LR02 Changes to LCNZ Constitution
Changes to LCNZ Constitution
PROPOSED MOTION
Submitted by*: LCNZ Council of Synod
BE IT RESOLVED:
That definitions be added to the constitution (and these will apply to the By-Laws) in section 1.2 (BOLD for new and strikethrough for removed items):
1.2 In this Constitution and the By-laws made thereunder, unless the context or subject matter otherwise requires:
1.2.1 Act’ means the Charities Act 2005 as amended from time to time and includes any replacement of that Act or any provisions substituted for, and all
regulations and statutory instruments issued under, that Act;
1.2.2 ‘auditor’ means a person having appropriate qualifications to examine and verify financial accounts and records in accordance with legal requirements
and the audit policy of the Church;
1.2.3 ‘the Church’ means the Lutheran Church of Australia Incorporated;
1.2.4 ‘Church worker’ means any person within the District whose name is listed on the Register of Church Workers provided for in the By-laws of the Church;
1.2.5 ‘congregation’ means a group of persons within the assigned area of the District adhering to the Lutheran Faith who regularly meet for the administration
of the Means of Grace and who have constituted themselves as an organised body by the adoption of a constitution;
1.2.6 ‘District’ means the Lutheran Church of New Zealand
1.2.7 ‘Evangelical Lutheran Church’ is a generic reference to Churches throughout the world which proclaim the Gospel of Jesus Christ as understood and
confessed in the Book of Concord of 1580;
1.2.8 ‘financial year’ means the year ending 31 December;
1.2.9 ‘Council of Synod’ means the voting members of the District elected to administer the affairs of the District;
1.2.10 ‘lay member’ means any member of a congregation of the District other than a pastor;
1.2.11 ‘parish’ means a congregation or a group of congregations forming an entity which is served by one or more pastors;
1.2.12‘pastor’ or ‘member of the Ministry’ means any man or woman ordained to the Holy Ministry according to the rites and practice of the Evangelical Lutheran
Church who has been received into the Ministry of the Church according to Article 5.1;
1.2.13 ‘special resolution’ means a resolution that is passed, after due notice has been given to all voting members and processed in accordance with the
requirements of a special resolution, and which has been declared as having been passed as a special resolution;
1.2.14 ‘teacher’ means any pastor or lay member called or appointed by the District or any of its congregations to serve on the teaching staff of a school or
educational institution established and maintained by the District or congregation;
1.2.15 ‘Zone’ means a prescribed geographical area or other sector within the District; and
1.2.16 words importing the singular number shall be deemed to include the plural
That objects of the LCNZ be amended to match the LCA objects (BOLD for new and strikethrough for removed items):
III (k)(l) 3.1.11 cultivate uniformity in worship, ecclesiastical practice and customs in accord with the principles laid down in Article X. of the Formula of Concord; publish, procure, and distribute literature compatible with the Confession and principles of the Church;
III (m) 3.1.12 minister to human need in the name of Jesus Christ our Lord in the spirit of Christian love and service, and provide institutions and agencies for this purpose; and
III (n) 3.1.13 take such action as is necessary for the protection of the congregation, pastors, teachers and other Church workers in the performance of their duties and the maintenance of their rights. maintain and promote a culture of care in all areas of the Church and its activities, so that all people, especially the vulnerable such as children and the aged, are protected against any form of spiritual, emotional, physical and sexual abuse by ensuring that
3.1.13.1 appropriate governance and leadership structures are in place;
3.1.13.2 policies and procedures are appropriately prescribed;
3.1.13.3 a culture of safety and care for children and all people is actively encouraged and practiced; and
3.1.13.4 the well-being of congregations, pastors, teachers and other Church workers in the performance of their duties and the maintenance of their
rights is supported and promoted.
3.2 Not-for-Profit
3.2.1 The property and income of the District shall be applied solely towards the promotion of the objects or purposes of the District and the Church and no
part of that property or income may be paid or otherwise distributed, directly or indirectly, to members of the District of the Church, except in good
faith in the promotion of those objects or purposes.
3.2.2 A payment may be made to a member out of the funds of the District only if it is authorised under the following clause 3.2.3.
3.2.3 A payment to a member out of the funds of the District is authorised if it is
3.2.3.1 payment in good faith to the member as reasonable remuneration for any services provided to the District, or for goods supplied to the District,
in the ordinary course of business; or
3.2.3.2 payment of interest, on money borrowed by the District from the member, at a rate not greater than the cash rate published from time to time
by the Reserve Bank of New Zealand; or
3.2.3.3 payment of reasonable rent to the member for premises leased by the member to the District; o
3.2.3.4 reimbursement of reasonable expenses properly incurred by the member on behalf of the District; or
3.2.3.5 making a payment or providing a benefit to a member in carrying out the objects of the District for charitable purposes.
That membership provisions of the LCNZ be amended to match the LCA objects (BOLD for new and strikethrough for removed items):
4.1 The membership of the District will consist of baptised members of congregations within assigned areas which shall include congregations of baptised members.
Such member congregations shall be recorded in the official Roll of Congregations of the District and shall exercise their membership rights in accordance with the
representation requirements outlined in the following Article 7.2.1.
4.2 The District will consist of the congregations which are members of the LCA and are located in New Zealand shall consist of
4.2.1 the congregations which are members of the Church in New Zealand; and
4.2.2 other bodies in New Zealand which are accepted as members of the Church pursuant to Article 4.2 of the Constitution of the Church.
That authority and powers provisions of the LCNZ be amended to match the LCA objects (BOLD for new and strikethrough for removed items):
The membership of the District will consist of baptised
6.4 The District shall have power to acquire, accept, hold, dispose of, lease, let, mortgage or otherwise deal with real and personal property and any estate or interest in real and personal
property and to give guarantees as it may deem necessary for the effective promotion of any or all its activities.
VI 6 The LCNZ may only use any income, benefit or advantage to advance the objects of the LCNZ
(this is replaced by para 3.2.1)
VI 7 No member of the LCNZ, or anyone associated with a member, is allowed to take part in, or influence any decision made by the LCNZ in respect of payments to, or on behalf of, the
member or associated person of any income, benefit, or advantage.
VI 8 Any payments made to a member of the LCNZ, or person associated with a member, must be for goods or services that advance the Objects of the LCNZ and must be reasonable and relative to payments that would be made between unrelated parties.
(this is replaced by para 3.2.3)
Subsequent paragraphs are renumbered to fit.
That The Synod provisions of the LCNZ be amended to match the LCA objects (BOLD for new and strikethrough for removed items):
VII 2 The Synod will consist of the following as voting members
7.2 The Synod shall consist of
7.2.1 lay delegates of the congregations who are elected by their respective congregations according to the representation prescribed by the By-laws Part B;
7.2.2 members of the Ministry of the District;
7.2.3 members of the Council of Synod;
7.2.4 principals of secondary schools in the District;
7.2.5 chairpersons of Standing Committees of the District; and
7.2.6the Treasurer
who shall comprise the voting members, known as ‘delegates’.
That Officers and Administration provisions of the LCNZ be amended to match the LCA objects (BOLD for new and strikethrough for removed items):
8.1 The Officials of the District shall be a Bishop, one or more Assistant Bishops, an Assistant Bishop and a Treasurer. They shall be elected for a term of office determined by the District.
The Bishop shall be a pastor of the Church and the Assistant Bishops shall be pastors of the Church in the District
8.2 The District shall have a Council of Synod, which shall consist of the Bishop, Assistant Bishop or Assistant Bishops, Treasurer, and as many other members as it may determine in
Bylaws Part B. The Council of Synod shall have authority between the Synods to make decisions within the limits prescribed in the By-laws.
8.3 The District shall have a il Trust Board, which will be its registered representative, and shall consist as many other members, including at least one pastor, as the District may determine
in its By-laws Part B.
That Discipline, Adjudication and Appeals provisions of the LCNZ be amended to match the LCA objects (BOLD for new and strikethrough for removed items):
IX 1 (b) (iii) is guilty of evident neglect of duty
9.3 The Church and the District together shall establish a judicial system to deal with discipline and adjudication and any appeals in relation to thereto which may be made. The rules
governing such judiciary procedure will be laid down in the By-Laws of the District and in rules of the Commission on Adjudication and Appeals of the Church. judicial system shall be
laid down in the By-laws of the Church.
That Dissolution provisions of the LCNZ be amended to match the LCA objects (BOLD for new and strikethrough for removed items):
10.1 Changes to the prescribed geographical area of the District, dissolution of the District, or an amalgamation of the District with one or more other Districts or with
the Church or changes to the legislative or governance structure of the Church affecting the District shall be determined according to the procedure set out in this
article.
10.2 Action initiated by the Church
10.2.1 For any action referred to in the preceding clause 10.1 initiated by the Church, the General Church Board, in consultation with the Council of Synod and
its Synod, shall outline the reasons, purposes and procedure for such a proposal and make a recommendation to the District Synod. Upon an in principle
agreement, the matter shall proceed to a General Synod for approval
10.2.2 Any decision for any action referred to in the preceding clause 1 shall be made by the Church according to the following procedure:
10.2.2.1 Written notice of a motion specifying such action shall be given to the delegates of the General Synod.
10.2.2.2 At least thirty [30] days written notice of a General Synod, specifying such action as a special motion, shall be given to the delegates of the
General Synod
10.2.2.3. The motion must be presented at a duly constituted General Synod and shall require a majority of not less than three-quarters [3/4] of all
the registered delegates of the General Synod.
10.2.3 Once a decision has been determined by the Church according to the preceding clause 2.2 it shall be communicated to the District which shall then
take the following action:
10.2.3.1 Written notice of a motion specifying the action shall be given to the delegates of the District Synod.
10.2.3.2 At least thirty [30] days written notice of a District Synod, specifying the action to be taken as a special motion, shall be given to the delegates
of the District Synod.
10.2.3.3 The motion must be presented at a duly constituted District Synod and shall require a majority of not less than three-quarters [3/4] of all the
registered delegates of the District Synod.
10.2.3.4 The special resolution shall be submitted to the General Church
10.3 Action initiated by the District
10.3.1 For any action referred to in the preceding clause 1 initiated by the District, the District shall outline the reasons, purposes and procedure for such a proposal to the General Church Board for consultation prior to presentation to the District Synod.
10.3.2 Following such consultation as described in the preceding clause 3.1, any outline of the reasons and purposes for dissolution shall be made by the District according to the following procedure:
10.3.2.1 Written notice of a motion specifying the action shall be given to the delegates of the District Synod.
10.3.2.2 At least thirty [30] days written notice of a District Synod, specifying such action as a special motion, shall be given to the delegates of the District Synod.
10.3.2.3 The motion must be presented at a duly constituted District Synod and shall require a majority of not less than three-quarters [3/4] of all the registered delegates of the District Synod.
10.3.2.4 The special resolution shall be submitted to the General Church
10.3.3 Upon agreement, the General Church Board, subject to the provisions in the Constitution of the Church, Article 9.2, shall submit the proposal to a
General Synod for approval according to the procedure in the preceding clause 2.2.
10.4 If any property remains after the winding up or dissolution of the District and the settlement of all the District’s debt liabilities, that property must be given to the Lutheran Church of Australia.
10.5 The District Synod shall take all steps required to implement the special resolution for action under this clause, including the making of changes required in
respect of relevant legislation.
That By Laws provisions of the LCNZ be amended to match the LCA objects (BOLD for new and strikethrough for removed items):
X 1 The LCNZ will have the power at a Convention of the Synod to make By-Laws not inconsistent with these or any amended rules, or with the Constitution and By-Laws of the LCA for the regulation of its proceedings and the management of its business and affairs, and for giving effect to the rules, and it may repeal or alter such By-Laws from time to time.
11.1 The District through its Synod may petition the Church or its General Church Board to amend, alter, add to or repeal any of the By-laws of the District Part A.
11.2 The District shall have the power at a convention of the Synod to make ByLaws Part B not inconsistent with the Constitution and By-laws of the Church, and
not inconsistent with these or any amended rules for the regulation of its proceedings and the management of its business and affairs, and for giving effect
to the rules, and it may amend, alter, add to or repeal such By-laws from time to time.
11.3 Where a convention determines, without prior notice on the agenda of a motion to amend, alter, add to or repeal a By-law, to deal with any such matter, the
Bishop has absolute discretion to defer consideration thereof and voting thereon until the next day.
11.4 No amendment to the By-laws shall be affected if such amendment would result in the LCNZ losing its exemption from income tax under section CW 34 and / or
section CW 35 of the income Tax 2004 section CW 41 and / or section CW 42 of the Income Tax Act 2007 (or any replacement thereof).
That Alterations of the Constitution provisions of the LCNZ be amended to match the LCA objects (BOLD for new and strikethrough for removed items):
12.1 The District, at a convention of Synod through its Synod, in accordance with the procedure laid down in the By-laws of the Church may petition the Church or its
General Church Board, may to amend, alter, add to or repeal any of the rules, except Article 2. and Article 12.1 of the Constitution, which shall be considered fundamental and
unalterable in their intent and meaning.
12.2 Notice of any proposal motion to amend, alter, add to or repeal any of the rules shall be given on the agenda of the convention, and any such motion to amend, alter, add to or repeal
shall require a two thirds majority of not less than two-thirds [2/3] of all the registered delegates registered at the convention, unless the motion relates to an amendment,
alteration, addition or repeal already approved or recommended by General Synod or General Church Board of the Church, in which case the motion shall
require a majority of those voting.
REASONS FOR THE MOTION
- This set of motions apply to the Constitution. Further remits to follow relate to changes to the By-Laws.
- A number of changes have been enacted by the Lutheran Church of Australia that are required to be enacted by the Lutheran Church of New Zealand in the period 2018 to 2024.
a) Change to Objects with the addition of para 3.1.13
b) Addition of Not for profit clause at 3.2 - A number of changes reflecting Charities Services and associated legislation are required to be updated.
- A number of changes in title and naming requirements are now being updated.
a) General Church Council is now General Church Board.
b) LCNZ is replaced by “District”
c) LCA is replaced by “Church”
d) Replace “representatives“ to “delegates”
e) Commission on Adjudication and Appeals of the Church – no longer exists. - The LCA provide a model Constitution for use by the Districts that form part of the By-Laws of the LCA. This has been used as a basis of the changes contained herein on the basis that the model includes all current resolutions from the LCA’s Convention of Synod.
- There are several changes that flow through the document. For example add LCA to definitions and change to “Church” throughout the document.
- Changes from roman numerals and major alpha lists to numerical and indents for easier reading and as included in the LCA Model.
SUBMITTING BODY DETAILS
This has been approved by the authorised body at a duly held meeting and is confirmed as an accurate and complete version of the agreed proposal.
Submitted by Rev Andrew Marr
Date of meeting where approved 12 June 2025
Name of submitting organisation: Council of Synod
