Thanks for the input from everyone. Below is the final response I will send off tomorrow. If anyone has any quick short corrections let me know quickly otherwise it will go as is.

The board of SRNZ has considered the discussion paper and we comment on the following paragraphs as they are numbered in the document:

1.13 We believe that not only is there a need for a new constitution and for by-laws or rules regulating the sport committees and their terms of reference if they were not to form part of the constitution.

1.14 We thought the last two date panels may be able to be brought forward so the wind up of member sports could be brought forward to June 2010 but we understand other sports organisations may have own issues.

3.2 We would not support a proposal that “SSNZ will lead from the top rather than a “bottom up” approach as currently exists”. Our concerns are these:

1. SSNZ states it is a service organisation with its guiding principle to help member sports by providing a wide range of support services.

2. The board and staff of SSNZ have little knowledge of the needs and requirements of Alpine ski racing. Those involved in the sport are best placed to determine what should be done.

3. From past experience our board has strong reservations about the management and governance of SSNZ to look after the interests of Alpine.

3.4 (c) We are unsure of what is meant by “private operators” but we would add ski areas, equipment and service providers to the list of people we should consider working in partnership with.

4.8 It is important for parent(s) of athletes under 18 to be members so they bound by rules and so believe this is the best option. Each parent of a member under 18 becomes a member of SSNZ and has the right to vote as their representative. We would not support the 4.9 option.

4.10 Agree that there may be recreational and competitive members. There should be a basic member fee that applies to all and then competitors would also pay a competition/race license fee set by their respective sports. It is recognised that there could be various categories of membership including it has been suggested a supporters membership.

4.14 While we believe that clubs should become members, consideration needs to be given regarding club’s voting rights as the intention is that individuals that are members of clubs will be individual voting members of SSNZ and so the club’s view would already be represented through their members.

4.16 As a matter of clarification we understand the reference to “wholesalers and retailers” to be equipment and service providers that operate in the industry.

4.20 We believe that the membership fee should be the same for all members and we would not support option B which is a variable fee depending on the sport. The competition/race license fee can vary according to sport. The membership fee provides an entitlement to vote. One questions whether those actively competing in a sport should have a greater say in the direction of the sport than those that are recreational. Some clubs provide that active members have a right to vote non- active members do not.

5.3 (a) We consider the employment of important positions such as the Chief Executive should be done in consultation with the Sports Committees.

(b) We agree that the SSNZ board should have the authority to define delegations to the CEO but not to the member sports. There should be by-laws or terms of reference rules relating to the sport committees which are decided by the members. The rules regulating the rights, powers responsibilities and security of sports committees need to be protected and not left to the pleasure of the board of SSNZ or there is nothing to prevent SSNZ board effectively making the sports committees redundant.

(d) OK but only in consultation with and agreement of the sports committees.

(f) Selection regulations and selection criteria should be the responsibility of the sports committees who best understand their sport. Branding and sponsorship regulations, antidoping regulations, judicial regulations need to be agreed by Sport Committees and their status protected and not simply left to the whim of the SSNZ board. Each sport for instance will be able to attract sport specific sponsors which provide income for that sport and their ability to do so should not be unreasonably limited save for situations such as conflicts with existing sponsors.

(j) OK but only upon recommendation of the relevant sport committee.

(k) Ok but again on consultation with the relevant sport committee.

5.4 We consider there should be 3 appointed board members and 4 elected board members. While we recognise a benefit of having appointed board members we believe that the members must have more influence than an appointment committee of three. It should not be presumed that members are less able of choosing good board members.

5.5 Each board member has a term of 3 years but should there be a maximum number of terms for board members to ensure fresh blood etc.

5.7 There is no paragraph 5.6b it is presumed the reference is to 5.7b.

5.11 We probably think it is best for the appointed board members to be determined first and then the appointments committee can also recommend candidates for the subsequent election. The appointments committee will advertise but also calls for candidates should also be widely notified and made well in advance of the AGM. In our constitution we have calls for nominations 90 days in advance of AGM and nomination to be received 40 days prior to AGM together with Bio of candidate so they can be sent out with the Notice of the AGM so members are informed about the candidates standing.

6.1 We do not agree with a top down structure approach.

6.2 Add to the role and functions oversee/monitor performance/direct work of the sports committee “director”, find sponsors, govern the sport generally. It is also important for committee members where possible to attend events for that sport, attend meetings of clubs and groups of athletes, coaches and other interested groups and bodies relating to that sport.

6.3 A. We believe there should be a chairman elected by the sports committee as is the usual practice and the employee is an ex officio member of the sport Committee. As in all such organisations the employee and chairman work closely together. It is important for the committee to oversee the employee as they are best positioned to monitor how he is performing within that sport.

6.4 Terms of office voting etc should be set out in a similar way as to what we currently have in the SRNZ constitution. All these rules together with terms of reference etc should be set in by-laws that can be changed by members vote, say by 2/3s majority in order to safeguard position of sport committees and sport members right to have say in direction of their sport.

6.5 We believe the term of office for sport committee members should be three not two years. This is consistent with what our members have chosen in Alpine and it works well. We also believe that there should be a maximum of two terms consistent with our view of the board member terms which will ensure fresh ideas and energy.

7.2 A. Yes but the HPAC must work in consultation and agreement with the relevant sport committees.

D. Yes but composition should be done in consultation with the relevant sport committee.

7.3 The rules specifying composition, powers, functions and procedures etc of sport committees need to be agreed in advance and protected from change except by say a 2/3’s majority of vote of members or of members belonging to the relevant sport committee.

8.1 C. Including removal of sport committee members.

D. Including rules applicable to sport committees.

8.3 Voting entitlement. Of the two options the first option of one member one vote is the most equitable and simple system.

8.4 Should a person want to be a member of two or more sports then he would have to pay a membership fee for each sport. For instance if the membership fee was $10 and he wanted to be a member of two sports he would have to pay $20.

8.9 We believe it is better to set a number rather than a percentage for the quorum based on experience of one of our directors who has extensive experience as a company director.

9.1 The proposal to transition to the new board described on pages 14 to 15 is complicated. A simpler, and in our view better, alternative is that at the AGM the new Constitution is adopted. The existing board remain as the transitionary board for up to 45 days to allow individual members to register online and allow the appointments panel to be convened. The appointments panel will within 45 days of the AGM appoint the 3 appointed board members and they will specify when their terms expire. Also between 40 and 45 days of the AGM members will be asked to vote for the 4 elected members and shall also specify when their terms expire. The two members of the previous board due to retire do so and if eligible for reelection can stand for reelection. The remaining three existing board members can stand for reelection and others may also stand for election to the new board. Voting could be done by post or other agreed method.

We will be happy to speak to this further at the forum.

Cheers,

Tony Oxnevad

O X N E V A D
Barrister & Solicitor
P.O. Box 722, Queenstown 9348, New Zealand
Telephone: +64 (3) 441 1199
Facsimile: +64 (3) 441 1123
Mobile: +64 (21) 44 11 88
Email: tony@oxnevad.com

This e-mail together with any attachments is confidential and may be legally privileged.
If you are not the intended recipient:
(1) Please do not copy, disclose or use the e-mail and any attachments in any way.
(2) Please inform me immediately by return e-mail and delete this e-mail and any attachments.