Cat Fancy
Inc
Disputes and
Discipline Procedure
2002
TABLE OF CONTENTS
1)
JUDICIAL FUNCTIONS OF NEW ZEALAND CAT FANCY Inc:
5)
PROCEDURE
UPON RECEIPT OF COMPLAINT
7)
HEARING
BY DISPUTES COMMITTEE
8)
COMPLAINTS
ARISING OUT OF A SHOW
11)
EXERCISE
OF SUMMARY JURISDICTION BY THE EXECUTIVE COUNCIL
12)
IMPOSITION
OF PENALTY BY CONSENT
14)
DISCIPLINE
UNDER RECIPROCAL AGREEMENTS
15)
RIGHTS
OF AND GROUNDS FOR APPEALS
1)
JUDICIAL FUNCTIONS OF NEW ZEALAND CAT FANCY Inc:
a)
New Zealand Cat Fancy Inc:
(NZCF) may exercise judicial functions only in accordance with these Rules.
b)
The
Executive Council of the NZCF may act in a judicial capacity having both
originating and appellate jurisdiction.
c)
The
Executive Council shall establish and delegate their originating judicial
functions to the National Disputes Coordinator or such Disputes Committees,
Complaints Officers or investigators as they deem necessary upon such terms as
they think fit with such powers as are warranted to deal with complaints
received.
d)
The
Executive Council shall establish a Judicial Subcommittee of the Executive
Council to exercise its appellate functions as allowed for in these Rules. The
Judicial Subcommittee shall consist of not less than two suitable members of the
Executive Council chaired by an appropriate independent third party who shall not
be a member of the NZCF, or any NZCF affiliated club, nor shall they
be a member, officer or official of another similar organisation.
The Chairman of the Judicial Subcommittee shall have a deliberative vote.
e)
The Executive Council may from time to time appoint persons to act as
mediators for the NZCF.
f)
The names, addresses and telephone numbers of such persons so appointed
shall be published in the issue of the official journal of the NZCF containing
the report of the meeting at which their appointment is effected.
g)
Nothing
in these Rules shall prevent any affiliated club acting in a judicial capacity
as provided for under its own Rules.
a)
A complaint may be laid against any member or affiliated club who:
(i)
Is in breach of any Rule or ByLaw or Code of Ethics of the NZCF
(ii)
Is in breach of any regulation made pursuant to these Rules;
(iii)
Acts in a manner which is or which may be discreditable or prejudicial,
or calculated to be prejudicial to the interests of the feline world.
(iv)
Does any improper act connected with, arising out of or relating to the
owning, breeding, exhibition or judging of cats.
(v)
Judges at or in any way officiates at an unsanctioned show.
(vi)
Does any improper act connected with the administration or operation of
the NZCF;
(vii)
Is convicted by a court or enters into a police diversion scheme in
respect of any of the offences specified in Rule 13
(viii)
Acts as the nominee or agent of a banned person with the intention of
avoiding any penalties imposed upon the banned person.
b)
Complaints cannot be laid against persons who are not financial members
of the NZCF at the time the alleged breach of the Rules occurred unless those
persons have since become financial members and are financial members at the
date the complaint is laid.
a)
Any member of the general public, a member of the NZCF or an affiliated
club may lay a complaint. Where the complainant is not a member of the NZCF, and
some of the information shown below might not reasonably be known by the
complainant, the requirement for the specified information may be waived. A
complaint may be laid by the Executive Council Chairman on behalf of the NZCF.
b)
Complaints
must be in writing and set out the information shown below
i)
Full names and addresses of all complainants and their membership numbers
if applicable.
ii)
The names
and addresses of the member(s) or affiliated club complained about.
iii)
The full
details of behaviour complained of.
(1)
Date and
place of incident.
(2)
Which
provisions of Rule 2 are breached by this behaviour, if known.
(3)
The
breed, registered name and registration number of any cat involved, if known.
(4)
The names
and addresses of witnesses or persons making statements where applicable.
iv)
Specific
remedies sought, if any.
c)
The complaint must be accompanied by written evidence or documents and
signed statements by the complainants and witnesses sufficient to establish a
prima facie breach of the NZCF Rules.
d)
The
complaint must be signed by
(i)
the complainant or
(ii)
if more than one complainant by all complainants or at least one of the
complainants authorised to sign on behalf of all complainants or
(iii)
if by an affiliated club by a duly authorised officer of that club
e)
The complaint must be accompanied by the complaint fee, if required.
f)
The complaint must be addressed to and lodged with the Executive Council
Secretary.
g)
With the
exception of a complaint arising out of a show, a complaint must be lodged
within twenty-eight days from the time when the matter of complaint arose or
within twenty-eight days from the time when the matter which is the subject of
the complaint was discovered. A complaint arising out of a show must be laid in
accordance with Rule 8
a)
The following fees shall be payable to the NZCF and shall accompany any
matter lodged.
i)
The lodgement of a matter other than an application to have a matter
referred to a mediator - $50.00.
ii)
An
application for a matter to be referred to a mediator - $10.00.
iii)
A
complaint by the NZCF acting through the Executive Council Chairman - Nil.
iv)
The
lodging of an appeal or application for review -$50.00.
v)
The lodgement of a complaint arising out of a show $20.00 (Inc GST).
vi)
Where a
complaint is made by a person who is not a member of the NZCF, the fees are not
required.
5)
PROCEDURE UPON RECEIPT OF COMPLAINT
a)
Complaints received by the Executive Council Secretary shall within 3
days be referred to the National Disputes Coordinator of the NZCF who shall
determine whether a prima facie case for further investigation exists under
these Rules.
i)
Before making a ruling the National Disputes Coordinator may at his
discretion refer the matter to an investigator appointed by him to investigate
the complaint further and report back within a reasonable time.
ii)
If the
National Disputes Coordinator is satisfied a prima facie case for further
investigation exists the National Disputes Coordinator shall:
iii)
Send appropriate
details of the complaint in writing to the Club or person complained of, and
shall include a copy of this document for their reference.
iv)
Within 28 days of
the posting of a letter by the National Disputes Coordinator advising of such
complaint, the Club or person complained against, may reply in writing to the
complaint and should forward a note of any evidence or documents in support of
the reply, to the National Disputes Coordinator.
v)
As soon as
practicable after receiving the reply, or if no reply is received after the
expiration of the period of 28 days provided in Clause iv above, the National
Disputes Coordinator shall seek to mediate between the parties, or refer the
matter to a mediator to act on his behalf.
vi)
Parties to any dispute, whether it involves a breach of the NZCF Rules or
not, may apply to have the dispute referred to a mediator for resolution by
mutual agreement. Any such application must be signed by or consented to by all
parties in writing.
b)
The
National Disputes
Coordinator, or
anyone acting as a mediator on his/her behalf, shall use their best endeavours
to encourage the settlement of the dispute between the parties and to create an
atmosphere in which the parties can view the dispute with emphasis on settlement
of the dispute in an amicable manner. They should encourage the parties to make
use of the provisions of civil law, such as the Disputes Tribunal service
offered by the Department for Courts where such a course is seen to be in the
interests of either or both parties.
c)
Mediators
shall report to the National
Disputes Coordinator
of the NZCF as to the outcome of mediation when they believe the matter is
either resolved or unable to be resolved.
d)
Mediators
shall be entitled to all reasonable out-of-pocket expenses incurred by them in
the performance of their functions pursuant to these Rules.
e)
Where a
complaint or matter has been referred to mediation and:
(i)
The mediator reports that the matter is not resolved; or
(ii)
Any apparent settlement achieved does not appear to the National
Disputes Coordinator
to have been effective; or
(iii)
The National
Disputes Coordinator
determines mediation should not be continued with; or
(iv)
The mediator is unable to continue for any reason to mediate.
The National Disputes Coordinator shall within 14 days:
(i)
Arrange for a Disputes Committee to be formed and refer the matter to the
Disputes Committee for a hearing or;
(ii)
Refer the matter to the Executive Council with a rider that the matter is
such that, whilst demonstrating a breach of the NZCF Rules would, if proven, not
warrant a hearing by a Disputes Committee and it is more appropriate that the
matter be dealt with by the Executive Council summarily or by way of written
submissions only.
(iii)
The National Disputes Coordinator shall dismiss the complaint if
satisfied that a prima facie case for further investigation does not exist.
Written reasons for the dismissal must be given to the complainant.
(iv)
The National Disputes Coordinator may dismiss the complaint if the
National Disputes Coordinator believes the complaint to be trivial, malicious or
if in the opinion of the National Disputes Coordinator, disciplinary proceedings
should not be brought for some good reason. Written reasons for the dismissal
must be given to the complainant.
(v)
The National Disputes Coordinator can order the return of the complaint
fee if satisfied that the complaint was made in good faith not withstanding that
the complaint was dismissed.
(vi)
The National Disputes Coordinator may order that the complaint fee be
waived upon compassionate or hardship grounds upon written application by the
complainant made at the time of lodging the complaint
(vii)
The National Disputes Coordinator may in exceptional circumstances upon
application by the complainant rule that the complaint be heard notwithstanding
that it is lodged out of time.
a)
All hearings must be conducted in accordance with the rules of natural
justice and any regulations laid down by the Executive Council for the conduct
of hearings.
b)
Either
party may be represented at a hearing of a Disputes Committee by legal counsel,
alternatively they may be accompanied by a lay spokesperson or engage legal
counsel to assist in the preparation of any complaint or in the preparation for
the hearing of it.
c)
The NZCF
may be represented at any hearing by the Executive Council Chairman or any other
person appointed by the Executive Council and shall have the same rights as any
other party.
d)
The NZCF
may appoint an observer to attend any hearing who may assist the conduct of the
hearing in any manner deemed appropriate by the Chairman of the Disputes
Committee.
e)
Where any
matter is to be heard by written submissions only all parties must be sent full
particulars of the dispute and given at least twenty-eight days to respond. Upon
receipt of the response all parties must be sent the responses received from the
other parties and given a final right of reply of not less than fourteen days
before the matter is finally considered.
7)
HEARING BY DISPUTES COMMITTEE
a)
Upon a
matter being referred to a Disputes Committee the National Disputes Coordinator
shall arrange for the matter to be heard by a Disputes Committee of not less
than two suitable members of the NZCF.
b)
The
Disputes Committee shall be chaired by an independent third party who shall not
be a member of the NZCF, or any NZCF affiliated club, nor shall they
be a member, officer or official of another similar organisation.
The Chairman of the Disputes Committee shall have a deliberative vote.
c)
The
Chairman of the Disputes Committee may at any time determine that no prima facie
case exists to be answered and dismiss the matter. Written reasons for the
dismissal must be given to the complainant.
d)
The
Disputes Committee may order the return of the complaint fee if it is satisfied
that the complaint was made in good faith not withstanding that the complaint
may not be upheld. The complaint fee will be returned in any case where a
complaint is upheld.
e)
If, on
hearing a complaint under these Rules, the Disputes Committee is satisfied that
the complaint is proved, or not being satisfied that the complaint is proved, is
satisfied that a default or omission has been proved, it may find accordingly
and impose any one or more of the penalties listed in Rule 9.
f)
A written decision must be issued and sent to all parties and the
Executive Council Secretary upon conclusion of the hearing or within
twenty-eight days thereafter. The written decision will include:
(i)
All breaches of Rules or Regulations established
(ii)
All other findings and/or conclusions reached
(iii)
All penalties imposed
(iv)
Any recommendations to the Executive Council
(v)
Any other relevant comment
(vi)
Information on rights of appeal and/or review
g)
If satisfied that it is fair and equitable to all parties and achieved
without duress a Disputes Committee may accept a negotiated settlement of any
complaint acceptable to all parties and:
(i)
dismiss the complaint or
(ii)
impose any penalty by consent without further hearing of the matter.
8)
COMPLAINTS ARISING OUT OF A SHOW
a)
A complaint arising out of a show of a breach of any NZCF Rule or
Regulation that occurred at that show must be lodged before or during the
conduct of the show where practicable or, if not practicable, within the
provisions of the NZCF Show Bylaws.
b)
A
complaint arising out of a show must be heard by the committee conducting the
show unless it involves personnel involved with conducting the show on behalf of
that affiliated club or it involves a breach of a Rule or Regulation of the NZCF
that did not, or did not only, occur at the show.
a)
The
penalties that may be imposed under these Rules include all or any of the
following:
(i)
The imposition of a fine of such amount as may be fixed, payable to the
NZCF or any other party.
(ii)
The issue of a severe reprimand, reprimand, censure or warning.
(iii)
The requirement of an apology.
(iv)
The withdrawal of the members breeding prefix, or the suspension of the
members prefix for as long as may be deemed to be appropriate.
(v)
The suspension of any member or non-member from taking part in or having
any connection with or attending any show.
(vi)
The suspension of any person from taking part in the management of any
show.
(vii)
The suspension of any person from acting as an officer of the NZCF.
(viii)
The suspension from competition of all cats owned or registered in the
name of any member against whom a complaint is proved.
(ix)
The disqualification from registration or competition of all or any cats
and all or any of the progeny of any such cats owned by any person or owned or
registered by them jointly with any other or others or owned or registered in
the name of a nominee.
(x)
A recommendation to the Executive Council that they add to, delete from
or amend any detail on NZCF pedigree registers.
(xi)
The suspension of any person from membership of the NZCF for any period
or cancel the membership of any such person or affiliated club.
(xii)
The removal or suspension for any period of time of any person from the
NZCF Judges Panels.
(xiii)
The recommendation to the Executive Council that they remove or suspend
the membership or Recognition of any club.
(xiv)
An order that any person pay costs to the NZCF and/or any party of an
amount determined by the appropriate committee.
b)
Any
penalty imposed can be suspended for all or part of the term of imposition
subject to the observation of such conditions as may be imposed. If the
conditions of a suspended penalty are not observed then the penalty will take
effect upon notice without further hearing.
c)
Any
person failing to pay a fine or costs after twenty-eight days have elapsed from
the imposition of the fine and/or the order for costs shall automatically have
their membership of the NZCF suspended until the failure is rectified.
d)
If any
person suspended or disqualified under these Rules shall breach their suspension
or disqualification the Executive Council may increase the period of suspension
and/or disqualification.
e)
The
Executive Council of the NZCF may from time to time remove or modify any
suspension or disqualification.
f)
The NZCF may publish in any official journal of the NZCF an account of
any disputes proceedings so long as the provisions of the Privacy Act are
adhered to.
a)
Unless special circumstances require otherwise and the finding so directs
all penalties imposed by Disputes Committees shall commence on the date set by
the Disputes Committees.
b)
Unless
otherwise directed by the Executive Council the imposition of all penalties
shall be suspended upon receipt of a valid appeal or application for review
until such time as the appeal or review is heard.
11)
EXERCISE OF SUMMARY JURISDICTION BY THE EXECUTIVE COUNCIL
a)
The
Executive Council may of its own motion or on the reference of the National
Disputes Coordinator, exercise summary jurisdiction without giving notice where:
(i)
There has been a breach of a Rule or Regulation which requires immediate
action; or
(ii)
There has been a breach of a Rule or Regulation which is of a minor
nature and does not warrant a formal complaint being laid; or
(iii)
A member or affiliated club has failed to:
(1)
Meet the
time limit for making any payment specified by any Rules or Regulation; or
(2)
Meet the
time limit for doing any administrative act specified by a Rule or Regulation.
b)
Where the
Council exercises summary jurisdiction it may:
(i)
Impose a fine not in excess of the annual combined membership fee of the
NZCF then in force, and/or
(ii)
Suspend any membership or suspend the affiliation, association or
recognition of any club until any act or omission or payment is done corrected
or paid as the case may be.
c)
The
National Complaints Coordinator shall within twenty-eight days after a decision
is made pursuant to this Rule forward notice to all members affected by the
decision, such notice to state:
(i)
Any Rule or Regulation breached.
(ii)
The manner in which such Rule or Regulation was breached.
(iii)
Any act or omission done or neglected.
(iv)
Any remedial action required to be done.
(v)
Any penalty imposed or costs awarded.
(vi)
The duration of any suspension imposed and the manner in which it is to
be lifted.
(vii)
The following statement:
(1)
"You
have a right of review of this decision. Your application for review must be in
writing and received by the Executive Council Secretary within twenty-eight days
of the date of this notice."
12)
IMPOSITION OF PENALTY BY CONSENT
a)
Where any member of the NZCF
(i)
By their own admission admits that they have breached a Rule or
Regulation; or
(ii)
Has been convicted of any of the offences set out in Rule 13: or
(iii)
Has entered into a police diversion arrangement in respect of an offence
set out in Rule 13
b)
The Executive Council may upon giving twenty-eight days written notice
and with the consent of the member concerned impose a penalty upon that member
by consent without further process.
c)
In such
case the Executive Council will order that no report of the matter be published
in the official journal of the NZCF unless there is good reason to do so.
13)
CONVICTIONS
FOR CRUELTY OR DISHONESTY, ETC.