Alternative Constitution

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This page is a draft and is still being worked on to make it published. It is recommended to discuss all changes and comments on the discussion page.

In order to contest the Botany by-election in March 2011, we need some sort of constitution in force. Since this is not far away, we have elected to use a very basic constitution to begin with, and amend it later when the need arises.

This page is for the constitution as we want it to be after we amend it. The Constitution page is the page for the basic constitution which we ratified in January 2011.

Contents

Article 1: Name, Principles and Constitution

  1. The name of the Party will be “The Pirate Party of New Zealand”, which may be abbreviated "PPNZ".
  2. The principles of the Party are fundamental to the purpose of the party.
  3. All party documents, members and policies are subject and subordinate to this constitution.

Article 2: Principles

The Pirate Party of New Zealand strives to achieve the freedom of culture, the protection of civil liberties and inalienable rights of the nation’s citizens and to protect the freedoms of the newly evolving global information society. It is these values that the Party seeks to have embedded within the laws and institutions of New Zealand.

The growing surveillance of the citizen offends the very notions of a liberal and open democracy. Overbearing and restrictive private monopolies constructed via regimes of antiquated, unfair and unbalanced laws which prevent the free development of culture and ideas, and are detrimental to financial economic and cultural outcomes for the citizens of New Zealand. Changing these laws, and ensuring the protection of these values are the goals of the Party.

Founded on the same principles as other International Pirate Parties, the Party is part of a global movement against increasingly draconian copyright and patent laws, and the erosion of the right to privacy. The basic tenets of this movement are Free Culture, Civil Liberty and Intellectual Rights Reform.

The Party seeks to provide representation for the emergent information society, to guard the civil liberties of the citizen by utilizing this power to further the party agenda, and as such intends to contest Elections in the governing bodies of New Zealand. An elected representative of the party must not vote for or compromise on any legislation that impinges on or compromises the rights stated here in this constitution.

Objectives of the Party also include:

  • To construct, advocate and implement policies in accordance with the principles stated within this constitution; and
  • To generally educate and bring awareness to the issues that are stated within this constitution; and
  • To educate and encourage other political entities to adopt our objectives.

The Pirate Party of New Zealand firmly holds belief in democracy, and rejects any use of force, intimidation or physical violence as the means to achieving political goals.

We vehemently reject any and all forms of political or public corruption.

Article 3: Administration of the Party

  1. Administration of the Party will be carried out by the Executive Council.
  2. The Executive Council will make decisions by resolution.
    1. An ordinary resolution of the Executive Council will be made by simple majority of members voting.
    2. A special resolution of the Executive Council will be made by two-thirds majority of members voting.
  3. The Executive Council may, by ordinary resolution, create any such subordinate bodies as it sees fit.
    1. The Executive Council may, by special resolution, delegate to a subordinate body any power that the Executive Council has.
    2. The Executive Council may, by ordinary resolution, direct a subordinate body to consider any matter.
    3. The Executive Council may, by special resolution, overrule any decision of a subordinate body if the Executive Council deems that decision to be inconsistent with a decision of the Executive Council or the principles of the Party.

Article 4: The Executive Council

  1. The Executive Council will be comprised of those persons elected by all voting members of the Party for a period of no more than twelve months.
  2. Election
    1. A person is elected to the Executive Council as an Officer or a Council Member.
      1. An Officer will be one of the President, the Vice President, the Secretary and the Treasurer.
    2. Those members who are nominated for a position on the Executive Council must consent in writing to their nomination.
    3. No more than one officer position may be filled by one member of the Executive Council with the exception that the Secretary and Treasurer position may be filled by the same person. Under no circumstances shall one person hold more than a single vote on the Executive Council.
    4. In the event a member of the Executive Council is unable or unwilling to perform their duties, the remaining members of the Executive Council may declare the position vacant and appoint an interim replacement by two-thirds majority vote of the remaining members of the Executive Council. As soon as possible, the members will elect a Member to fill that vacant position.
    5. The method for voting will be optional preferential voting.
    6. Each voting member is only entitled to vote once in each election.
  3. Officers
    1. Each Officer has a number of duties and responsibilities that must be performed.
    2. The President must:
      1. lead the Party; and
      2. chair meetings of the Executive Council.
    3. The Deputy President must:
      1. assist the President with their duties; and
      2. if the President is unable (on a temporary basis) to fulfil their duties, act in the place of the President.
    4. The Party Secretary must:
      1. provide notice in advance to members of all official meetings;
      2. prepare schedules, agenda, and correspondence from members for submission to the meeting, and record attendance of persons present, and arrange for minutes or logs to be recorded;
      3. co-ordinate official correspondence of the Executive Council;
      4. maintain the party register, in accordance with the Electoral Act 1993; and
      5. maintain custody of all documents, statements and records of the Party, and except for those documents that are otherwise accounted for in this constitution, by other officers.
    5. The Deputy Party Secretary must:
      1. assist the Party Secretary with their duties; and
      2. if the Party Secretary is unable (on a temporary basis) to fulfil their duties, act in the place of the Party Secretary.
    6. The Treasurer must:
      1. be responsible for the receipt of all monies paid to the Party, the issuing of all receipts and the deposit of such monies into accounts determined by the Executive Council;
      2. develop and ensure that security and accountability measures for all receipts and payments are followed;
      3. submit an Annual Financial Report to the Party, detailing balance sheets, financial statements and relevant particulars;
      4. maintain adequate controls over Party finances and all financial records, documents, securities ensuring smooth transition when position is transferred; and
      5. ensure that all book keeping is conducted by an appropriately skilled person, and all documents conform to relevant rules.
    7. The Deputy Treasurer must:
      1. assist the Treasurer with their duties; and
      2. if the Treasurer is unable (on a temporary basis) to fulfil their duties, act in the place of the Treasurer.
    8. The Party Agent must be elected to fulfil the requirements of the Electoral Act 1993.
      1. Up to five candidates for the position of Party Agent may be nominated and voted upon by the members. Each candidate that attracts at least 10% of the votes cast for Party Agent by the Members will then be presented to the Executive Council for consideration. The Executive Council will then, by special resolution, select one of those presented candidates as the Party Agent.

Article 5: Membership

  1. Full Membership
    1. Full membership is open to all persons registered to vote in the New Zealand general elections who:
      1. have read and agreed to the Constitution of the Party; and
      2. have paid any annual membership fee set by the Executive Council.
    2. All full members are entitled to:
      1. be elected into any position within the party;
      2. stand as a candidate in any election within the party;
      3. communicate and submit policy amendment proposals and constitutional amendment proposals;
      4. participate in policy and issue discussion and be involved in the decision making process;
      5. participate in any bodies of the Party;
      6. vote in any poll held by the Party; and
      7. resign their membership in the Party.
  2. Additional Categories of Membership
    1. Additional categories of membership may be created by an ordinary resolution of all voting members.
  3. Executive Council Powers
    1. The Executive Council may, by special resolution, adopt rules to prevent improper recruitment of new members into the Party or improper renewal of memberships.
    2. The Executive Council may, by special resolution, refuse to accept an application for membership by any person on the grounds that membership of the person would be prejudicial to the interests of the Party.
    3. The Executive Council may, by special resolution, suspend or expel any member if that member's membership or actions be prejudicial to the interests of the Party.
    4. On the exercise of the powers of refusal, suspension or expulsion, the Executive Council must provide a written statement to the applicant or member of the reasons for their refusal, suspension or expulsion. This statement will be made available to all members, unless the applicant or member requests otherwise.
    5. The Executive Council may, by ordinary resolution, declare that a full member's membership has lapsed if the member fails to pay their annual membership fee for more than two consecutive years.
      1. The Executive Council will give 30 days written notice to the last known postal or email address of the member before declaring that membership to have lapsed.
      2. A lapsed membership may be reactivated by that member paying all outstanding membership fees.

Article 6: Policy Decisions

  1. The ordinary procedure for making a policy decision is that decisions will be made with the maximum possible interaction of all party members, and attempts should be made to make decisions through consensus.
    1. Where it is impossible to form a consensus, a resolution to adopt policy will require at least a two thirds majority of all voting members.
  2. Where a decision about policy needs to be made urgently, and it is impossible to use the ordinary procedure for making policy decisions, the Executive Council may, by ordinary resolution, make an interim decision.
    1. The Executive Council will, as soon as possible, use the ordinary procedure for making a policy decision on that matter, notwithstanding the interim decision.
  3. Any person may propose that the Party adopt new policy if that policy is in line with the principles of the Party.
  4. If a petition to change decided policy which is supported by at least 15% of voting members is presented to the Executive Council, the Executive Council will use the ordinary procedure to review that matter.
  5. The Executive Council will record and publish all policy decisions.

Article 7: Meeting Procedure and Requirements

  1. Meetings should be structured so as to allow all members to participate, and have their opinions acknowledged.
  2. All members should be notified at least 2 days in advance of any official meeting of the Executive Council and at least two weeks in advance of the National Congress, and of the intended agenda of such meetings.
  3. Consensus should be the focus of any proposal or decision at a meeting- however where consensus cannot be achieved, a two-thirds majority will be sufficient to carry forward a proposal.
  4. Where there is disagreement, or members indicate that a delay in voting is required, sufficient time should be given for discussion before any voting begins.
  5. Meetings are only open to members unless a majority of the members present permit specified non-members to observe the meeting.
  6. The method of voting is to be determined by the meeting facilitator and the medium by which the meeting occurs.
  7. The minutes of a meeting should be distributed to the Members within seven days of the meeting. The Executive Council may specify procedures for the collection and dissemination of such minutes.
  8. The Executive Council may specify additional meetings procedures.
  9. National Congress
    1. The Executive Council will organise the National Congress.
    2. The Party will hold a National Congress within 12 months of its previous National Congress.
    3. If at least 25% of the members petition the Executive Council in writing expressing their lack of confidence in the Executive Council, the Executive Council shall organise an emergency National Congress of the Members within thirty (30) days.
  10. Pre-Selection of Candidates for Election to Parliament
    1. All Members seeking to stand as candidates for election to Parliament must be nominated at the National Congress and seconded by another member.
    2. The Executive Council will determine whether all members (or a geographical sub-set of members) will vote to select candidates for election to Parliament.
    3. All members seeking to stand as candidates must submit to the National Congress a detailed and truthful statement as to their suitability for election.
    4. The Executive Council may establish procedures for the vetting of candidates backgrounds and must publish these procedures to the Membership.
    5. As far as is practicable, candidates should be selected at least twelve (12) months before the normal time of the next election.

Please refer to Party election guide and Candidate guide Or read the entire website if you can find the time!

Article 8: Financial Structure

  1. Property
    1. All property and resources of the Party are to be used solely for the purposes of promoting and achieving the principles and goals stated within this constitution.
  2. All Members, upon request to the Executive Council, may have access to the latest financial reports of the Party.
  3. All bank accounts of the Party will:
    1. be held separately from those of its members;
    2. require more than one signatory for the disbursement of funds; and
    3. include the wording "Pirate Party of New Zealand" in their title.
  4. All accounts of the Party will be audited annually and the auditor’s report published to the members at the National Congress.

Article 9: Amendments to the Constitution

  1. A resolution to amend the Constitution requires at least a two-thirds majority of all voting members, with a requirement that 25% of members vote.
  2. A resolution to amend the Constitution must be notified to all members at least 28 days before any vote occurs.
  3. Where an amendment to the Constitution needs to be made urgently, and it is impossible to use the ordinary procedure for making an amendment to the Constitution, the Executive Council may, by special resolution, make an interim amendment.
    1. The Executive Council will, as soon as possible, use the ordinary procedure for making such an amendment to the Constitution, notwithstanding the interim amendment.

Article 10: Dispute Resolution Committee

  1. The Dispute Resolution Committee will be comprised of three persons elected by all voting members of the Party for a period of no more than twelve months.
  2. Election
    1. Those members that nominate themselves, or are nominated, to the Dispute Resolution Committee must consent in writing to their nomination.
    2. No person may be a member of the Dispute Resolution Committee and be an Officer of the Executive Council simultaneously.
    3. In the event a member of the Dispute Resolution Committee is unable or unwilling to perform their duties, the remaining members of the Dispute Resolution Committee may declare the position vacant and appoint an interim replacement by agreement between themselves. As soon as possible, the members will elect a member to fill that vacant position.
    4. The method for voting will be optional preferential voting.
    5. Each voting member is only entitled to vote once in each election.
  3. If there is a dispute and the parties to that dispute are unable to resolve that dispute in good faith, any party may apply to the Dispute Resolution Committee to resolve the dispute.
  4. The Dispute Resolution Committee may consider any dispute relating to:
    1. the Party;
    2. compliance with, or interpretation of, the Constitution;
    3. the rights or obligations of any member or body of the Party;
    4. any other matter that is necessary for the operation of the Party.
  5. The Dispute Resolution Committee must:
    1. comply with rules of procedural fairness;
    2. conduct its proceedings as expeditiously as possible;
    3. avoid any actual or apparent bias in making a decision; and
    4. make public its decision by writing to the Executive Council.
  6. The Executive Council must:
    1. publish and make available to members the result of such a determination; and
    2. as expeditiously as possible implement the determinations of the Dispute Resolution Committee.

Article 11: Dissolution

  1. The Party may only be dissolved by a postal ballot - where more than two thirds of members elect to dissolve, and not less than half of current Full Members participate in that ballot. Members will be given at least three months advance notice of this proposal to disband.
  2. Dissolution is effective within 30 days of the results of the ballot being formally announced, or whatever date that ballot may specify.
  3. If, after the election to dissolve, all liabilities and debts have been satisfied, and remaining costs and fees with regards to the dissolution have been accounted for, there remains property belonging to the Party, that remainder shall be distributed to any organisation with similar goals and principles as set out in this constitution.
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