Contents (2009 - 7)
Associations Incorporation Act 2009 No 7
39 Voting on special resolutions
(1) A resolution is passed by an association as a special resolution:(a) at a meeting of the association of which notice has been given to its members no later than 21 days before the date on which the meeting is held, or(b) in a postal or electronic ballot conducted by the association, orif it is supported by at least three-quarters of the votes cast by members of the association who, under the association’s constitution, are entitled to vote on the proposed resolution.(c) in such other manner as the Secretary may direct,(2) A notice referred to in subsection (1) (a) must include the terms of the resolution and a statement to the effect that the resolution is intended to be passed as a special resolution.(3) A postal or electronic ballot referred to in subsection (1) (b) may only be conducted in relation to resolutions of a kind that the association’s constitution permits to be voted on by means of a postal or electronic ballot and, if conducted, must be conducted in accordance with the regulations.(4) A direction under subsection (1) (c) may not be given unless the Secretary is satisfied that, in the circumstances, it is impracticable to require votes to be cast in the manner provided by subsection (1) (a) or (b).