possible after the winding-up or dissolution. If there shall remain after due settlement of just debts and liabilities any properties whatsoever whether real or personal, and/or monies, the same shall be paid to such registered trust as the meeting may determine.
4. In the event of winding-up or dissolution no member shall be liable for any more than his/her current outstanding subscription of any arrears or levy.
Indemnity to Council
- The members of the Institute jointly undertake that they will from time to time during their membership indemnify and keep harmless and indemnified each and every member for the time being of the Council in respect of all acts, deeds and things done or accomplished by each and every member of Council pursuant to a resolution of the Council and without limiting the scope of such indemnity each member for the time being of the Council shall be fully indemnified and kept harmless in respect of all claims for damages, penalties, costs or expenses made against him or incurred for having acted as aforesaid. PROVIDED HOWEVER that no member of the Institute shall be liable to pay or contribute hereinunder any sum greater than his/her aliquot proportion of the total indemnity which proportion shall be ascertained by dividing the total indemnity claimed by the number of members of the Institute at the time of the happening of the event giving rise to such indemnity.
Remuneration of Council
- Members of Council, Editor and other such persons as the Annual General Meeting may determine, shall be remunerated for Council and related services for the past year in a sum to be voted by the members present at the Annual General Meeting.
Special interest groups
- Council may promote the formation of Special Interest Groups (SIG) of the NZIMLS to provide support for the specialist disciplines of the profession. The rules governing the activities of the SIG’s are set by Council and are available from the Executive Officer of the NZIMLS. In addition the following shall apply:
  1. As part of the normal activities of the SIG’s, Council may approve meetings for the purposes of the provision of Continuing Education for the profession.
  2. Activities of the SIG’s shall in no way bring the Institute into disrepute either through the actions of its Officers or persons acting on behalf of a SIG.
  3. The SIG’s are accountable to Council via the SIG convenor.
  4. Council may limit or restrict the activities of the SIG’s according to guidelines provided for their operation.
  5. No person shall hold office of a SIG unless he/she is a current financial member of the NZIMLS.
Board of examiners
- To ensure the continued provision of examinations for the profession the NZIMLS may establish a Board of Examiners. The Board shall consist of a chair and two others deemed by Council to have appropriate qualifications and experience in the profession. Appointment to and rules governing the activities of the Board of Examiners are set by Council. The role of the Board of Examiners shall be to:
  1. Administer NZIMLS examinations in accordance with the directions of Council.
  2. Meet to conduct business as required or directed by Council.
  3. Report and provide documentation to Council about progress and arrangements for annual examinations as requested by Council.
  4. Oversee the release of all examinations results.
  5. Conduct investigations and settle any dispute between the NZIMLS and those undertaking Institute examinations.

Map of the five NZIMLS Regions of New Zealand

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