Canterbury Golf Incorporated Constitution
To view the constitution of Canterbury Golf Incorporated please click attachment alongside:
CGI Code of Conduct
1. INTRODUCTION
This Code of Conduct shall apply to all competitions. This Code of Conduct is in addition to any other requirements expected of players as laid out in the tournament conditions, local rules or bylaws of hosting clubs and is to be read contemporaneously with The Rules of Canterbury Golf Incorporated
2. CODE OF CONDUCT COMMISSIONERS
(a) Prior to 1 August each year the management committee of Canterbury Golf Incorporated shall appoint no less than three independent Code of Conduct Commissioners pursuant to Rule 38.3 of the Rules of Canterbury Golf Incorporated (as attached in appendix 2).
(b) For the purposes of nominating and approving the Code of Conduct Commissioners the Management Committee will pay regard to the need for such Commissioners to conduct enquiries into alleged breaches of the Code of Conduct in a quasi judicial manner in accordance with the rules of natural justice; and for Commissioners to have an adequate understanding of the rules of golf; and that it is in the best interests of Canterbury Golf to dispose of alleged breaches of the code in a fair and timely fashion.
(c) The Management Committee will appoint a Convenor of the Code of Conduct Commissioners.
(d) The Code of Conduct Commissioners shall preside over and pass judgement on disciplinary matters or breaches of the Code of Conduct of Canterbury Golf.
(e) If the position of Convenor becomes vacant or the Convenor is unavailable at any time then a person nominated by the Management Committee shall take the place of the Convenor for the specific time or purpose fixed by the Chairman of the Management Committee.
(f) Any member of the Code of Conduct Commissioners who has a conflict of interest in any matter before the Commissioners must declare that interest prior to participation in the hearing. A replacement Commissioner will be appointed by the Management Committee as required.
(g) Canterbury Golf Incorporated shall be responsible for maintaining a register of all reports, appeals and decisions taken.
(h) Canterbury Golf Incorporated shall be responsible for and circulating these decisions to members when applicable.
3. DEFINITIONS
In this Code of Conduct policy:
• ‘Association’s District’ has the same meaning as in the Rules of Canterbury Golf Incorporated;
• ‘Board’ means the Board of Canterbury Golf Incorporated;
• ‘Canterbury Golf’ means Canterbury Golf Incorporated;
• ‘Club’ has means a golf club in the Association’s District;
• Code of Conduct Commissioners shall preside over and pass judgement on disciplinary matters or breaches of conduct within the terms of this Code of Conduct.
• ‘Committee’ means the Management Committee of Canterbury Golf Incorporated;
• ‘Competitor’ means a person who participates as a player in any golfing event or activity of, or sanctioned by, the International Golf Federation, New Zealand Golf, Canterbury Golf Incorporated or any affiliate of those bodies or is a member of an affiliated club or team who:
(i) is a New Zealand citizen; or
(ii) is present in New Zealand; or
(iii) is competing in New Zealand.
• ‘Financial penalties’ means the withholding of grants, expenses, including reimbursement of expenses, and other benefits such as equipment;
• ‘General Manager’ has the same meaning as in the Rules of Canterbury Golf Incorporated;
• ‘Individual Member’ means a member of a Member Club
• ‘Member Club’ means a Club admitted to membership pursuant to Rule 7 and Rule 8 of Canterbury Golf Incorporated.
• ‘Official’ means a Board member, District Association administrator, manager, coach, referee, caddie or any other person contributing to or associated with golf in any formal capacity other than only as a competitor or only in the course of business;
• ‘Participant’ means any Competitor or Official.
4. JURISDICTION
The Code of Conduct Commissioners shall enquire into the conduct of any Individual Member who conducts themselves in such a way as to be injurious to the good name of the Association or brings the game of golf into disrepute.
The Code of Conduct Commissioners shall have the power and authority:
(a) To hear and determine complaints out of or relating to programmes, events or activities conducted by Canterbury Golf or attended by teams or individuals representing Canterbury Golf.
(b) With the leave of the Board and Management Committee of Canterbury Golf, to act in matters of conduct when requested to do so by any Member Club by way of appeal from any decision or ruling made by that Member Club or delegate of a Member Club.
(c) Without deviating from the broad general scope of the jurisdiction conferred, matters of conduct likely to reflect unfavorably on the game include:
(i) dishonesty, including cheating in the course of any event;
(ii) unsportsmanlike conduct and unnecessary gamesmanship;
(iii) breach of codes of conduct applicable to participants;
(iv) abuse of officials;
(v) physical violence and threatening behavior;
(vi) criminal conduct;
(vii) failure to comply with any penalty imposed under these rules;
(viii) those matters particularly specified in Appendix I hereto.
(d) For the avoidance of doubt, all matters relating to doping will not be dealt with by the Code of Conduct Commissioners under this policy but rather will be dealt with in accordance with the anti-doping policy of Drug Free New Zealand (website for further information http://nzsda.co.nz).
5. PROCEDURE
The Code of Conduct Commissioners shall develop such procedures for hearing and determining discipline issues as it sees fit.
(a) Complaints
Complaints are to be made in writing in the first instance to the General Manager, within 72 hours following the matter occurring. If the matter occurred on any day other than a normal working day (Monday to Friday), or outside the normal working day hours (8.30am to 5pm), then the 72 hour timeline shall start from 8.30am on the nearest working day following the incident.
Complaints in writing may be made by any person including a Board member, Committee member, CGI Official, officers of District Associations, clubs and members of the public.
On receipt of any complaint the General Manager will refer the matter to the Convenor of the Code of Conduct Commissioners:
(i) If the matter is of a minor nature, the Code of Conduct Commissioners may dismiss the complaint or deal with it by way of warning or reprimand, whereupon the matter will be closed;
(ii) Otherwise the Code of Conduct Commissioners will carry out a preliminary investigation and gather all the facts of the complaint. These may include interviewing the accused player and getting a written report from the accused player. The Code of Conduct Commissioners shall gather all the facts and evidence as is reasonably available and within five days from the receipt of the Complaint Notice having been received.
(b) Hearings
Notice of any hearing of the Code of Conduct Commissioners shall be given, in the case of a complaint, to the person or persons the subject of the complaint and the complainant; and in the case of an appeal, to the persons affected by the appeal and the appellant.
The notice shall specify the date, time and place fixed for the hearing and shall be accompanied by such material as will give the person to whom it is sent adequate notice of the subject matter of the hearing.
The hearing date shall be fixed no earlier than three (3) working days from the date the notice is dispatched. The period of notice may be waived by any person affected.
The notice shall advise parties to whom it is sent whether the hearing is to be conducted on written submissions or whether the parties are to be entitled to appear in person or by representatives to give oral evidence. The hearings will be in private with only the accused player and his or her representative, the Code of Conduct Commissioners and any management committee member of Canterbury Golf Incorporated present.
The procedure for the hearing will be determined by the Code of Conduct Commissioners but it is expected that both or either parties may attend with appropriate support or representation.
6. PENALTIES
Code of Conduct Commissioners shall properly take into account the imposition of any penalty already imposed from previous hearings but in any event any penalty imposed by the Independent Commissioners shall, at the discretion of the Independent Commissioners, be enforced and carried out by all Members, Clubs and teams involved in an event under the control of Canterbury Golf or representing Canterbury Golf.
The composition of any team or development squad selected shall not be a matter of discipline. The composition of any such team or development squad shall be a discretionary matter entirely for the relevant selection committee and the General Manager. There shall be no power for an Independent Commissioner to enquire into or rule on the composition of any such squad.
(a) If a complaint is upheld by the Commissioners, it shall give its decision in writing to Canterbury Golf within five working days, with reasons, and it shall have the power to impose on the Participant one or more of the following penalties:
Competitors:
• A letter of warning or a letter of censure;
• Removal from a team;
• Removal of benefits from a development team;
• Disqualification of eligibility for a team;
• Suspension from participation in national and/or district and/or club events for a finite period;
• A total ban from the game for a period;
• Financial penalty;
• Any other penalty deemed appropriate and reasonable by the Commissioners.
Officials:
• A letter of warning or a letter of censure;
• Suspension from office for a period;
• Removal from office;
• Termination of contracted appointment, e.g. manager, coach, etc.
• Removal from a committee;
• Financial penalty;
• Other penalty deemed reasonable or appropriate by the Commissioners.
(b) Prior to imposing any penalty, the Code of Conduct Commissioners may invite the Participant to make comment on any penalty proposed.
(c) The Participant will also be given notice in writing of any penalty imposed. The Code of Conduct Commissioners will determine to whom the decision shall be distributed.
(d) It would be expected that the Code of Conduct Commissioners will deal severely with proven cases of:
• Abuse of tournament officials;
• Physical violence or threatening behavior;
• Conduct which may constitute a criminal offence.
Misconduct falling into these particular categories is likely to result in lengthy suspension and/or financial penalty.
7. IMPLEMENTATION OF PENALTIES
Where the Code of Conduct Commissioners have imposed a penalty suspending or expelling any participant for any reason whatsoever, the penalty shall be reported to the Board of New Zealand Golf for the purpose of giving it effect through the jurisdiction of the Board of New Zealand Golf and it shall be observed by District Associations and Clubs from the date of receipt of advice of the decision.
No player, who has been reported to the Committee or the Code of Conduct Commissioners as having been suspended or disqualified by any Club or Member shall be allowed to play in any event under the control of Canterbury Golf or a Member of Canterbury Golf without the permission of the Committee or until such suspension or disqualification is removed.
All decisions and findings of the Independent Commissioners shall be given in writing to the General Manager within seventy-two (72) hours of the hearing. The Individual Member shall be present at the hearing and will receive notice of the same in advance.
In addition to any other penalty provided for by these Rules, a Member or Club which commits a breach of Rule 38.3 to 38.12 of the Rules of Canterbury Golf Incorporated (as attached in Appendix 2) shall, if the Code of Conduct Commissioners so decide, be liable to forfeit all matches in which a suspended or disqualified player takes part.
8. RIGHT OF APPEAL FROM DECISIONS OF THE CODE OF CONDUCT COMMISSIONERS
(a) There shall be a right of appeal against a decision of the Code of Conduct Commissioners to the Sports Disputes Tribunal of New Zealand only in the circumstances referred to in clause 8 (b) below.
(b) An application to appeal shall be lodged with the Sports Disputes Tribunal of New Zealand within 21 days of the publication of the Code of Conduct Commissioners decision. Appeals to the Sports Disputes Tribunal of New Zealand may only be made on one or more of the following grounds:
(i) That natural justice was denied;
(ii) That the Code of Conduct Commissioners acted outside of its powers and/or jurisdiction;
(iii) That substantially new evidence has become available after the decision which is being appealed was made;
(iv) In respect of a penalty imposed, that the penalty was either excessive or inappropriate.
(c) An appeal to the Sports Disputes Tribunal of New Zealand shall be heard and determined in accordance with the rules of the Sports Disputes Tribunal of New Zealand.
Appendix 1
General examples of conduct likely to bring the game into disrepute (not an exhaustive list):
1. Failure to comply with the directions of tournament officials;
2. Theft;
3. Assault;
4. Verbal abuse;
5. Bad language;
6. Abuse of equipment:
• Throwing of clubs
• Breaking clubs
• Use of club other than within the intentions of the game, e.g. damaging trees or to display ill temper;
7. Drinking under-age;
8. Any misuse of alcohol or drugs
9. Discourtesy as a billeted guest;
10. Ill-mannered behavior;
11. Inappropriate dress;
12. Sexual or verbal harassment;
13. Entering and then failing to appear at a tournament;
14. Failing to complete a round or failing to return a stroke play card.
Team situation (in addition to the above):
1. Behavior bringing the team or association represented into disrepute;
2. Failure to follow instructions;
3. Failure to account for team funds;
4. Failure to wear appropriate uniform;
5. Abuse of team uniform;
6. Sexual or verbal harassment;
7. Breach of any player agreement;
8. Failure to give one’s best.
Appendix 2
DISCIPLINE
38.3 Pursuant to Rule 38.1(e) the Committee or its nominee shall appoint a panel of three Independent Commissioners any one of whom shall preside over and pass judgement on disciplinary matters or breaches of the Code of Conduct of Canterbury Golf and who shall have the power to enquire into the conduct of any Member, Club, team or player playing in an event under the Association’s control or representing the Association and shall have the power, after due and proper inquiry, to impose any penalty affecting participation in the game of golf, including disqualification, which the Independent Commissioner(s) may consider appropriate whether or not any penalty shall have previously been imposed by any other authority.
38.4 Independent Commissioners shall properly take into account the imposition of any penalty already imposed but in any event any penalty imposed by the Independent Commissioners shall, at the discretion of the Independent Commissioners, be enforced and carried out by all Members, Clubs and teams involved in an event under the control of the Association or representing the Association.
38.5 The Independent Commissioners shall enquire into the conduct of any Individual Member who in the opinion of the Committee conducts themselves in such a way as to be injurious to the good name of the Association or brings the game of golf into disrepute. The Independent Commissioners shall also be solely responsible for receiving any written complaint against an Individual Member, or in the case of a team member, of a team representing the Association through a manager’s report referred to the Independent Commissioners.
38.6 All decisions and findings of the Independent Commissioners shall be given in writing to the General Manager within seventy-two (72) hours of the hearing. The Individual Member shall be present at the hearing and will receive notice of the same in advance.
38.7 There shall be no right of appeal from the findings or decision of the Independent Commissioners other than on the grounds of a breach of natural justice.
38.8 The composition of any team or development squad selected shall not be a matter of discipline. The composition of any such player development squad shall be a discretionary matter entirely for the relevant selection committee and the General Manager. There shall be no power for an Independent Commissioner to enquire into or rule on the composition of any such squad.
38.9 No player, who has been reported to the Committee as having been suspended or disqualified by any Club or Member shall be allowed to play in any event under the control of the Association or a Member of the Association without the permission of the Committee or until such suspension or disqualification is removed.
38.10 In addition to any other penalty provided for by these Rules, a Member or Club which commits a breach of Rule 38.3 shall, if the Independent Commissioners so decides, be liable to forfeit all matches in which a suspended or disqualified player takes part.
38.11 The Independent Commissioners shall develop such procedures for hearing and determining discipline issues as it sees fit.
38.12 All matters relating to the control of banned substances and doping offences will be dealt with in accordance with any Canterbury Golf Anti-Doping Code as amended from time to time.
