web viewin this diocese it is desired to provide for three basic local units to carry out the...

STATUTE NO 3

TO PROVIDE FOR PARISHES, REGIONAL DEANERIES AND LOCAL CHURCHES

ANALYSIS

1. Short title2. Repeal3. Definitions

PART 1: CONSTITUTION OF PARISHES, REGIONAL DEANERIES AND LOCAL CHURCHES

4. Parishes, Regional Deaneries and Local Churches5. Responsibility6. Parish responsibilities7. Regional Deanery definition8. Regional Deanery responsibility9. Faith communities’ mutual support10. Memorandum of Understanding for Regional Deanery establishment11. Memorandum to be signed12. Local Church formed13. Local Church responsibility14. Ministry leader appointment15. Diocesan Office responsible for administering Local Church’s finances16. Local Church responsibilities17. Annual Conference of Local Churches18. Constitution of Parishes19. Constitution of Regional Deaneries and Local Churches20 Creation of new Parishes, Regional Deaneries and Local Churches21. Suspension and dissolution22. List of Parishes, Regional Deaneries and Local Churches23. Transitional requirements of Constitution24. Evidence of Constitution25. Names of Parishes, Regional Deaneries and Local Churches

PART II: GOVERNANCE

SUB-PART A: GENERAL

26. Governing bodies27. Responsibility of governing bodies28. Powers of management and administration29. Administration responsibility30. Officers’ qualifications and election31. Officers’ declarations

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32. Nominators33. Returns34. Powers of Vestries to delegate35. Powers of Local Church Committee to delegate36. Churchwardens 37. Offices38. Responsibilities of churchwardens39. Synod representatives of Parishes and Regional Deaneries and Local

Churches40. Synod Representatives responsibilities41. Consultation on matters before Synod42. General meetings43. Election at general meetings44. Functions of general meetings

Limitations on management powers

Sections 45 to 50

SUB-PART B: PARISHES

51. Governing body52. Vestry53. Appointment and election of churchwardens

SUB-PART C: REGIONAL DEANERIES

54. Governing body55. Deanery Council56. Appointment and election of churchwardens57. Obligation to Consult58. Regional Deanery Unit59. Financial Accounts

SUB-PART D: LOCAL CHURCHES.

60. Governing body61. Membership of Governing body62. Churchwardens

SUB-PART E: TEMPORARY AND TRANSITIONAL ARRANGEMENTS

63. Alternative constitutional arrangements64. Illustrations65. Time frame66. Synod approval

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PART III: CLERGY AND PUBLIC WORSHIP

67. Clergy68. Co-Vicars and Co-Regional Deans69. Licence to serve70. Appointment of stipendiary clergy71. Responsibility for costs of clergy72. Vicars, Regional Deans and Ministry Leaders73. Appointment of Vicar or Regional Dean74. Responsibility of Vicar or Regional Dean75. Responsibility of Ministry Leader76. Appointment of other stipendiary clergy77. Appointment of non-stipendiary clergy78. Basis of remuneration79. Responsibility of all clergy80. Clergy membership of governing bodies81. Provision of public services of worship 82. Charge on offerings and funds83. Use of the church84. Access to the church

PART IV: MEMBERSHIP AND GENERAL MEETINGS

85. Membership86. Parish, Regional Deanery and Local Church rolls87. Who may vote88. Annual meeting89. Special general meeting of Parish or Regional Deanery90. Special general meeting of Local Church91. Calling and conduct of meetings

PART V: RESPONSIBILITIES OF BISHOP

92. Providential oversight93. Reports by Churchwardens94. Disputes95. Adjudication by Bishop96. Default by Parish, Regional Deanery or Local Church97. Investigation98. Procedure to dissolve or suspend Parish, Regional Deanery or Local Church99. Property100. Appointments and contracts after dissolution

PART VI: APPLICATION TO FORM NEW PARISH, REGIONAL DEANERY OR LOCAL CHURCH

101. Formation or alteration of Parish, Regional Deanery or Local Church102. Application

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103. Procedure104. Approval105. Procedure after Formation of Parish or Local Church

FIRST SCHEDULE:

List of Parishes, Regional Deaneries and Local Churches

SECOND SCHEDULE:

Proceedings of governing bodiesPart A: Powers and Proceedings of Governing bodiesPart B: Powers and Proceedings of Local Church CommitteesPart C: Proceedings of General Meetings

THIRD SCHEDULE:

Records and ReturnsPart A: Records to be kept by Parishes, Regional Deaneries and Local

ChurchesPart B: Returns to be made by Parishes, Regional Deaneries and Local

Churches

FOURTH SCHEDULE:

Procedure for obtaining Faculties

FIFTH SCHEDULE:

Declaration to be made by officers and members of Governing bodies

SIXTH SCHEDULE:

Procedure for approval of new Parishes, Regional Deaneries or Local Churches

SEVENTH SCHEDULE:

Form of Notice of Meeting of Parishioners

WHEREAS in 1992 the General Synod of this Church amended Title B Canon V of its Canons to provide that each Diocese shall make regulations concerning the constitution of local ministry and mission units, their constitution and governing structure, and the qualifications required of those elected to their governing bodies;

AND WHEREAS in this Diocese it is desired to provide for three basic local units to carry out the mission of the church, that is to say, Parishes, Regional Deaneries and Local Churches; and to encourage Parishes, Regional Deaneries and Local Churches and their officers to consult and negotiate together in ways which will further the mission of the Church;

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NOW THEREFORE BE IT ENACTED by the Bishop, Clergy and Laity of the Diocese of Dunedin in Synod assembled as follows:1. The Short Title of this Statute is “The Parishes, Regional Deaneries and Local

Churches Statute 2015”.

2.1 The purpose of this statute is to organise the Diocese for mission by providing for the structure of local

units to carry out the mission of the Church.

2.2 This Statute comes into force on 1 January 2017 and The Parishes and Local Churches Statute 1992 is repealed from 1 January 2017.

3. DEFINITIONSIn this Statute

Elected means elected in accordance with procedures laid down in Part lV.

Faith Community means any group of Anglican Church members which regularly worships publicly together at a distinct and settled location, whether or not that community is constituted as a Parish, Regional Deanery or Local Church under this Statute.

Ministry Leader means the person appointed by the Bishop to be responsible for the Ministry of a Local Church.

Ministry Unit means one of the three basic local units of ministry and mission as provided for in clause 4.1.

Parishioner, in relation to any faith community, means a member of a Parish or Regional Deanery or a Local Church.

Regional Dean means the person who is responsible within a Regional Deanery. The term includes a Co-Regional Dean and includes any person authorised to perform the functions as set out in Section 74.

Synod Representative means a person elected to be a lay representative of a Parish, Regional Deanery or Local Church at Synod.

Vicar means the person who is responsible within a Parish. The term includes a Co-Vicar, and any person authorised to perform the functions of a Vicar in accordance with Section 74.

Reference (in the context of the governing body or the officers of any particular faith community) to the churchwardens or chair of Vestry, Deanery Council or the Church Committee shall be taken to mean reference to the aforesaid officers appointed for that faith community.

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PART 1: CONSTITUTION OF PARISHES, REGIONAL DEANERIES AND LOCAL CHURCHES

Parishes, Regional Deaneries and Local Churches

4 (1) The basic local units of ministry and mission in this Diocese shall be:

a) Parishes; b) Regional Deaneries; andc) Local Churches.

(2) The basic structures of governance for Parishes, Regional Deaneries and Local Churches shall be as provided in Part II.

(3) A Parish, Regional Deanery or Local Church may have particular responsibility for a defined local area within the Diocese, and that area may be defined in general terms without the need for fixing precise boundaries.

(4) This section must be read subject to section 63.

(5) The responsibility of every Parish, Regional Deanery and Local Church shall be:

(a) To promote the worship of God, the Holy Trinity

(b) To proclaim the good news of the Kingdom of God

(c) To teach, baptise and nurture believers in the Christian faith within the Anglican tradition

(d) To respond to human need by loving service

(e) To seek to transform the unjust structures of society

(f) To strive to safeguard the integrity of creation, and to sustain and renew the life of the earth

(g) In accordance with Clause E2 of the Constitution (Te Pouhere), to function on the basis of partnership with Te Pihopatanga o Aotearoa and the Diocese of Polynesia and their constituent parts.

PARISHES

6. A Parish shall have responsibility for:(a) carrying out the mission of the church in parts of the Parish within its defined

area;

(b) ensuring there is co-ordination between the activities and functions of all faith communities within the parish area;

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(c) paying its full cost of clergy, contributions to the Synod budget, costs of maintaining and properly insuring its buildings, furniture and equipment, and the wages of its employees in a financially self-sufficient way.

(d) negotiating with the Diocese over the appropriate financial contribution to be made from the Parish area as a whole, in terms of the Finance Statute 1985 or any amending or substituted statute.

REGIONAL DEANERY

7. A Regional Deanery shall consist of a group of faith communities, usually in geographic proximity to one other. Each Regional Deanery shall be led, enabled and resourced by a Regional Dean. The Regional Dean shall lead and be part of the ministry team of lay and ordained ministers for that Deanery.

8. A Regional Deanery shall have responsibility for:

(a) carrying out the mission of the church in parts of the Regional Deanery not included in any Local Church area;

(b) ensuring there is co-ordination between the activities and functions of all faith communities within the Regional Deanery; and

(c) paying its full cost of clergy, contributions to the Synod budget, costs of maintaining and properly insuring its buildings, furniture and equipment, and the wages of its employees, in a financially self-sufficient way.

(d) negotiating with the Diocese over the appropriate financial contribution to be made from the Regional Deanery as a whole, in terms of the Finance Statute 1985 or any amending or substituted statute.

9. All faith communities which make up a Regional Deanery shall commit themselves to one another's mutual support, and shall use their best endeavours to ensure that all matters of mutual concern are discussed between them and resolved in a way which is acceptable to them all.

Memorandum of Understanding

10. At the establishment of a Regional Deanery, a Memorandum of Understanding shall be prepared by the contributing faith communities, to set out the guidelines for operation as a Regional Deanery. This Memorandum shall include clauses:

(a) providing for regular review and evaluation of the Regional Deanery; and

(b) setting out the agreed process for election of Regional Deanery Council members.

11. The Memorandum of Understanding shall be signed by the existing wardens

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of each faith community contributing to the Regional Deanery and then submitted to the Bishop for approval.

LOCAL CHURCH

12. A Local Church shall be formed when either:

(a) a new group wishes to be affiliated with the Diocese; or

(b) when an existing Parish can no longer meet the obligations of a Parish as set out in Clause 6 above and does not wish to join a Regional Deanery, or when a Regional Deanery can no longer meet its obligations as set out in Clause 8 above and wishes to dissolve.

13. A Local Church shall be directly responsible to the Bishop and shall have responsibility for carrying out the mission of the Church in its own area.

14. A Local Church shall be led by a Ministry Leader, who shall be appointed by the Bishop. The Ministry Leader shall be part of the ministry team for that Local Church.

15. The Diocesan office shall have responsibility for administering a Local Church’s finances.

16. A Local Church shall have responsibility for:

(a) paying its full cost of its Ministry Leader, contributions to the Synod budget, costs of maintaining and properly insuring its buildings, furniture and equipment, and the wages of its employees (and may also be supported for new missional initiatives by the rest of the Diocese from a grant from Diocesan Mission Funds) in a financially sustainable way.

(b) negotiating with the Diocese over the appropriate financial contribution to be made from the Local Church as a whole, in terms of the Finance Statute 1985 or any amending or substituted statute.

17. The Local Churches in the Diocese shall jointly hold an “Annual Conference of Local Churches” which shall be chaired by the Bishop. This is to serve as a forum for discussion of mutual issues and also the election of Synod representatives as set out in clause 39(b).

Constitution

18. Every ministry unit which is constituted at the date that this Statute comes into force shall be then continued in accordance with the detail in the First Schedule. Its area of responsibility shall be defined by its existing boundaries, or if there are no boundaries, such general area as shall be defined by the Diocesan Council.

19. (a) The Southern Coastal Regional Deanery and the Hokonui Regional Deanery are hereby constituted, and set out in the First Schedule.

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(b) The Waikouaiti Local Church is hereby constituted and set out in the First Schedule.

20. New Parishes, Regional Deaneries and Local Churches may be constituted or dissolved, and the areas of responsibility of Parishes, Regional Deaneries and Local Churches may be changed, in the manner set out in Part 6.

21. Regional Deaneries, Local Churches and Parishes may be suspended or dissolved in the manner provided in Parts 5 and 6.

22. Diocesan Council shall:

(a) Maintain a list of Parishes, Regional Deaneries and Local Churches constituted under Sections 18, 19 and 20, together with the dates of their constitution and the area for which they are responsible.

(b) Append to that list a statement of the form of governance adopted in each faith community in accordance with Part II of this Statute.

(b) Amend the list from time to time by making the appropriate additions and

deletions. That list and its amendments shall constitute the First Schedule of this Statute.

Transitional Period of new structures

23. The list of Parishes, Regional Deaneries and Local Churches presently in the First Schedule shall, to the extent that it states the form of governance adopted in any particular faith community, be transitional only. Any faith community may apply to Diocesan Council at any time by 1 January 2016 to have their entry described in a way which more accurately reflects the form of governance adopted in that faith community.

24. The inclusion of the name of any Parish, Regional Deanery or Local Church in the First Schedule shall be evidence of its due constitution and the form of governance adopted in that Ministry Unit.

25. Unless otherwise approved by the Diocesan Council

(a) Every Parish shall be styled “Parish of [Name of Parish]”(b) Every Regional Deanery shall be styled “ The [Name of Regional

Deanery] Regional Deanery”(c) Every Local Church shall be styled "[Name of Church] in the Diocese of

Dunedin”.

PART II: GOVERNANCE

SUB-PART A: GENERAL

Governing bodies

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26. (a) The governing body of a Parish shall be a Vestry.

(b) The governing body of a Regional Deanery shall be a Deanery Council.

(c) The governing body of a Local Church shall be a Church Committee.

27. The responsibility of each governing body shall be:

(a) To promote the worship of God, and to provide all things that are necessary for the ordering of public worship;

(b) To take counsel together for the fostering of the spiritual growth of and well-being of the church members, and of all persons within the area of the Parish, Regional Deanery or Local Church;

(c) To bring before church members the call of the mission of the Church in their community and in the world at large, and generally to seek the coming of Christ's Kingdom;

(d) To work in co-operation with all faith communities in their area, and to use its best endeavours to ensure that these communities work in harmony and common agreement to further the mission of the Church;

(e) To foster good understandings between its faith communities and those carrying out the ministry of Te Pihopatanga or the Diocese of Polynesia in the same district;

(f) To encourage ecumenical links with those carrying out the ministry in other churches and Christian religious communities in the same district.

28. Governing bodies shall have the management powers and follow the procedures set out in “Part A”, “Part B” and “Part C” of the Second Schedule respectively.

29. All matters of administration not expressly committed to a General Meeting or to a particular officer shall be the responsibility of the governing body.

30. Every officer and every member of a governing body shall have been baptised, and shall be enrolled as a member of that Parish, Regional Deanery or Local Church, and shall be qualified to enter and to remain a member under Statute No 38, ”The Members of Boards and Committees Statute 2006”.

31. Every Vestry, Deanery Council or Church Committee member, and every officer of a Parish, Regional Deanery or Local Church shall upon their election or appointment make the declarations set out in the Fifth Schedule, and the declarations required by Statute No 38, ”The Members of Boards and Committees Statute 2006”.

32. The Vestry of a Parish or Deanery Council of a Regional Deanery shall elect

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in each year, at their first meeting following the election of its own members, four Nominators, and thereafter shall fill any casual vacancy amongst those nominators, in terms of Statute 4, The Appointment and Licensing of Clergy Statute 1992.

33. The Vestry of a Parish or Deanery Council of a Regional Deanery and the Church Committee of a Local Church shall keep the records and make the returns to the Diocesan Registrar as required by the Third Schedule.

34. A Vestry and Deanery Council shall have power to delegate its powers to subcommittees, and appoint other officers, in addition to those provided for in this Statute.

35. A Local Church Committee shall have the power to delegate its powers to subcommittees, and appoint such other officers, in addition to those provided for in this Statute.

Officers

36. The principal officer(s) of a Vestry, Deanery Council or Church Committee shall be the churchwarden(s).

37. All offices filled by appointment shall be held at the will of the body which made the appointment.

38. The responsibilities of the churchwarden(s) shall be:

(a) To be the lay leaders of their faith community.

(b) To be the spokespersons for the Vestry, Deanery Council or Church Committee.

(c) To provide leadership in helping the Vestry, Deanery Council or Church Committee to meet their responsibilities, and to support and encourage the work of the Vicar, Regional Dean, Ministry Leader or other clergy.

(d) With the Chair, to ensure that the governing body is properly informed about matters for which it is responsible, and that any decisions taken by the governing body are carried into effect.

(e) To have the superintendence of the buildings, furniture and equipment required for the work of the Parish, Regional Deanery or Local Church, and to report to the governing body from time to time on their state and any need for repair, replacement, improvement or insurance.

(f) To ensure the provision of all things required for public worship, and the preservation of order during services; and (without prejudice to the powers in that regard of the governing body) each churchwarden shall have authority to warn a person to leave or to stay away from any church or property under the churchwardens' superintendence.

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(g) To call general meetings.

(h) To ensure that there is a proper system of accounting for collections and all other moneys received and that all financial liabilities and responsibilities (including moneys payable to the Diocese) are duly discharged.

(i) To ensure the keeping of records and making of returns as required by the Third Schedule.

(j) To present a budget to the Annual General Meeting of the Parish, Regional Deanery or Local Church in accordance with Clause 4.3 of the Regulations attached to The Finance Statute 1985.

(k) To be responsible for the Parish, Regional Deanery or Local Church during a vacancy or during the illness or the incapacity of the Vicar, Regional Dean, or Ministry Leader.

(l) To ensure that there are strong links between the Parish or Regional Deanery or Local Church and the Diocese and the Bishop;

(m) In conjunction with the Vicar, Regional Dean or Ministry Leader to report to the Bishop in terms of section 92, as regards any serious difficulties which arise or may arise in the faith community.

Synod representatives

39. (a) Every Parish and Regional Deanery may elect two lay Synod representatives under the “Diocesan Synod and Synod Council Statute 1994”.

(b) Local Churches shall jointly hold an Annual Conference of Local Churches, chaired by the Bishop. One item of business shall be to elect two lay Synod representatives under the “Diocesan Synod and Synod Council Statute 1994”. Each Local Church shall have one vote for each vacancy.

(c) Provided that, when, in the opinion of the Bishop, an individual Local Church gets large enough, and the Bishop deems it appropriate, the Bishop may bring to Synod a recommendation that the Local Church have Synod representation in its own right at the same level as a Parish or Regional Deanery.

40. Every Synod representative shall have the responsibility:

(a) to be informed of the concerns of the Vestry, Deanery Council or Church Committee and of all the faith communities to which they report;

(b) to ensure that those concerns are properly represented at Synod;

(c) to move, speak and vote in Synod according to the representative's own

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judgement and conscience;

(d) to report back to the Local Church or in the case of a Parish and Regional Deanery, all the faith communities in the Parish or Regional Deanery after each session of Synod;

(e) to be informed of the activities of Synod and the Diocesan Council and to represent views formed and decisions taken at that level to the Local Church, Parish, Regional Deanery and its faith communities.

41. (a) Each faith community in a Regional Deanery and a Parish respectively, shall consult with each other before each session of Synod to establish how the Synod representatives shall obtain the views of faith communities on matters before Synod, and how Synod's deliberations shall be reported back.(b)At the Annual Conference of Local Churches, before each session of Synod, it shall be determined how the Synod Representative(s) shall obtain the views of the local churches on matters before Synod, and how Synod’s deliberations shall be reported back.

General meetings

42. Any Parish, Regional Deanery or Local Church may call a general meeting of its members, following the procedures set out in the Second Schedule, Part C.

43. All persons whose election is provided for in this Statute, shall be elected at a general meeting of the members of the Parish, Regional Deanery or Local Church concerned.

44. Except in the case of powers expressly conferred on general meetings by this Statute, the function of a general meeting is to make recommendations and not to make management decisions.

Limitations on management powers

45. No Church or building used as a Church shall be erected, and no change shall be made to any such existing Church or building, and no article shall be erected or placed in it, or altered or removed without a Faculty from the Bishop, in accordance with the procedures set out in Part 1 of the Fourth Schedule.

46. No land shall be bought, sold or leased, no monument shall be erected , and no building shall be acquired, erected , or leased, altered or disposed of without the prior written approval of the Diocesan Council and of the Diocesan Trust Board, in accordance with the procedures set out in Part 2 of the Fourth Schedule to this Statute, the written consent of the Vicar or Regional Dean or (if there is no Vicar or Regional Dean), the Bishop and the Churchwardens of the Parish, Regional Deanery or Local Church and a Faculty (if required under Part 1 of this clause) has been issued by the Bishop.

47. A project for:

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(a) the carrying out of a purpose other than the provision of worship and ministry

within the local area, and activities usually associated with that purpose; or(b) for the use of the name of the Parish, Regional Deanery or Local Church or

Diocese, or of the word "Anglican", in respect of any such purpose, whether carried out by the Parish, Regional Deanery or Local Church or by some other person or entity; or

(c) which requires or has the possibility of requiring the commitment of significant financial or other resources of the Parish, Regional Deanery or Local Church, or of any funds under the control of the Diocesan Council; or

(d) which involves significant financial risk must not be undertaken by a Parish, Regional Deanery or Local Church without the prior written approval of the Diocesan Council and Diocesan Trust Board, in accordance with a process comparable to that set in Part 2 or the 4th Schedule to this Statute. The written consent of the Vicar or Regional Dean or Ministry Leader (or, if there is no Vicar or Regional Dean or Ministry Leader, then the Bishop) and the Churchwarden(s) of the Parish, Regional Deanery or Local Church is also required.

48. For the purposes of clause 5(b) of the Second Schedule and of Clause 8 of the Fourth Schedule, the term “lease” means

(a) any lease for a longer period than one year;

(b) any licence to use or occupy the whole or a defined part of the land continuously for a period longer than one year; and further includes any lease or licence, of whatever period, which is consequent upon or associated with the cessation of services of worship on the land.

49. For the purpose of section 47, a financial commitment is “significant” if in any one year it will:

(a) exceed $30,000 or one quarter of the annual budget of the Parish, Regional Deanery or Local Church making the decision, whichever is the lesser, and is not an undistinguished part of the established running costs of the Parish, Regional Deanery or Local Church.

(b) a financial risk is “significant” if it may result in any future year in the expenditure of $30,000 or one quarter of the annual budget of the Parish, Regional Deanery or Local Church making the decision, whichever is the lesser, and would not ordinarily be provided for as an undistinguished part of the future running costs of the Parish, Regional Deanery or Local Church.

50. Anything done in the interests of a Parish, Regional Deanery or Local Church by

(a) any company, corporation, trust, charity, incorporated society or other body

controlled by persons a majority of whom are appointed or elected by that Parish, Regional Deanery or Local Church; or

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(b) any subsidiary or other body created or controlled by that body;will be taken as having been done by the Parish, Regional Deanery or Local Church

SUB-PART B: PARISHES

51. The governing body of a Parish shall be a Vestry, which shall have power to administer the business affairs of the Parish and to provide and care for the buildings, furnishings and equipment required for the work of the Parish, and to make provision for clergy in terms of Part III of this Statute.

52. The Parish vestry shall consist of: (a) The Vicar or other person appointed to Vestry in terms of section 80.

(b) The Churchwardens.

(c) Not less than three and not more than ten members of the Parish elected at a general meeting of the parish.

(d) The Synod representatives of the Parish.

53. (a) One churchwarden shall be appointed by the Vicar, and one shall be elected at a general meeting of the Parish.

(b) If there is no Vicar, then the Bishop shall appoint a Bishop's warden in place of the Vicar's warden. The Bishop may call for nominations within the Parish, and may choose such method of obtaining nominations as the Bishop thinks fit.

(c) In the event of a vacancy in the office of Vicar, the churchwarden appointed by the former Vicar shall remain in office until a new Churchwarden is appointed.

(d) In the event of a vacancy in the office of Vicar being filled, the Vicar may appoint a churchwarden to replace the Bishop's warden.

(e) Every churchwarden shall at the time of their election or appointment be a member of the Parish, and shall retire from office on ceasing to be a member of the Parish.

SUB-PART C: REGIONAL DEANERIES

54. The governing body of a Regional Deanery shall be a Deanery Council, which shall have power to administer the business affairs of the Regional Deanery and to provide and care for the buildings, furnishings and equipment required for the work of the Regional Deanery, and to make provision for clergy in terms of Part III of this Statute.

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55. The Regional Deanery Council shall consist of:

(a) The Regional Dean or other person appointed to Deanery Council in terms of section 80.

(b) The Churchwardens

(c) Not less than three and not more than ten members of the Regional Deanery (elected as agreed and detailed in the Memorandum of Understanding as set out in section 10)

(d) The Synod representatives of the Regional Deanery.

56. (a) A minimum of one churchwarden(s) shall be appointed by the Regional Dean. Other churchwarden(s) shall be elected at a general meeting of the Regional Deanery or otherwise appointed in accordance with the Memorandum of Understanding.

(b) If there is no Regional Dean, then the Bishop shall appoint a Bishop's

warden in place of the Regional Dean’s warden. The Bishop may call for nominations within the Regional Deanery, and may choose such method of obtaining nominations as the Bishop thinks fit.

(c) In the event of a vacancy in the office of the Regional Dean, the churchwarden(s) appointed by the former Regional Dean shall remain in office until a new Churchwarden(s) is appointed.

(d) In the event that a vacancy in the office of Regional Dean being filled, the Regional Dean may appoint a churchwarden to replace the Bishop's warden.

(e) Every churchwarden shall at the time of their election or appointment be a member of the Regional Deanery, and shall retire from office on ceasing to be a member of the Regional Deanery.

(f) In addition to their responsibilities, the Churchwardens shall maintain links with each faith community in the Regional Deanery.

57. The Deanery Council shall be obliged to consult with any faith community within the Regional Deanery about any matter having to do with the administration of the church’s affairs in that area.

58. The Deanery Council shall, for the purposes of Statute 14, The Finance Statute 1985, serve as the Parish Unit, and use its best endeavours to settle by agreement the amount of the contribution made by the Regional Deanery to the Synod budget, and the proportion of that amount to be paid from funds attributable to each faith community within the Regional Deanery. In the event, of any failure to agree, the Deanery Council shall determine what that contribution and those proportions shall be.

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59. Consolidated financial accounts shall be kept for a Regional Deanery, with separate or partially separate accounts being allowed for each of its faith communities.

SUB-PART D: LOCAL CHURCHES

Church Committees of Local Churches

60. The governing body of each of the Local Churches shall be a Church Committee which shall, in conjunction with the Diocese, administer the business affairs of the Local Church and provide and care for the buildings, furnishings and equipment required for the work of the Local Church, and to make provision for clergy in terms of Part III of this Statute. The Church Committee, together with the Diocese, shall be responsible for drafting and submitting an annual budget for approval to the Diocesan Council and Bishop.

61. The members of the Church Committee of each Local Church shall be the Ministry Leader (who shall be the Chair of meetings of the Committee, unless he or she delegates otherwise), The Warden, as appointed by the Bishop under clause 62, and such others as determined in consultation with the Bishop and Local Church.

Churchwardens

62. (a) Each Local Church shall have one churchwarden, such appointment to be made by the Bishop. The Bishop may appoint one person to hold both offices of a Ministry Leader and Churchwarden of a Local Church.

(b) Every churchwarden shall at the time of their election or appointment be a member of the Local Church as the case may be, and shall retire from office on ceasing to be a member of the Local Church.

(c) The Churchwarden shall, in addition to their other responsibilities maintain links with the Diocese, and the Annual Conference of Local Churches.

SUB-PART E: TEMPORARY AND TRANSITIONAL ARRANGEMENTS

63. Notwithstanding anything in this Part or in sections 4-22, the Diocesan Council may, on the recommendation of the Bishop, provide alternative arrangements for the constitution of faith communities, where in the view of Diocesan Council:

(a) the arrangements previously made are impracticable or unsuitable, and temporary provision needs to be made until a constitution conforming to this statute can be put into effect; or

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(b) faith communities are in transition to another form of constitution, and it is helpful to the transition to make alternative provision;

provided the arrangements conform as closely as may be practicable to the forms of constitution provided in this Statute.

64. Every Vestry, Deanery Council or Church Committee which considers that its present governance arrangements cannot be made to conform to this Part, must apply to Diocesan Council for approval under s 63, no later than 1 January 2016. The application may be expressly included in an application made under section 20.

65. No faith community shall be placed under temporary or transitional arrangements under section 63 for a period of longer than three years, without the approval of Synod, after considering a report from the Bishop.

66. Synod may give its approval unconditionally, or on such terms (including review of the approval after a fixed or indefinite period) as Synod may determine.

PART III: CLERGY AND PUBLIC WORSHIP

Clergy

67. The clergy shall consist of:

(a) Vicars(b) Regional Deans(c) Ministry Leaders (where a Ministry Leader is ordained)(d) Other Stipendiary Clergy(e) Non-Stipendiary Clergy

68. Two or more persons may be appointed as Co-Vicars to a Parish, or as Co-Regional Deans to a Regional Deanery. Any Co-Vicar or Co- Regional Dean shall be entitled to act singly, and be appointed singly to any position to which a Vicar or Regional Dean might be appointed.

69. No clergy shall serve in any Parish, Regional Deanery or Local Church without a licence or permission of the Bishop.

70. All stipendiary clergy shall be appointed in the manner laid down by Statute 4, The Appointment and Licensing of Clergy Statute 1992, and in accordance with the Diocesan policy on clergy appointments in force at that time and in particular with any Regulations made under Statute 27, The Stipend and Allowances Statute 1972.

71. All costs of clergy attributable to their service within, or superintendence of clergy serving within, any Parish, Regional Deanery or Local Church,

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including (where clergy are entitled to it), stipend, allowance, housing provisions, leave, pension and insurance arrangements, shall be borne by that Parish, Regional Deanery or Local Church.

Vicars, Regional Deans and Ministry Leaders

72. (a) A Vicar or Regional Dean shall be an ordained minister receiving either full or part stipend.

(b) A Ministry Leader must be licensed as a Ministry Leader by the Bishop (but need not be ordained). A Ministry Leader shall only be appointed on terms agreed between the Bishop and the Local Church concerned.

(c) Every Parish, Regional Deanery and Local Church, shall make financial provision for the appointment of a Vicar, Regional Dean or Ministry Leader respectively.

(d) A Vicar, Regional Dean or Ministry Leader may be responsible for more than one ministry unit.

(e) In exceptional circumstances the Bishop may, on the application of the Parish, Regional Deanery or Local Church concerned, and with the consent of the Diocesan Council, waive any of the requirements of this section.

73. (a) Every Vicar or Regional Dean shall be appointed in terms of Statute 4, The Appointment and Licensing of Clergy Statute 1992; provided that the Bishop shall not convene a meeting of the Board of Nomination to appoint a Vicar or Regional Dean until satisfied that there is agreement between the Parish or Regional Deanery as to how the clergy costs of the Vicar or Regional Dean and the costs of maintaining and running the Vicarage shall be paid.

(b) Where there is no Vicar in a Parish, or Regional Dean in a Regional Deanery the Bishop may licence the holder of one of the other offices provided for in section 6 of the "Appointment and Licensing of Clergy Statute 1992" to carry out the responsibilities of a Vicar or Regional Dean in the Parish or Regional Deanery on a provisional or interim basis.

74. The responsibility of the Vicar or Regional Dean for each faith community in their care shall be to:

(a) Provide spiritual leadership to the community, and to promote the spreading of the Christian faith within the Anglican tradition.

(b) In conjunction with the Churchwardens and the governing body of the community, provide both spiritual and temporal leadership in meeting the responsibilities of the faith community.

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(c) Build up Christ’s congregation, strengthen the baptised and lead them as witnesses to Christ in the world.

(d) Seek out people who will share a ministry of leadership with the Vicar or

Regional Dean, and monitor the programme of spiritual growth and education undertaken by those ministers, relating to every aspect of their ministry and the skills and personal qualities they need to exercise their roles.

(e) Support and nurture the congregation and its ministers, providing them with resources, education, guidance and opportunities to develop their skills, so as to assist them in their ministry role.

(f) Provide pastoral care for members of the community of worship.

(g) Care for those in the faith community, participating regularly in its activities, encouraging the development of mutual care within the community, ensuring that those who seek guidance and help can get it; provide a continuing and significant presence in the faith community, dealing with any problems the ministers may have, and with tension, or the possibility of tension, within the community.

(h) Provide a link between faith communities and the wider church, representing the vision of the Bishop and the Diocese to the people, and the vision of the people to the Bishop and the Diocese.

75. The responsibility of a Ministry Leader shall be decided in conjunction with the Bishop, and shall include:

(a) To provide spiritual leadership to the community, and to promote the spreading of the Christian faith within the Anglican tradition;

(b) To provide a link between the Local Church and the wider church, representing the vision of the Bishop and the Diocese to the people, and the vision of the people to the Bishop and the Diocese.

Other Clergy

76. In the case of part-time stipendiary appointments, or stipendiary appointments which relate to ministry which is shared between two ministry units:

(a) the appointment shall be in terms of a Letter of Offer from the Bishop

(b) the Letter of Offer shall be counter-signed by the representatives of every ministry unit in which the clergy will serve

(c) the Letter of Offer shall expressly state the proportion of the clergy costs that each ministry unit shall pay.

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77. Subject to sections 69, 70 and 71 a Parish or Regional Deanery may appoint non-stipendiary clergy, whether for a fee or upon a voluntary basis.

78. No clergy shall be entitled to be paid any remuneration or other emolument by any faith community for performing any official or religious function save as may be expressly agreed or as may be imposed by the general law governing remuneration for services.

Responsibilities of Clergy

79. (1) The character and basic principles of ordained ministry are set out in the

ordination liturgies of the Church, and the effective and primary accountability of any clergy serving in the Diocese, for the fulfilment of such character and principles, is to the Bishop.

(2) Clergy called to serve in an official capacity in any faith community shall have the further responsibility:

(a) to co-operate with the Churchwarden(s) the Vestry, Deanery Council and Church Committee in the total ministry of the faith community;

(b) to determine (in conjunction with other persons having responsibility for the service), the style and content of any service of worship in which he or she is involved;

(c) to provide spiritual leadership, and such guidance in temporal matters as may seem appropriate;

(d) to use best endeavours to work with the Vestry, Deanery Council or Church Committee to settle a job description covering the major aspects of that clergy person's service in that faith community.

but shall in all things be subject to the Constitution and Canons of this Church and the Statutes of this Diocese, and, in any disputes over their responsibilities, to any determination issued by the Bishop.

80. (1) The following provisions concerning the appointment of an ordained minister as a member of the Vestry, Deanery Council or Church Committee (but not necessarily as it’s Chair) shall apply:

(a) Where there is an Ordained Minister responsible within the Parish, Regional Deanery or Local Church, then they (or an ordained minister nominated by the Vicar, Regional Dean or Ministry Leader) shall be a member.

(b) Where there is no ordained minister responsible within the

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Parish, Regional Deanery or Local Church, then the Bishop may appoint an ordained minister as a member.

(2) Save as provided in sub-section (1), no ordained minister shall by reason of his or her calling, or licence to officiate in any ministry unit, be required to hold any official position in or be a member of any Vestry, Deanery Council or Church Committee; provided that any clergy licensed to a Parish, Regional Deanery or Local Church shall be entitled to attend meetings of the Vestry, Deanery Council or Church Committee of the same with a right to speak but not to vote.

Provision of public services of worship

81. (1) Each Parish and Regional Deanery shall have responsibility to make provision for a public service of worship on each Sunday at a fixed and settled place of worship within the area of the Parish or Regional Deanery.

(2) Every Local Church shall have responsibility to make provision for regular public services of worship.

(3) Each Parish, Regional Deanery and Local Church shall be responsible to make provision for such further or other forms of worship as may be negotiated and agreed upon with the Bishop.

(4) The governing body of a Parish, Regional Deanery or Local Church shall be responsible to make adequate provision for clergy so as to ensure that, in conjunction with any lay ministers or other lay persons who are available and licensed to conduct or assist in services of public worship, these public services of worship can be held.

(5) The Bishop may if it is in the interests of the mission of the Church to do so:

(a) define more precisely the responsibility of a Parish, Regional Deanery Local Church under this section;

(b) after consulting with the Diocesan Council, fix the responsibilities of any particular Parish, Regional Deanery or Local Church in a way that does not conform with this section.

82. The voluntary offerings of the congregation, and the funds proceeding from any other source under the control or for the benefit of the Parish, Regional Deanery or Local Church (being funds from which ordinary clerical income is or may be derived), shall stand charged with and shall be applied firstly to any unpaid costs of clergy, including stipend and all other benefits, and secondly to the cost of reimbursing the Diocese for meeting any such costs which have not been met by the Parish, Regional Deanery or Local Church.

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83. The Churchwarden(s) and Vestry of any Parish, Deanery Council of a Regional Deanery or Church Committee of a Local Church and the Trustees of any site on which it stands, shall allow the free use of any such church to any clergy or licensed Lay Minister authorised by the Bishop to officiate therein.

84. The church, the Sacramental vessels, and all other things appertaining to the church, shall be at the disposal of any clergy appointed to serve in an official capacity in the Church, for the celebration of Divine Service, for the administration of the Sacraments, for catechetical and other religious instruction, for marriages and funerals, and all other rites and ceremonies authorised by the Church, at all such times as may be reasonable having regard to the functions he or she is called upon to perform. For that purpose, all licensed clergy shall have possession of, or access to, a set of the keys of the church.

PART IV: MEMBERSHIP AND GENERAL MEETINGS

Membership and Church Rolls

85. Every baptised person who satisfies the Vicar, Regional Dean, Ministry Leader or the Churchwardens, or other person appointed by the relevant governing body to keep the parish roll, that he or she wishes to be a member of the Parish, Regional Deanery or Local Church, shall be entitled to be a member.

86. (1) The Churchwardens shall make provision for a membership roll to be kept of every person who is a member of the Parish, Regional Deanery or Local Church.

(2) The roll shall include the name, address, contact details and occupation of every person who:

(a) is known to the Vicar, Regional Dean, Ministry Leader or the Churchwardens to have been baptised and to have attended services of worship in that Parish, Regional Deanery or Local Church on a regular basis for the previous two months; or

(b) has signed a written declaration that she or he is baptised and is a member of the Anglican Church and;

(i) that he or she wishes to be a member of the Parish, Regional Deanery or Local Church; or

(ii) that she or he is resident in the area for which that Parish, Regional Deanery or Local Church has responsibility.

(3) No person may be on the membership roll of more than one Parish, Regional Deanery or Local Church.

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(4) The Churchwardens shall ensure that the roll is kept current, by the addition of persons who are entitled to be included thereon, and by the removal of those who are known to have died, or left the Parish, Regional Deanery or Local Church, or no longer wish to be on the roll.

87. Any person may vote at a General Meeting of the Parish, Regional Deanery or Local Church who has been on the membership roll for two months or more, or who satisfies the Chair of the meeting that at some time during the previous year he or she was entitled to be placed upon the Roll by reason of Section 86(2)(a).

Meetings

88. Every Parish, Regional Deanery and Local Church shall hold an annual general meeting of the members on or before the 31st March of each year, at a date and time to be fixed by the Vicar or Regional Dean or Ministry Leader or, if there is no Vicar or Regional Dean or Ministry leader, by the Churchwardens in consultation with the governing body.

89. A special general meeting of the members of a Parish or Regional Deanery shall be convened by the Churchwardens if the Vicar, Regional Dean or relevant governing body request it.

90. Any member of a Local Church may petition the Bishop to exercise his or her discretion to hold a special general meeting of that Local Church.

Calling and Conduct of meetings

91. (a) Parish and Regional Deanery meetings shall be called and conducted as provided in Part C of the Second Schedule.

(b) Local Churches meetings shall be called and conducted as closely to the provisions of Part C of the Second Schedule as is appropriate.

PART V: RESPONSIBILITIES OF BISHOP

Providential Oversight

92. The Bishop shall have the oversight of all matters relating to Parishes, Regional Deaneries and Local Churches, and shall use the best endeavours to ensure the efficient and harmonious functioning of all church communities, and the better achievement of the mission of the Church in the Diocese.

93. In the event that serious difficulties arise, or may arise, in any faith community, the Churchwardens, in conjunction with the Vicar or Regional Dean or Ministry Leader, should inform the Bishop of the situation.

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Disputes

94. In the event of any dispute in respect of any matter arising out of the application of the provisions of this statute, all appropriate efforts will be made to resolve the dispute by agreement and conciliation.

95. If that fails, then (subject to the provisions of the Constitution and Canons of this Church and the Statutes of the Diocese) the matter shall be referred to the Bishop for adjudication by the Bishop or by some person or persons nominated by the Bishop. Upon receiving such reference, the Bishop may elect:

(a) To consider the reference, in which case any determination shall be final.

(b) To decline to consider the reference, in which case the parties shall take whatever action or legal proceeding as may be open to them.

(c) To defer consideration of the reference pending a review of the Parish or Regional Deanery or Local Church in which the dispute has arisen, in which case neither party shall take any further steps in the dispute until the review is complete.

Default by Parish or Regional Deanery or Local Church

96. In the event that any Parish or Regional Deanery or Local Church has made default in meeting its financial commitments to the Synod budget in terms of Statute 14 The Finance Statute 1985, then:

(a) The Bishop may institute a review of the Parish or Regional Deanery or Local Church; and thereafter,

(b) Having given due notice to the Parish, Regional Deanery or Local Church, the Bishop with the prior sanction of Diocesan Council, may terminate the licence and the appointment of any clergy, in so far as it relates to that Parish, Regional Deanery or Local Church, by giving the period of notice specified in the licence or in the appointment.

97. If it appears to the Bishop that the responsibilities of any Parish, Regional Deanery or Local Church are not being properly or effectively undertaken, or that it is no longer able to conduct its affairs in the manner specified in this Statute, the Bishop may initiate an investigation of its affairs.

98. If in the course of that investigation the Bishop and Diocesan Council are satisfied:

(a) that regular services of worship are not being held in accordance with section 81 or

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(b) that the Parish, Regional Deanery or Local Church is more than three months in arrears in meeting its financial responsibility to the Synod budget, or is or will be unable to pay its debts as they fall due; or

(c) that the Parish, Regional Deanery or Local Church has failed to hold an Annual General Meeting, or has held such a meeting and it has lapsed for want of a quorum (as defined in clause 15 of the Second Schedule), and that no further efforts have been made to hold a meeting, or that such efforts have been made and have failed; or

(d) if there has been a serious and persistent failure to carry out any other statutory responsibility of the Parish, Regional Deanery or Local Church, or to keep proper control and oversight of its affairs; then (subject to the provisions of section 97) the Bishop may dissolve the Parish, Regional Deanery or Local Church or suspend its activities.

99. In the event of the dissolution or suspension of a Parish, Regional Deanery or Local Church, all property under its control shall pass into the Diocese to be available for its general purposes, and shall be committed in the first instance to the Bishop to allow such arrangements to be made as will, in the opinion of the Bishop, carry out the mission of the Church in that area.

100. (1) Clergy appointments, and other financial commitments entered into by a Parish, Regional Deanery or Local Church shall not terminate by reason only of its suspension or dissolution under the provisions of section 98

(2) No dissolution of a Parish, Regional Deanery or Local Church shall be final until ratified by Synod.

PART 6: APPLICATION TO FORM NEW PARISH, REGIONAL DEANERY OR LOCAL CHURCH

Alteration of Existing Arrangements

101. New Parishes, Regional Deaneries and Local Churches may be formed, and the

area for which a Parish, Regional Deanery or Local Church is responsible may be changed, with the approval of the Bishop in terms of this part of the Statute. Approval may be granted on a temporary or a permanent basis.

102. The following applications may be made to the Bishop, after due consultation has been undertaken in terms of the Sixth Schedule:

(a) Any three or more members of a faith community may apply to the Bishop to form a Local Church.

(b) Any Parish, Regional Deanery or Local Church(es) may (whether or not

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in conjunction with any other faith community) apply to form a new Parish or Regional Deanery or Local Church or to change the boundaries or to dissolve the existing ministry unit.

103. The procedure for the application, and the steps which are to be taken before it is approved, are set out in the Sixth Schedule.

Approval of Application

104. If the Bishop has elected to refer the application to Diocesan Council in terms of Clause 8(a) of the Sixth Schedule then:

(1) Upon receiving a favourable report from the Diocesan Council and considering all matters which may be relevant to the application, the Bishop may:

(a) Approve the application as a provisional basis for the conduct of mission and Anglican worship in the designated area.

(b) Approve the application as a permanent basis for the conduct of mission and Anglican worship in the designated area.

(c) Decline the application.

(2) Any approval shall be granted on such terms and conditions as the Bishop may think fit, including specific instructions on the forms of Divine Worship which may be conducted by persons who are not ordained ministers.

(3) Any approval on a provisional basis shall provide for the arrangement to continue for a term of not more than two years, such term being however renewable on one or more occasions.

(4) Any approval on a permanent basis, and any approval for a new Parish or Regional Deanery or Local Church, or for an alteration of the existing boundaries of the same, must be ratified by Synod at an Ordinary Session, due notice having first been given to the Diocesan Council not later than three months before that Session.

Procedure after Formation of New Parish, Regional Deanery or Local Church

105. (1) Where the formation of any new Parish, Regional Deanery or Local Church is approved under this Statute:

(a) The Vicar or Regional Dean with responsibility for the Parish or Regional Deanery shall forthwith appoint a Churchwarden.

(b) If there is no Vicar or Regional Dean, and in the case of a Local Church, the Bishop shall appoint a Bishop's warden in place of the Vicar or Regional Dean’s warden, after calling for nominations within the Parish or Regional Deanery in any way the Bishop may choose.

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(c) A meeting of all who would qualify for inclusion on the roll in terms of Sections 85, 86 or 87, shall be called and shall elect a further Churchwarden and members of the governing body, as if it were an annual general meeting.

FIRST SCHEDULE

Abbreviations:P = Parish LC = Local Churches RD = Regional Deanery

Part A: Parishes

Name of Parish

1. Balclutha2. Caversham3. Dunedin North4. Dunstan5. Fiordland6. Gladstone/Stewart Island7. Gore & Districts 8. Invercargill9. Maniototo10. Middlemarch11. North Invercargill12. Oamaru & Maheno13. Otago Peninsula14. Palmerston15. Port Chalmers16. Roslyn 17. St. Matthew’s, Dunedin18. Taieri19. Upper Clutha20. Waitaki-North Oamaru

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21. Wakatipu22. Warrington23. Western Southland24. Winton25. Wyndham

Part B Regional Deaneries

Name of Regional Deanery

1. Southern Coastal Regional Deanery

Part C: Co-operating Parishes

Name of Co-operating Parish

1. Bluff/Greenhills2. Brockville

Part D: The Cathedral District

Name of District

1. The Cathedral District

Part E: Local Churches

Name of Local Church

1. Balfour2. Lumsden3. Milton4. St Martha’s5. Waikaia6. Waikouaiti

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SECOND SCHEDULE

Powers and Proceedings of Governing Bodies

A. Vestries and Deanery Councils

a. Members and officers

1. Churchwardens, members and officers of Vestry/Deanery Council shall continue in office:

(a) Until written notice of resignation is given to the Vestry/Deanery Council; or

(b) Until a successor is elected or appointed

provided that their office shall terminate automatically if they die, or become disqualified under Statute No 38, “The Members of Boards and Committees Statute 2006”, removed or declared disqualified from office by a competent tribunal, or absent themselves from the Diocese without leave of Vestry/Deanery Council for a period exceeding six months.

2. Vestry/Deanery Council may co-opt a person to fill any casual vacancy (except that of churchwarden appointed by the Vicar or Bishop).

3. The Vicar or Regional Dean will chair general meetings unless they choose to delegate this role with the agreement of a majority of the attendees.

b. Powers

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4. To receive all voluntary contributions and gifts made to the Parish, Regional Deanery or funds or property derived by it from any other source, for the general purposes of the Anglican church, and to apply the same for any purpose for which moneys held for those general purposes can lawfully be applied, following sound accounting and auditing practices, and ensuring wherever possible that more than one person is involved in each of the processes of collecting, accounting for and disbursing money.

Provided that no works or measures shall be authorised without the consent of the Parishioners previously given at a meeting duly convened, and the consent of the Diocesan Council, unless there shall be sufficient money out of the income of the current year in addition to any reserve or special fund available to provide for the payment of Diocesan Dues, the clergy costs, as defined by The Finance Statute, 1985, authorised Salaries and Wages, Insurance, and Interest on Loans and Debts, and also to provide for the complete execution of such works and measures.

5. To receive and hold moneys and other property received by the Parish, or Regional Deanery for specific purposes, and to apply or use it for those purposes. If such moneys or property are held upon trust for a special purpose, that purpose shall be shown in the annual balance sheet.

6. To manage and control and provide for the care and upkeep of all the land and buildings of the Church entrusted to it by the Diocese or otherwise acquired by the Parish or Regional Deanery, provided that:

(a) All such land and buildings shall be vested in the name of The Dunedin Diocesan Trust Board.

(b) No land or building may be sold, mortgaged, or leased for a period of more than ONE YEAR, and no building may be erected on any land, and no structural alteration made to any building, without first obtaining the consent of the Vicar or Regional Dean, the Churchwardens, and the Diocesan Council in accordance with the procedures set out in Part 2 of the Fourth Schedule to this Statute, and a Faculty (if required under part (c) of this clause) has been issued by the Bishop, provided that, the prior consent of the Trustees shall be obtained when the Trustees will be called upon to execute any legal document in respect of any proposal.

(c) No Church or building used as a Church shall be erected, and no change shall be made to any such existing Church or building, and no article shall be erected or placed in it, without a Faculty from the Bishop in accordance with the procedures set out in Part 1 of the Fourth Schedule to this Statute.

7. Except as provided in paragraph 5, to have all the powers of a trustee holding property for the general purposes of the Anglican Church, or for the specific purposes on which any property is in fact held, as the case may be.

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Notwithstanding the provisions of paragraphs (d) and (e) of Section 5 of the principal Statute, no funds or property held for general purposes shall be used or applied for the electoral advancement of any political party, or as part of any campaign to amend or repeal any existing law or introduce new legislation.

8. To enter into contracts and other engagements and to bind its successors thereto, provided that neither the Diocese nor the Anglican Church nor its property shall be made liable to pay or be charged with any debt, demand or obligation which cannot be met out of funds available to Vestry/Deanery Council.

9. To sign all contracts, deeds, cheques and other documents required to be signed informally or under the seal of the Parish, Regional Deanery, by the subscription of two or more signatories. Vestry/Deanery Council may from time to time determine which of its members shall be signatories of all such documents, or any class of them, and the form that such subscription and any seal of the Parish or Regional Deanery shall take.

10. No person selling property to or purchasing property from the Vestry/Deanery Council shall be concerned to enquire whether the property or the proceeds of sale respectively will be applied consistently with the trusts and conditions imposed upon Vestry/Deanery Council by this Schedule or by the provisions of this Statute.

c. Meetings

11. Vestry/Deanery Council shall meet at least once every three months at a time and place to be fixed by the Chair or (if no Chair has been appointed) by the Churchwarden(s).

12. Special meetings may be requested at any time by a majority of members of Vestry/Deanery Council.

13. Vestry/Deanery Council shall be entitled to appoint such officers as it thinks appropriate, whether from amongst its members or not. Any officer who is not a member of Vestry/Deanery Council may be given the power to attend and speak at Vestry/Deanery Council meetings, but not to vote.

14. Notice of Vestry/Deanery Council meetings, and of any adjournment thereof, shall be given to each member and each member attending any such meeting or its adjournment shall be supplied with a written agenda before it begins.

15. The quorum shall be a majority of the members of Vestry/Deanery Council, or (where the membership of the Vestry/Deanery Council consists of more than nine members) five members.

16. No member of Vestry/Deanery Council shall be entitled to attend, speak or vote on any matter in which the member also has a personal interest.

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17. Where a member of Vestry/Deanery Council declares a personal interest and withdraws from the discussion, and a quorum of disinterested members remain, those members may deliberate upon and, by a majority decision, deal with any matter in which the absent member has a personal interest.

18. Decisions of Vestry/Deanery Council may be taken by a majority of those present and voting. The Chair shall have both a deliberative and a casting vote.

19. The Vicar, or Regional Dean or any two members of Vestry/Deanery Council, may requisition for any matter on the agenda to be deferred to the next meeting, or to a special meeting, of Vestry/Deanery Council, in which case that matter shall be deferred and written notice given to members that the matter will be disposed of at that meeting. The deferred matter shall be decided at that meeting unless the Vestry/Deanery Council decides otherwise.

B. Local Church Committees

a. Members

1. The Chair, members and officers of the Local Church Committee shall continue

in office:

(a) Until written notice of resignation is given to the Church Committee; or

(b) Until a successor is elected or appointed

provided that their office shall terminate automatically if they die, or become disqualified under Statute No 38, “The Members of Boards and Committees Statute 2006”, are removed or declared disqualified by a competent tribunal, or absent themselves from the Diocese without leave of the Church Committee for a period exceeding six months.

2. The Church Committee may co-opt a person to fill any casual vacancy.

b. Powers

3. In conjunction with the Diocesan office to:

(a) receive moneys given to it generally for the purposes of the Local Church, and to apply it in the course of carrying out its responsibilities as a Local Church, following sound accounting and auditing practices, and ensuring wherever possible that more than one person is involved in each of the processes of collecting, accounting for and disbursing money.

(b) receive and hold moneys or other property given to the Local Church for the general purposes of the Anglican Church which is not committed to Local Churches, or given for specific purposes. If such moneys or property are held upon trust for a special purpose, that purpose shall be shown in

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the annual balance sheet.

(c) To manage and control and provide for the care and upkeep of all the land and buildings of the Church which have been entrusted to the Local Church.

(d). To have such of the powers of a Vestry (as set out in Part A) in respect of the moneys and property referred to in the preceding clauses, as determined by the Bishop in conjunction with the Local Church and as recorded in a Memorandum between the Bishop and Local Church.

(e). To seek and obtain such information as it may require concerning any funds or property owned by any Local Church or under its care or management, and any contracts it may have entered into, and to report on the same (subject to such conditions of confidentiality as may be appropriate) to the Bishop, the Diocesan Council or Synod.

(f). No person selling property to or purchasing property from the Local Church or from the Diocese on the Local Church’s account shall be concerned to enquire whether the property or the proceeds of sale will be applied consistently with the trusts and conditions imposed upon the Local Church by this Schedule or by the provisions of this Statute.

c. Meetings

4. The provisions of Clauses 11 to 19 of Part A shall apply to Local Churches as if they were Vestries, except for the following:

(a) Special meetings may be requested at any time by one or more members of the Local Church bringing such a request to the Bishop.

C. General Meetings of Parishes, Regional Deaneries and Local Churches

1. Meetings shall be convened by the Churchwarden(s).

2. Reasonable written notice (being not less than seven days) shall be given to members of the date, place and purpose of any general meeting. Such notice may be given by being affixed to a notice-board or other prominent place on the exterior of all places of regular worship in the Parish, Regional Deanery or Local Church and may be in the form contained in the Seventh Schedule, from which other notices may be framed as required.

3. Notice shall also be given at services of public worship on the Sunday before the meeting.

4. Where a general meeting is adjourned, like notice shall also be given of the date, place and purpose of the adjourned meeting.

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5. A general meeting shall have power, in addition to any powers given by this Statute, to make recommendations to the governing body and to the Vicar, Regional Dean or Ministry Leader in respect of any matter concerning the affairs of the Parish, Regional Deanery or Local Church.

6. A quorum of the meeting for a Parish or Regional Deanery shall be 20 members, or a lesser number equal to one tenth of the persons currently on the Roll. In the case of a Local Church, the quorum shall be one third of the number of people on the roll, unless otherwise negotiated with the Bishop.

7. The Vicar, Regional Dean or Ministry Leader will chair general meetings unless they choose to delegate this role with the agreement of a majority of the attendees.

8. All matters considered at a general meeting, including whether or not the meeting is to be adjourned, shall be decided by majority vote of those present and voting. The Chair shall have both a deliberative and a casting vote.

9. The Chair shall have power to rule on all matters of procedure, provided that after such ruling it shall be competent for the meeting to reconsider that ruling and make its own decision.

10. There shall be included in the agenda of an annual general meeting of a Parish, Regional Deanery or Local Church, the following items:

(a) the receipt and consideration of the Regional Dean or Vicar's or Ministry Leader’s annual report

(b) the receipt and consideration of the Churchwardens' annual report

(c) the receipt and adoption of the annual financial statements

(d) consideration and adoption of a budget

(e) general business, including for a Local Church, the election of the members of the Church Committee;

(f ) And, in the case of a Parish or Regional Deanery, the election of churchwardens, Vestry/Deanery Council, synod representatives (as appropriate) and such other officers as the meeting may decide to appoint; an Auditor (who shall not be a member of Vestry/Deanery Council), the fixing of the number of the Vestry/Deanery Council for the following year.

11. There shall be included in the agenda of a special meeting only those matters stipulated in the notice of meeting, and matters relating thereto.

12. (1) The governing body may determine that nominations for elected positions will close before the meeting at which the election is to take place, being not less than 21 days after notice of the meeting is given.

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(2) If, when the closing time has passed, no more nominations have been received for a position or positions than there are vacancies, then the person or persons nominated shall be declared elected.

(3) In any other case, the persons nominated, and no other person, shall stand for election at the meeting.

(4) Nothing in this clause prevents the meeting from electing a person to a vacant position for which, at the time of the meeting, no duly nominated person is standing.

THIRD SCHEDULE

Part A: Records to be kept by Parishes, Regional Deaneries and Local Churches

1. A Parish, Regional Deanery or Local Church Roll,

2. A Terrier, being an inventory of all Church goods and land.

3. Register book of Baptisms, Marriages and Burials.

4. Book for entering the names of all Clergy and Lay ministers officiating in the Church, and the number of Communicants at the celebrations of the Eucharist.

5. A record of all collections.

6. A cash book in the form prescribed from time to time by the Diocesan Council.

7. Annual Financial Statements as prescribed by The Finance Statute 1985.

8. Archives, comprising such Parish, Regional Deanery and Local Church records as Synod shall consider worthy of preservation.

9. A book or books for entering the minutes and resolutions of Parish, Regional

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Deanery Local Church, Vestry, Deanery Council and Local Church Committee meetings.

Part B: Returns to be made by Parishes, Regional Deaneries and Local Churches

Return to Diocesan Office

When Made

1. Churchwardens and Members of Governing Bodies, including Synod Representatives and other offices (when applicable)

Within 14 days of Annual General Meeting.

2. Parish or Regional Deanery NominatorsAfter first Vestry/Deanery Council meeting following the Annual General Meeting

3. Parish, Regional Deanery or Local Church information in the form required by Diocesan Council, including

I. Financial Statements as prescribed by The Finance Statute 1985, relating to the Regional Deanery, Local Church or Parish.By March 31st

II. Statistical information, including the number of:Vicars, Regional Deans, Stipendiary and non-Stipendiary

Clergy.Church buildings, other places of regular worship.Sunday Schools, Youth Groups, Association of Anglican Women’s Groups, Adult Study/Prayer Groups, showing number of members in each, and the number of teachers and/or leaders.Schools in which religious instruction given.Baptisms, Confirmations, Marriages, Funerals.Acts of communion during year, and communicants at Easter and Christmas.Total Sunday attendance.Families for which pastoral responsibility undertaken.Date fixed by the Diocesan Council

4. Copy of Terrier

Within 1 month of any amendment.

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FOURTH SCHEDULE

Part I - Faculties

A Faculty is required for the building of or for changes in or to a Church or a building used as a Church.

1. Proceedings for a Faculty shall be commenced by a Petition to the Bishop.

2. A preliminary enquiry may be made to the Archdeacon, who may, in consultation with the Bishop, waive the requirement of the issuing of a Faculty.

3. Such petition shall be accompanied by a description and plan drawing of the alteration or erection proposed. The Petition should also state: the exact location in relation to existing buildings or fittings; the estimated cost; the materials to be used; whether or not it is a gift, and if so, the giver; and the text of any inscription.

4. The Petition shall be signed by the Vicar or Regional Dean or Ministry Leader

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and Churchwardens on behalf of the Parish, Regional Deanery or Local Church, and shall be sent to the Archdeacon who shall ascertain that Section 5 and the Proviso to Section 3 of Part A of the Second Schedule of this statute has been complied with, and if so, shall forward the Petition to the Bishop together with any comments he or she may wish to make.

5. Upon receipt of the Petition, and with the written approval of the Diocesan Council and of the Diocesan Trust Board as required, the Bishop may issue the Faculty sought, or may consult as he or she thinks fit, provided that the final decision in all cases shall rest with the Bishop.

6. A Faculty may be issued upon such terms and conditions as the Bishop shall think fit.

7. The Petition and Faculty shall be in forms prescribed by the Diocesan Council.

Part II - Land and Buildings

8. The purchase or lease or sale of any land and the acquisition, erection, alteration or disposal (by sale, lease, gift or demolition) of any building and the erection of any monument within the Diocese requires the prior written approval of the Diocesan Council and the Diocesan Trust Board.

9. The Diocesan Council may require the applicant for approval to engage, at the expense of the applicant, the services of a registered architect in connection with the erection or alteration of any building within the Diocese. In all but cases of a minor nature such services are strongly recommended.

10. The process involved in obtaining the approval of the Diocesan Council and the Diocesan Trust Board is as follows:

10.1 The proposal, with sketch plans, including a site plan, and draft specifications shall be submitted to the Diocesan Council.

10.2 Except for a proposal which the Diocesan Council considers to be of a minor nature, the Diocesan Council will appoint a Properties Commission to consider the proposal. The Properties Commission shall consist of at least two Diocesan Property Commissioners together with at least one member of the Parish, Regional Deanery or Local Church concerned and at least one other person from the ministry unit concerned or a neighbouring ministry unit. The Properties Commission will work with the Parish, Regional Deanery or Local Church to ensure that the following issues have been addressed and if necessary will help the ministry unit to address them:

(i) The need and desirability of the proposal, having regard to the foreseeable requirements of the Parish, Regional Deanery or Local Church concerned and of the Diocese.

(ii) The likely effect of the proposal on the ministry of the Parish, Regional

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Deanery or Local Church concerned.

(iii) The method of funding the proposal. The method of funding will be expected to be appropriate to the nature of the project, with respect to the life of the project and the risks relating to it.

(iv) The effect that the proposal is expected to have on the finances of the Parish, Regional Deanery or Local Church concerned, including its ability to continue to fund ministry in the Parish, Regional Deanery or Local Church and to contribute appropriately to the Synod budget.

(v) Whether the proposal is consistent with the general policies of this Church and the Diocese, including the principles of bicultural partnership.

(vi) Such other matters as it considers relevant to the proposal.

10.3 The Commission will report to the Diocesan Council and the Diocesan Trust Board on the proposal and on the issues listed in Clause 10.2 of this Schedule.

10.4 If the proposal is approved in principle in writing by the Diocesan Council and the Diocesan Trust Board it must then be submitted to a General Meeting of Parishioners of the Parish, Regional Deanery or Local Church concerned. Those members of the Commission who are not on the roll of the Parish, Regional Deanery or Local Church concerned may attend and speak, but not vote, at that General Meeting of Parishioners.

10.5 If the proposal approved in principle by the Diocesan Council and the Diocesan Trust Board is approved by a General Meeting of Parishioners, then final plans and specifications, together with a final report from the Commission, shall be submitted to the Diocesan Council and to the Diocesan Trust Board if it has so requested when approving the proposal in principle.

10.6 Travel expenses of the Diocesan Property Commissioners shall be paid at the Diocesan casual rate, and shall be a charge upon the Diocese.

10.7 No unconditional agreement to carry out the proposal shall be entered into, and no construction or demolition in connection with the proposal shall be undertaken, unless and until the proposal has been finally approved in writing by the Diocesan Council and (if its approval in principle was subject to final approval) by the Diocesan Trust Board, and written consent has been given by the Vicar or Regional Dean or (if there is no Vicar or Regional Dean) the Bishop and the Churchwardens of the Parish, Regional Deanery or Local Church and a Faculty (if required) has been issued by the Bishop.

11. (1) The Diocesan Council shall from time to time appoint at least six Diocesan Property Commissioners of whom at least three shall normally be resident in Southland and at least three shall normally be resident in Otago.

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(2) The Diocesan Council shall review the appointments of the Diocesan Property Commissioners following the First Ordinary Session of each Synod and shall either re-appoint or replace a sufficient number of those Commissioners as is necessary to ensure that the requirements of Clause 11.1 of this Schedule are fulfilled.

Part III – Other proposals

12. With respect to other proposals which are not included within the provisions of Clause 8 of this Schedule and involve the carrying out of a purpose other than the provision of worship and ministry within the local area, and activities usually associated with that purpose; or which require or have the possibility of requiring the commitment of significant financial or other resources of the Parish, Regional Deanery or Local Church, the following shall apply:

The Governing Body of the Parish, Regional Deanery or Local Church concerned shall examine the proposal addressing the issues referred to in Clauses 10.2(i) to (vi) of this Schedule, and in doing so shall have the same duties as would an investing trustee in terms of the Trustee Act 1956 and its amendments.

Such examination shall include, but is not limited to, seeking the advice and assistance of the Diocesan Registrar or the Registrar’s nominee and such other professional advice from outside the membership of the Parish, Regional Deanery or Local Church as is appropriate for the proposal.

The Diocesan Registrar or the Registrar’s nominee shall work with the Governing body to ensure that the issues contained in Clause 10.2 (i) to (vi) of this Schedule are addressed.

In any case where a proposal involves the use of money under the control of the Diocesan Council the Diocesan Council shall consider reports from the Diocesan Registrar or the Registrar’s nominee and any professional adviser consulted by the governing body before it approves the use of such money.

All expenses incurred in relation to the requirements of Part III of this Schedule shall be met by the Parish, Regional Deanery or Local Church concerned.

Part IV – Apparent involvement of the Church

Any proposal by a Parish, Regional Deanery or Local Church to use the name of the Parish, Regional Deanery or Local Church or Diocese or the word ‘Anglican’ in association with a purpose other than the provision of worship and ministry within the local area, and activities usually associated with that purpose shall be subject to the consent of the Diocesan Council.

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FIFTH SCHEDULE

Declaration to be made by officers and members of Governing bodies

1. DECLARATION OF ADHERENCE AND SUBMISSION TO THE ANGLICAN CHURCH IN AOTEAROA, NEW ZEALAND AND POLYNESIA

I, A.B. DO DECLARE my submission to the authority of the General Synod/Te Hinota Whanui of this Church established by a Constitution agreed to on the 13th day of June 1857 and as subsequently revised and amended from time to time and to all the provisions of the Constitution from time to time in force to the extent that that authority and those provisions relate to the office of............................../membership of.......................................................and to any other office or membership I may at any time hold.

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AND I further consent to be bound by all the regulations which may from time to time be issued by the authority of the General Synod/Te Hinota Whanui in relation to any such office or membership so long as I hold it;

AND I hereby undertake in consideration of my holding any such office or membership immediately to resign that office or membership together with all the rights and emoluments appertaining thereto whenever I shall be called upon so to do by the General Synod/Te Hinota Whanui or by any person or persons lawfully acting under its authority in that behalf.

2. DECLARATION REGARDING PASTORAL PRACTICE

I declare that I will uphold the Code of Pastoral Practice adopted in this Diocese concerning the ethical practice of clergy and lay people holding a Bishop’s licence, and to all those who minister under Parish/Regional Deanery or Local Church authority. I will ensure that those exercising Pastoral Ministry within the Parish are aware of and understand the Code. I will apply it to my own practice. I will expect compliance with it by others who exercise ministry in this Parish/Local Church/Regional Deanery. And I will support without fear or favour those for whose benefit and protection the Code has been adopted.

Given under my hand this ………… day of ………………………………

In the presence of: ………….....

SIXTH SCHEDULE

Procedure for Approval of New Parish, Regional Deanery or Local Church, or of Changed Responsibilities.

a. Form of Application

1. The application shall state the resources which are or will become available to the proposed Regional Deanery, Local Church or Parish to carry out its functions, together with proposals (if any) for the use of existing resources available to the Regional Deanery, Parish, Local Church or the Diocese in the designated area, and the means which will be used to meet any financial liabilities. It shall offer an estimate of the extent to which it is considered that

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the functions of that ministry unit could be carried out by the proposed Regional Deanery, Local Church or Parish.

2. The application may include a proposal for the dissolution of any Regional Deanery, Parish or Local Church which is obsolete or no longer functions, or whose continued existence is no longer necessary for the carrying out of the mission of the Church in its area.

3. The application shall include either:

(a) A certificate from the applicants that the proposals will comply in all respects with the provisions of this statute, and any other relevant Diocesan Statute or Canon of the Church; or

(b) State any specific dispensation which is sought from this Statute, any other Diocesan Statute, or any Canon of the Church, and shall further certify that in all other respects it does so comply.

b. Consultation

4. Before making any application under this Part of the Statute, the applicants shall consult with all Parishes, Regional Deaneries, Local Churches and other church communities which are likely to be affected by the approval of the proposal, and shall be under an obligation to use all reasonable endeavours to obtain their agreement to the proposal, and to their respective roles and responsibilities for the mutual advancement of the mission of the Church.

5. The applicants shall also consult with those bodies responsible for electing Synod representatives for the area in which the Local Church, Parish or Regional Deanery will function, and shall use their best endeavours to reach agreement on how representation would be determined if the proposal were approved.

6. The application shall state with whom the applicants have consulted, and the outcome of those consultations.

7. If in the opinion of the Bishop or of Diocesan Council further or more extended consultation appears desirable, the application may be referred back to the applicants for that purpose.

Procedure for Dealing with Application

8. Upon the receipt of the application the Bishop may:

(a) Refer the application on for consideration by Diocesan Council; or

(b) Refer the application back to the applicants for re-consideration and amendment; or

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(c) Decline the application.

9. Subject to paragraph 7, it shall be the responsibility of the Diocesan Council, when an application is referred to it by the Bishop, to consider whether the formation of the proposed Regional Deanery, Local Church or Parish will further the mission of the Church in this Diocese.

10. The Diocesan Council shall further consider

(i) whether the proposal is a financially viable one;

(ii) what further resources may be available from within the Diocese to give better effect to what is proposed;

(iii) whether the arrangements made for the Parish, Regional Deanery or Local Church, and with other church communities, conform with this Statute and with other Statutes of the Diocese, and with the Constitution and Canons of the Church;

(iv) whether adequate provision is made for continued co-operation between the Parish, Local Church or Regional Deanery and other church communities in its area for the mutual advancement of the mission of the Church;

(v) such further matters as may appear relevant to the particular circumstances of the case;

and shall report its findings to the Bishop.

SEVENTH SCHEDULE

Form of Notice

(a) Parish and Regional Deanery

Notice is hereby given that a Meeting of Parishioners will be held on the ………… day of …………. at …………. o’clock am/pm in ………… for the purpose of appointing and electing Churchwardens, not less than three or more than ten members of the Vestry/Deanery Council for the Parish/Regional Deanery of.............................. for the year next ensuing, for receiving the audited annual financial statements of the outgoing Vestry, (for electing up to two Lay

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Representatives to the Diocesan Synod) and for the transaction of any other business connected with the Parish/Regional Deanery, at which time and place all Parishioners, who shall have been registered for a period of not less than two months on the Parish Roll, or who satisfy the Chair of the meeting that at some time during the previous year they were entitled to be placed upon the Roll, and who are not registered on the Roll of any other Parish, are entitled to speak and to vote.

Dated this................................................day of..................................in the year

of ………………

......................................................................Churchwardens

(b) Local Church

Notice is hereby given that a Meeting of Parishioners will be held on the ………… day of …………. at …………. o’clock am/pm in ………… for the purpose of appointing and electing Church Committee members for the Local Church of.............................. for the year next ensuing, for receiving the audited annual financial statements of the outgoing Church Committee, and for the transaction of any other business connected with the Local Church at which time and place all Parishioners, who shall have been registered for a period of not less than two months on the Parish Roll, or who satisfy the Chair of the meeting that at some time during the previous year they were entitled to be placed upon the Roll, and who are not registered on the Roll of any other Parish, are entitled to speak and to vote.

Dated this................................................day of..................................in the year

of............................

..........................................................Churchwardens

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