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Appendix F-5: Common Provisions for Co-operative Venture
- 211 The Ministry of the Whole People of God
- 212 The Ministry of Word Sacrament and Pastoral Oversight Standard Clauses
- 213 The Ministry of Deacons and of Word, Sacrament and Pastoral Care – Self Supporting Appointments
- 214 Authorised Lay Workers
- 215 The Office of Parish Councillor
- 216 Collegiate Appointments
- 217 Letter of Appointment
- 221 Membership
- 222 Parish Government
- 223 Relationships with Regional and National Church Courts
- 231 Worship – General Principles
- 241 Finance
- 251 Vesting and Management
- 252 Schedules of Record and Signing Agreements
- 253 Deed of Trust
- 261 Dissolution – Cooperating Parishes
- 262 Dissolution – Union Parishes
- 263 Dissolution – Joint Use and Other Schemes
- 271 Amendments
Approved for Co-operating Parishes and Joint Use Schemes by
The Associated Churches of Christ in New Zealand
The Anglican Church in Aotearoa New Zealand and Polynesia
The Congregational Union of New Zealand
The Methodist Church of New Zealand
The Presbyterian Church of Aotearoa New Zealand
Unless agreed otherwise by the superior courts of the parties to a specific agreement, these provisions replace all such provisions in current local agreements.
NOTE: Some of the appendices in this section make reference to sections of The Guide to Procedures in Co-operative Ventures not included in these Common Provisions. Complete copies of the Guide are held by Presbytery clerks and may also be obtained from the Executive Officer, NCUC, P O Box 6133, Te Aro, Wellington.
211 The Ministry of the Whole People of God
The church’s ministry derives from Jesus Christ, its risen and exalted Lord, the head of the church. Christ’s ministry is prophetic, priestly and kingly and by the holy spirit is continued through the church which he sends as the servant people of the servant Lord. By virtue of their membership of his church, his people are called and commissioned to share his ministry in, to and for the world. The church is thus called to a life of ordered yet varied service in which every member shares.
For the good ordering of this ministry God gives to the church some to minister in special ways. These are set apart, ordained, and sent, as were the apostles ... to build up the church and to equip all members for their task. This ministry exercises the functions of proclamation, service and oversight and is expressed in a form including elements that are episcopal, Presbyterian and diaconal. The Faith We Affirm Together, section 7.
1) Preamble
Understandings of the gifts of ministry require contemporary expression just as much as these gifts need to be exercised in ways appropriate to a changing church and world. The negotiating churches continue to seek new understandings separately and together and see the following exposition as a contemporary expression undergirding their cooperation.
2) Ministers
The churches believe it is the privilege and calling of every member to engage in ministry. Such ministry is committed to the spread of the gospel of Jesus Christ in every way and through: the public and private worship of God the offering to God of our working, family, social and political life loving service and witness in the community and church prophetic word and action.
This ministry belongs to the whole church and not exclusively to any individual or special order within it.
3) Diverse Gifts
Every member is called to seek and share the fullness of life lived in Jesus Christ. Each one’s call may be to a different service in care for others, evangelism, preaching, administration, social work, striving for social justice, and responsible and loving stewardship of the creation.
All bring and offer particular gifts and graces, and may be ordained or commissioned to particular functions and office at a service of public worship.
The negotiating churches make no distinction based on race or sex in authorising ministries in co-operative ventures.
4) Ordination
1) Some are set apart for ministries of word, sacrament and pastoral oversight, building up the body of Christ.
2) Others, though set apart for this same ministry, will exercise their ministry in diverse ways, often along with a secular calling.
5) Commissioning
Beside such ordained ministries there are also those exercised by commissioned lay officers, representative and elected, who carry out particular functions. They share in the spiritual care, nurture and government of the church, and in the conduct of public worship, including in variously prescribed ways, the celebration of Holy Communion. (see also 215, 413)
212 The Ministry of Word Sacrament and Pastoral Oversight Standard Clauses
1) Functions and Duties
It is expected as the norm that the congregations in each area will worship together and that the minister/s appointed will exercise the fullest possible ministry of word, sacrament and pastoral care. (see also 231)
1.1) In meeting particular sacramental, pastoral or constitutional needs of people it is the responsibility of the parish council in consultation with the minister to arrange with one minister appointed by the appropriate district court to meet such needs or requirements. Should difficulty arise in meeting such needs, this will be reported to the appropriate church court which shall in consultation with the minister and parish council make suitable arrangements.
1.2) Ministers, in accordance with the rights conferred by the participating churches, will take their place and play their part in the courts of the churches.
2) Relationships
Ministers continue in a primary relationship with their church, responsible to its courts and subject to its disciplines. Pastoral oversight of ministers is not diminished in any way by their relationships with other church courts. Ministers can expect from the officers of district and national participating church courts encouragement, guidance and support and may be expected to account for the ministry as outlined in (1) above.
3) Accountability
The total life and ministries of the parish may be regularly reviewed by the JRC on the basis of an agreed questionnaire. (see also 413) At the request of the parish council, minister, district court or bishop the JRC will conduct a special visitation to consider matters of deep concern.
4) Appointment
Appointments are made only after the Forum of Co-operative Ventures has confirmed which church shall make the appointment. Appointments shall then be made according to the procedures of the appointing church and wherever possible after consultation with the parish council or its representatives, any continuing ministers and the other participating churches. (see also 423)
5) Term
The initial term of appointment will be for not less than three and not more than eight years, five years being the normal minimum. This term will be agreed (before the appointment is accepted) between the parish or its representatives, ministers, and the participating churches. This term of appointment may be extended as in (7) below.
Within this term or any extension thereof, ministers may seek or accept another position only as allowed by their own church and with due regard for the needs of the parish.
6) Induction
Ordained Ministers shall be inducted according to the practice of the appointing church and representatives of other participating churches will take part in the service.
At the service of induction ministers will receive a letter of appointment issued by the appointing church and signed by representatives of the participating churches, the JRC and the parish. This letter will include the length of term agreed upon.
7) Extension of Term
Length: One extension of term which together with the initial term completes a total not exceeding ten years may be granted.
Procedure: Twelve months before an initial appointment ends, the minister’s regional court * shall advise the JRC along with any request for an extension to be considered.
* In the case of an Anglican ordained minister, the bishop or his nominee will act. In the Associated Churches of Christ, the general secretary.
On receipt of any such request the JRC will appoint representatives to join with the regional court in conducting a review which should be completed not less than six months before the appointment is due to end.
Shortened Term
Where ordained ministry is terminated within three years, the appointing church, after consultation with the parish council and the JRC, may elect to make a further appointment. Such further appointment to be in accordance with the normal terms of appointment, i.e. three – eight years (normal minimum of five) with one extension up to a maximum term of ten years for that appointment.
8) Re-Appointment
If it is agreed that an extension is to be recommended, the appointing church seeks the concurrence of the other participating churches, renews the letter of appointment and extends the appointment accordingly.
9) Transition
When a regional court knows that its appointee will be terminating the appointment within the next 12 months it shall request the JRC to initiate consultation with the parish council. The purpose of this consultation is to recommend to the churches:
1) The most suitable provisions for future ministry, e.g. single, dual, part-time, full-time etc.
2) The church to be requested to make a new appointment. Except in exceptional circumstances there will normally, but not necessarily be a change of appointing church with each new appointment. Proportional, geographic and cultural factors will also be considered. Co-ministries or team ministries also call for flexibility. The JRC, after consulting the parish council, makes its recommendations on clause (1) to the regional courts and clause (2) to the Forum.
10) Interim Arrangements
1) Pastoral Care
a) Team or co-ministries: Pastoral care and the conduct of worship remain the responsibility of continuing ministries.
b) Single ministries: Responsibility for pastoral oversight and the provision for the conduct of worship remain with the court of the outgoing minister at least until the day the minister departs and until the Forum confirms the denomination of the new minister, whichever is the latter.
2) New Ministry
Procedures for searching for a new minister may begin as soon as necessary for the appointing church to ensure reasonable continuity of ministry. Ministers will be informed of the appointing church’s requirements and will give every necessary facility. They will not be involved in nor seek to influence the appointment of their successor. (see also 421) Colleague ministers will be consulted in accordance with 216.2. The appointing church may at its discretion invite continuing ministers to participate further in the processes of selection.
NOTE: Methodist Conference (1985) has determined that unless there are special circumstances, initial appointments of Methodist ministers to co-operative ventures will normally be a maximum of five years.
11) Resignation
When a minister resigns from an appointment before a term is completed, the resignation process shall be that of the church which made the appointment. Wherever possible this will include consultation with parish council or its representatives, the participating church courts and the JRC.
213 The Ministry of Deacons and of Word, Sacrament and Pastoral Care – Self Supporting Appointments
This section describes the ways in which the churches’ normal procedures governing the selection, training and appointment of self-supporting ministers are applied in co-operative ventures. Ministers in co-operative ventures are required, for the sake of co-operation, to accept the conditions of service set out in the Common Provisions 212
Background
Within the Methodist and Anglican churches in New Zealand a number of variously designated self-supporting deacons, priests and presbyters have now been ordained. These are men and women who have felt a call to ministry, have followed the usual procedures of their respective churches for assessment and preparation for ministry and have been ordained by the Church.
During the period of selection and preparation they have normally had the support of their local minister and congregation and upon ordination are invited to serve in that parish. Some are ordained on the understanding that their primary but not sole sphere of ministry will be in a non-parish setting. Their parish duties and responsibilities will be relatively few. Others may be ordained on the understanding that their ministry will be primarily exercised within the life of the local parish.
Once ordained they offer a ministry of word, sacrament and pastoral care and/or diaconal service within the limitations of the demands of their secular employment or domestic responsibilities. They are not paid a stipend by the church but receive appropriate expense allowances.
Originally it was intended that self-supporting ministers would not transfer from one parish to another but it is now clear that flexibility is needed in this aspect of their developing place in the life of the churches.
With the extensive involvement of both the Anglican and Methodist churches in co-operative ventures several such ministers now serve in them and thus minister in some way to members of all the participating churches. The development and the diversity of opportunities it brings is clearly welcomed by the local churches involved.
Most of the preparation for these ministries is done within a parish setting and during this period of training the local parish is well aware of their presence, shares in some of the training exercises and rejoices in the eventual ordination. It is at this point that new presbyters or deacons become visible to the other participating churches. This addition of ordained ministry sets in train processes by which the partner churches include self-supporting ministers in their courts.
While these developments in ministry remain relatively new, special sensitivity is necessary. Churches will need to be clear that presbyters or deacons so appointed are to be accounted as members or associates of Dioceses, Presbyteries and Synods in the same way as stipendiary ministers in co-operative ventures
Procedures
1) Initiative
The initiative for a candidacy or appointment may come from the parish council, minister, district court or from an applicant. The parish and district courts/officers may, in the light of developing strategy, encourage particular people to offer for selection
2) Strategy
Proposals to develop self-supporting ministries should be consistent with a co-operative venture’s total strategy for ministry and mission
3) Assessment
Those offering for selection and training will be assessed and trained according to the regulations of the church of which they are a member.
Selection
4) Support
In accepting a candidate for training and service in a particular co-operative venture the church will require within its normal procedures full support in principle for the proposal that the candidate will train and later serve, within the parish. This support must be forthcoming from:
a) The parish council and minister;
b) The JRC;
c) The district church courts of the participating churches.
NOTE: The expectation that a candidate will train and later serve within a specific context is a major consideration for the Methodist Church of Aotearoa New Zealand and most dioceses of the Anglican Church in Aotearoa New Zealand and Polynesia. Circumstances sometimes make this impossible.
5) Consultation
The JRC will appoint two representatives to consult with the parish council, ministers and appointing church. The purposes of this consultation are:
1) To ensure that this (additional) position will advance the unity and mission of the co-operative venture;
2) To be satisfied that the parish, ministers and participating churches would accept the candidacy and participate in the training of the applicant on the undertaking that on assurance of ordination they will offer appointment to the parish.
6) Report
The JRC will report the finding of this consultation to the churches.
Appointment
7) Pre-Ordination
All churches conducting assessment for ordination consult with the parish and parish minister/s about the candidate’s suitability.
8) Consultation
When a church decides to proceed to the ordination of a candidate it shall advise the JRC which shall again consult as in 5. The purposes of this consultation are:
1) To discuss relationships within the ministry and the specific areas of ministry in the parish in which the appointee will function;
2) To approve the length and other terms and conditions of appointment. The standard length of appointment and extension of appointment provisions (Common Provisions 212, clauses 5 and 7) do not apply.
3) To ensure that the parish understands the degree of availability inherent in the appointment.
9) Repeated appointments may be approved.
10) When a church wishes to appoint an already ordained self-supporting minister it will as early as possible consult with partner churches through the JRC as in sections (5) and (8) above.
11) The Forum does not need to approve but must be advised of all pending appointments.
12) Reviews of Appointment
Six months before a term of appointment is due to conclude, the Parish Council shall request the appointing church to meet with representatives of the Council to review the appointment.
13) The review will include discussions with the appointee, stipendiary ministers and the Parish Council.
14) A recommendation for further appointment will be forwarded to the JRC which shall seek the concurrence of the partner churches.
15) Should there be any difficulty in reaching agreement on the re-appointment, the question will be referred to the JRC.
16) Normally, appointments will be terminated after giving three months notice.
214 Authorised Lay Workers
1) Definitions
From time to time parishes propose to employ lay workers in pastoral or leadership capacities. These appointments are to offices other than organist, choir leader, caretaker or typist.
2) Appointment
It shall be competent for parish councils to appoint such lay workers provided:
1) The regional church courts (through the JRC) are satisfied that the proposal is consistent with the co-operative venture’s total strategy for ministry and mission and accords with the participating churches’ normal procedures. (The processes detailed in 213 para 8 are a useful guide to JRCs.)
2) The person to be appointed satisfies the normal criteria for such appointments within their own church.
3) The approval and assurance of support of the congregation/s has been obtained.
4) A statement is provided setting out:
a) Goals and objectives for the proposed work;
b) A job description;
c) Conditions of employment including accountability, remuneration and allowances, any provisions for continuing education, the length of appointment and rights of any reappointment.
3) Authorisation
The person so appointed will normally be authorised for the work by their own church *.
* In the Anglican Church a licence is given by the Bishop.
* In the Churches of Christ and the Congregational Union authorization is given by the congregation.
* In the Methodist Church the District Superintendent (and for sacramental ministry the President) gives authority.
* In the Presbyterian Church the Presbytery authorises.
The Forum commends the guidelines for lay appointments issued by the Presbyterian Church for the guidance of parishes.
215 The Office of Parish Councillor
1) Office
The ministry of the church is exercised by the whole people of God, among whom both individuals and groups may be called to particular forms of witness and service. Elected councillors join with the minister/s in the leadership of the parish.
2) Name
The term Parish Councillor is used to include all titles such as Elders, Steward and Warden which may also for constitutional or other reasons be required to distinguish various functions and offices.
3) Qualities
Persons appointed and commissioned as Parish Councillors are members and possess gifts and qualities which make them clearly suitable for the work; faithful in their attendance at public worship, known in the congregations for their Christian faith and love, their reliability and competence, their discernment and good judgment.
4) Election
Councillors are elected at a parish meeting, hold office for a term and are eligible for re-election.
5) Commissioning
Those elected as Parish Councillors will be commissioned when elected for the first time, and on subsequent election received or inducted in an act clearly different from commissioning. An order of commissioning is to be found in 411.
6) Doctrine
Councillors undertake to uphold the doctrine expressed in the Faith We Affirm Together, to respect the doctrines and practice of the participating churches, and accept the authority of the parish council and courts of the churches.
7) Standing
1) In co-operating parishes the constitutional requirement to be able to form the vestry, parish meeting, or session, can be met only from those elected and commissioned as in paras 4 and 5 above.
2) Subject to constitutional requirements representation on the regional and national courts of the churches shall normally be elected from amongst the parish councillors.*
* The Anglican, Methodist and Presbyterian Churches recognise all those elected, commissioned and qualified to represent the parish. For an electoral Synod, and matters relating to alteration to the constitution and formularies, only elected Anglican representatives may participate.
216 Collegiate Appointments
1) Definitions
All ministries offered and authorised for service in the parish are co-working with Christ in the ministry of reconciliation. Ministers work as colleagues within the framework of order set by the councils and courts of the churches.
Where ministers are appointed to a ‘collegiate’ ministry all the rights, privileges and responsibilities of the office are enjoyed jointly and equally. The provisions for ministry within the parish, established before an appointment is made (see also 212.9), seek to advance the unity and mission of the co-operative venture. Frequently this can include representation of different participating churches in the ministry. This calls for co-ministries or team ministries based on collegial understanding.
2) Appointment
In making an appointment the appointing church makes every endeavour to see that:
a) Discussions are held with existing colleagues to ensure that their expectations and abilities are acknowledged in the process of seeking a new minister.
b) Prospective appointees meet with present ministers and representatives of the Parish Council before a new appointment is ratified. (see also 423)
c) The Parish Council and existing colleague/s understand the terms and conditions of stipend, holidays, long service or study leave of the appointing church.
3) Division of Responsiblilties
The division of ministerial responsibility, whether on geographical, specialist, interest or any other basis, shall be agreed between the ministers in consultation with the Parish Council and subject to its concurrence and review.
4) Support
To encourage the development of effective ministry within the life of the parish and community, the Parish Council shall ensure that:
1) The colleagues seek an external facilitator to encourage and support creative interaction and personal growth between them;
2) Areas of pastoral and administrative responsibility are clearly defined, understood and accepted;
3) A ministry co-ordinator with clearly specified functions, who may be one of the colleagues, is designated annually;
4) An advisory group is appointed which includes, along with the ministers:
· Any elected wardens;
· One person chosen by each of the ministers;
· Two persons nominated by the Parish Council.
The advisory group has these functions:
a) To provide pastoral and professional support for the ministers and their families;
b) To see that effective communication is maintained between colleagues and between ministers and Parish Council;
c) To deal in confidence with any personal matters affecting the ministers or their families and where necessary make recommendations to the Parish Council;
d) To co-ordinate holidays, study leave, long service leave and encourage appropriate staff training;
e) To assist in any of the processes of consultation required under terms of appointment; (see also 212, 213)
f) To review from time to time the allocation of responsibilities and initiatives;
g) To deal with any matter referred to it by the Parish Council or ministers.
217 Letter of Appointment
1) Procedure
A letter of appointment is issued by the appointing church at the induction of a minister. Sufficient copies are provided for the appointing church, partner churches, JRC, the parish, minister and Forum. The letter is a necessary documentation of the agreed term of ministry being entered upon. (see also 212.5)
2) Churches, upon setting a date for the induction of a minister, should advise the Executive Officer of the Forum, P O Box 9049, Wellington, supplying appointee’s full name and the agreed term of appointment.
3) Extension of Appointment
New letters of appointment are not required when the extension of an appointment begins. The appointing church advises the minister, parish, JRC and partner churches by letter that the appointment is being extended for up to .......... years. (see also 218)
4) Sample Letter
Forum of Co-operative Ventures: Letter of Appointment
As a further expression of the Act of Commitment, 1967 and in the spirit of the Statement of Accord, 1983
(name of appointee)
is now appointed to the fullest possible ministry of Word, Sacrament and Pastoral Oversight in
(name of Parish)
This appointment is made by the (appointing Church) in accordance with the Common Provisions for ministry in co-operative ventures and any complementary clauses of the parish agreement.
The appointment is for an initial term of up to (between three and eight) years beginning from (date of induction) 20 .... .
Signed ................................... for the appointing church.
Signed ................................... for the Joint Regional Committee
We, the partner churches, welcome and concur with this appointment and offer our full support.
Signed ....................................... for partner church.
Signed ....................................... for partner church.
We, the members of this parish, welcome and accept your appointment and commit ourselves to this new ministry together.
Signed ....................................... for the Parish Council.
I (name of appointee) authorised by and accountable to the (appointing body) accept this appointment, seeking always to further the unity and mission of this parish and to respect the doctrine and practice of the participating churches.
Signed ...........................…….... Appointee
........... day of ...……............... , 20 ... .
221 Membership
1) Definitions
All who have been baptised with water in the name of the Father and of the Son and of the Holy Spirit are members of Christ’s body the Church. Those members who have expressed their intention to live their discipleship as part of the fellowship of the co-operative venture are called to exercise the full responsibilities and privileges of membership.
This membership may be affirmed and recognised by the parish council:
a) Membership at the time of inauguration of one of the local churches forming the co-operative venture; or
b) A public commitment known variously as ‘Profession of Faith’, ‘Confirmation’, and ‘Admission to the Lord’s table’; or
c) The production of a letter from another parish certifying membership; or
d) The parish council, in special pastoral circumstances and with the concurrence of the minister/s, being satisfied that a person may be considered eligible.
2) All members recognise and accept the authority of the parish council and other courts of the churches.
3) Rolls
1) Parish Roll
Membership in the parish shall be recorded in a single roll, denominational affiliations being noted where possible.
This parish roll shall be reviewed at least annually. Members may be transferred either to the roll of another parish on moving from the district or, pastoral enquiry showing them no longer participating in the life of the parish, they may be placed on a roll of inactive members.
2) Pastoral Roll
A pastoral roll shall be maintained of all persons under pastoral care, including those known in some churches as adherents.
4) Denomination
On all rolls kept the denomination of members and families shall be indicated in one of the following ways:
a) As members of one of the participating churches, if so desired;
b) As members under reciprocal agreements between the Methodist, Presbyterian and Congregational Churches;
c) As an Isolated member where a Church of Christ is not a participant, the General Secretary of the Churches of Christ being informed.
5) Records
Membership recorded in 4(b) and (c) will for statistical purposes be apportioned to the participating churches on a ratio based on the declared denominational membership in the parish.
222 Parish Government
NOTE: In some Union parishes, Session will need to be read as approximating to the Parish Council.
A) Parish Meetings
1) Annual Meeting
The parish shall hold an annual meeting to review the total life of the parish and to elect the parish council.
The parish council presents reports on all aspects of the life and work of the parish and the meeting deals with any matters referred to it by the Council, Committees, members or regional and national courts of the churches. It may make recommendations to the parish council.
2) Other Meetings
By giving reasonable notice (not less than two clear Sundays) the parish council may call other parish or congregational meetings. These meetings will be for the purpose advertised. Such meetings may be called on the parish council’s initiative or at the request of a regional or national court or at least five members in writing.
3) Voting
Those on the parish roll (see also 221) are eligible to vote on all matters. Others attending meetings may speak and move motions but may vote only on matters which the participating churches from time to time determine.
B) Parish Council
4) Oversight
There shall be a parish council which, with the ministers, shall have responsibility for all aspects of parish life.
5) Representation
The parish council shall normally be constituted in such a way that each participating church or congregation is adequately but not necessarily proportionately represented. The number of members on the council may be revised from time to time as the parish meeting may decide.
In cooperating parishes the constitutional requirement remains to be able to form the quorum of a Vestry which can on occasion be able to meet separately if requested by a bishop or diocese.
NOTE: This does not apply to union parishes, and is not required by the Methodist and Presbyterian churches.
6) Membership
The parish council shall normally include:
1) As many of the following as the parish meeting may from time to time determine:
a) Those elected to a specific service in the parish, e.g. elders, stewards, managers, vestry and synodspersons;
b) Those elected for service on the Council;
c) Those co-opted to committees – who may include some not on the Parish roll. (see also 221)
2) All appointed to exercise ordained ministry within the parish. (Ministers Emeriti are eligible for election under (b).)
3) All lay workers appointed by the parish council.
4) All elected officers. (see also para 13 below)
7) Nomination
a) Those holding membership in the parish (see also 221.1) may be nominated for election.
b) Where applicable councillors shall be nominated by the participating congregations in sufficient numbers to fulfil at least the minimum constitutional requirements of their churches.
8) Election
The election will take place at a parish meeting, the meeting taking some account of (7) (b). In cooperating parishes any difficulties in applying this provision may be resolved by each participating parish voting separately as if electing representatives to its local church courts.
9) Term
Councillors are elected for a term (usually three years) retiring in rotation and eligible for re-election.
10) Meetings
The parish council normally meets at least bi-monthly, and having given reasonable notice, at other times as required.
11) Quorum
A quorum for all meetings of the parish council shall be either a minister and eight councillors or one quarter of council, whichever is the fewer.
12) Voting
All elected members of the parish council may exercise a vote. Ministers not in the chair may exercise a vote in accordance with the practice of their church.
13) Functions
The functions of the parish council include:
1) Encouraging Christian commitment and devotion;
2) Exercising effective pastoral care of all persons for whom the Parish is responsible;
3) Fostering the mission of the congregation/s to the wider community;
4) Fixing times and places of public worship and arranging for the administration of the sacraments in accordance with the usages of the churches;
5) Keeping pastoral and parish rolls and receiving at least annually a report on their revision;
6) Seeing that all minutes and records required by churches are kept, secured and produced when requested;
7) Arranging for the election of representatives to regional and national church courts. These are chosen from the membership of the parish according to the requirements of the church courts;
8) Being responsible for effecting the decisions of the churches and bringing relevant local concerns before them;
9) Being responsible for the financial administration and property maintenance of the parish and the presentation of budgets and audited annual accounts;
10) Arranging the procedure for the nomination and election of members to the parish council;
11) Reporting to the parish meeting at least annually.
14) Committees
a) The parish council may form committees to carry forward the functions and policies of the council. The council appoints these committees, sets their terms of reference and receives regular reports on their work. Committees may be formed according to local needs. Committees have planning and executive functions within the policies approved by the parish council.
b) Pastoral oversight within the parish is a primary responsibility of the whole council either through the pastoral oversight committee/s or by council members. All ministers are members of any such committee. This oversight and care includes the nomination by a minister of candidates for baptism and or confirmation, the keeping and revision annually of rolls of members and persons under pastoral care. Records of baptisms, church services and weddings shall also be properly kept. (see also 443, 444)
c) It is expected that there will be committees on Christian education, finance, administration and property matters.
d) The parish council may nominate to the Parish Meeting or co-opt additional members to the committees from among the members or from other persons associated with the parish who have gifts for particular kinds of service.
e) Committees meet as frequently as required (usually monthly) and report regularly to the parish council.
15) Officers
1) Chairpersons: Normally ministers chair the parish council. Other provisions may be made after consultation with the regional church courts. The chairperson may move or second a motion and speak to any matter, but exercises only a casting vote.
2) Secretary: The parish council will elect a secretary, responsible for seeing that proper minutes and records are kept and correspondence attended to.
3) Wardens: Where one of the participating parishes is Anglican, two Wardens shall be nominated; one by the minister/s, or in the absence of a minister by the bishop, the other as in (7) (a) above i.e. nominated by Anglican members and elected at the annual meeting.
4) Synodsperson: Where the Anglican Church is a participant it is necessary to elect a synodperson. (see also 223, 422)
5) Treasurer: The parish council will elect or appoint a treasurer.
6) Such other officers as the annual meeting shall from time to time determine.
7) Senior Member: The parish council after consultation with the minister/s may elect from among its members or officers one or more as the senior, representative member/s in the parish. It shall be part of the responsibility of those so elected to see that the minister/s, spouse/s and family/s receive personal support, to represent the parish to the minister/s and wider community and such other duties as the parish council may request. (see also 216(4))
223 Relationships with Regional and National Church Courts
1) Standing
Parishes continue to be regarded by regional and national church courts as one of their own, the normal channel of communication with the parish being through the parish council.
2) Representation
Representation of the parish to the regional and national courts of the participating churches is arranged by the parish council in the manner appropriate for each church.
3) Joint Oversight
1) The courts and their committees share oversight of the parish and have the duty to consult through the Joint Regional Committee on matters of joint concern. Where a Union District Council is instituted these duties may be fulfilled with regard to the Methodist and Presbyterian churches in another way.
2) Officers of the regional and national church courts continue to exercise their ministries of pastoral care and oversight taking care to consult with their colleagues in partner churches on matters of joint concern.
4) Visitation
Periodic visitation on the basis of the agreed questionnaire will be carried out by representatives of the regional courts. The visit will be convened, co-ordinated and reported by the Joint Regional Committee or by the Union District Council. (see also 3.1 above and 413) For a copy of the visitation procedures and questionnaire, contact the Executive Officer, Forum, P.O. Box 9049, Wellington.
5) Appeals
1) Questions involving the interpretation or application of the Common Provisions or guidelines should wherever possible be resolved by the Joint Regional Committee. Further appeal may then be made to the Forum of Co-operative Ventures if resolution is not reached.
2) Appeals against decisions of the churches are made through the normal appeal procedures of the church concerned.
231 Worship – General Principles
1) Diversity
Ministers and worship committees will give proper consideration to the forms and traditions of worship of the participating churches with particular regard to the ministry of Word and Sacraments.
2) Unity
Members will be encouraged to share together in all the forms, orders and occasions of worship. Members may attend and participate in the sacramental services conducted by ministers of the negotiating churches.
3) Consultation
1) Ministers shall remain in full consultation with and pay close attention to the views of the parish council in seeking to meet the needs of the participating churches.
2) Where it is desired for a minister other than those appointed to the parish to conduct a baptism, marriage or funeral within the parish or of a member, arrangements can proceed only after consultation with a minister of the parish.
241 Finance
1) General
The co-ordination of financial responsibilities is based on the following principles:
a) Participating churches should act jointly in all dealings where departure from standard practices is contemplated.
b) The stipend, superannuation and other allowances (including housing) of the minister are a prior charge on parish revenues. These shall be at rates approved by the church of the minister concerned and paid at least monthly in the manner nominated by the minister.
c) Where the parish requires a grant to maintain a ministry this will be provided by the participating churches on the basis of a ratio as agreed by them.
d) Existing contributions for the wider work of the participating churches are to be made even though a parish may be in receipt of a grant.
e) Financial Year: Wherever the closing date of the financial year used by parishes entering co-operation differs, the date used by the majority of partners should be adopted.
f) Statistics: Parishes will provide financial and other statistics to the regional courts on request.
2) Superannuation Scheme Contributions
Parish contributions are paid as directed by the church making the appointment, normally to the fund of that church.
a) Change in Ministry
The Forum shall advise the participating churches immediately the church responsible for the next ministry is determined. Parish contributions shall be made to the ‘superannuation’ fund of the church of the next ministry from the first day of the month following the completion of the ministry or the decision of the Forum on the church of the next ministry – whichever is the later date.
b) No Appointment
In the event of the participating church deciding no ministry appointment will be made, the Joint Regional Committee shall recommend to the Forum the church which shall have responsibility for ministry oversight of the parish. Parish contributions shall be made to the ‘superannuation’ fund of that church from the first day of the month following the Forum decision.
(It is a legal requirement of the negotiating church ‘superannuation’ fund that parishes shall continue to contribute to a fund both when a ministerial appointment is made and when it is not.)
3) Removal Expenses
1) Co-operative ventures without Anglican participation are responsible for the removal expenses of incoming ministers. All co-operative ventures in the diocese of Waikato are responsible for full removal costs. Assistance to co-operative ventures from Anglican sources in the dioceses of Christchurch, Waiapu, Wellington and Auckland is available on a proportionate basis after discussion with the diocesan officer. This discussion must take place before the removal is finalised.
2) Removal Expenses Scheme: There is a removal scheme for co-operative ventures and parishes are urged to become members. (see also 445)
3) Ministers should not be required to meet any accounts properly the responsibility of the parish.
4) Arrangements for meeting of removal expenses accounts must be made before the removal is undertaken.
4) Setting and Reviewing an Appropriate Ratio for Assessments to Diocesan or National Budgets
1) As a general guide in determining a ratio for financial responsibility, a ‘ratio of contribution’ should be established by consultation and review from time to time. This consultation and/or review should be carried out as required (at least at each visitation) by representatives of the parish council.
2) This ratio will be a matter for separate decision for each parish.
3) The agreed ratio must be understood to apply to all giving to the wider church including the overseas mission of each church.
4) In establishing or reviewing this ratio the following factors should be taken into account:
a) The relative strength of each partner congregation – members, homes, attendance at worship, census;
b) The income of the parish;
c) For newly formed parishes the existing level of support to budget assessments;
d) The need of the cooperating churches;
e) The need to give generously to the missions targets of the churches;
f) Such other factors as representatives of the regional courts and the parish councils meeting together may consider relevant.
5) In setting annual assessments the churches should consult together to see that the combined assessment falls reasonably close to the agreed ratio. Factors 4 (a) to (f) above are all relevant together with:
g) A reasonable level of parity with denominational parishes.
h) The regularity with which the parish reviews its giving and challenges its people to greater commitment.
5) Applications for Grants in Aid of Stipend
1) Applications should be made to each of the participating churches on the common approved application forms. The procedures are set out on these forms, a completed copy of which must be sent to each partner church as listed on the forms.
2) When a grant-in-aid of stipend is being sought for the first time the JRC shall be consulted and shall as a matter of urgency communicate its support or otherwise in writing to the appropriate District Church Courts.
3) In subsequent applications it shall be the responsibility of the District Church Courts to consult with partner churches where grants are sought prior to decision being made by that court.
4) Quinquennial visitations where appropriate may take up the questions in (2) and (3) above.
251 Vesting and Management
1) Vesting
a) Title to each property included in the agreement shall be vested, or continue to be vested, in the national or diocesan trustees as the case may be, of one or other of the participating congregations to be held by such trustees according to the regulations of the churches which they represent and in terms of the prepared agreement.
b) Such trustees shall when requested complete a Deed of Trust. (see also 253) This will normally be only when one participating church has made a substantial contribution to a property vested in the trustees of another.
2) Capital Contributions
The congregations party to the agreement shall agree on the values of their respective capital contributions to the co-operative venture, in the form of cash, land and/or buildings, chattels, or otherwise as may be agreed upon. The nature of these and all future such capital contributions and their proportion as a percentage of the whole shall be recorded in schedules 2 to 6 of the agreement. Thereafter the sum total of capital contributions shall be held in trust in such proportions unless varied by agreement of the participating congregations and the appropriate courts of their respective churches.
Subsequent capital contributions made to the co-operative venture shall normally be in the same proportion as the original contributions. Variations may be made on the agreement of all parties in which case appropriate alteration to proportions as set out in schedule 5 of the agreement shall be made.
3) Insurance
The congregations party to the agreement shall ensure that the properties so held shall be adequately insured in terms of re-instatement value where appropriate.
4) Development or Rationalisation
Proposals to rationalise, redevelop or otherwise dispose of any land or buildings included in or added to the agreement shall be approved by the congregation/s through a parish meeting, the parish council, the Joint Regional Committee and the appropriate courts of the participating churches. Execution of documents relating to the property shall be the responsibility of the trustees in whom such property is vested, and shall be carried out according to the normal procedures of that church.
5) Charges
The congregations party to the agreement shall unless otherwise agreed be jointly responsible from the date of inauguration for meeting all loan or charge payments set out in schedule 4 of the agreement whether interest or principal.
6) Power to Borrow
Subject to the regulations of the participating churches and to the consent of the trustees in whom title to land proposed to be given as security is vested, the participating congregations may collectively borrow for capital purposes of the co-operative venture. Such trustees may call for appropriate indemnities from the other participating churches. The borrowing shall be deemed to constitute a charge against the land and other assets of the co-operative venture, but the trustees in whom the land of the co-operative venture is vested shall not be personally liable, nor shall such borrowing constitute a charge against any other property vested in such trustees.
7) Repayment of Capital Contributions
In the event of withdrawal or dissolution of the co-operative venture taking place in circumstances provided for under Dissolution Procedures 261-263, dispersal of capital assets shall be made in the proportion that the parties to the agreement shall agree is equitable. In the absence of such agreement dispersal shall be made in the same ratio as the original capital contributions or any subsequent variation thereof. In any case the terms and conditions of such dispersal shall be as mutually agreed upon.
8) Grant for Working Expenses
Any additional funds required for normal expenses of the co-operative venture may be made available by way of grant from either local, district or national courts of the participating churches. Unless otherwise determined, such grants shall be on the basis of a ratio agreed by the participating churches. Grants under the clause shall not be regarded as altering the value of capital contributions as recorded in schedule 5.
252 Schedules of Record and Signing Agreements
1) Completion
These schedules are to be completed at the time of the formation of a co-operative venture or on the rationalisation of properties or by December 1983.
2) Values
The values to be recorded are either government valuations for as close in time to the formation of the co-operative venture as possible or comparable commercially obtained valuations. For the sake of accurate comparison these valuations must be within two to three years of each other and must all be of a like type.
3) Alterations
Any rationalisations of property including all disposals, acquisitions, etc, must be recorded in the schedules and any variation to proportions agreed upon by the parties. Copies of this information must be sent to the NCUC. (The blank schedules and the steps for approval are obtainable from the Executive Officer, Forum, P O Box 9049, Wellington.)
4) Signing of Co-operative Venture Agreements
Following the adoption of revisions relating to property the question of who shall sign agreements and in what capacity has been clarified.
Signing
All agreements involve:
1) The Churches: Each district court will advise who shall sign the agreement at local, regional and/or national level. Clarification of these requirements should be obtained before the final draft agreement is prepared.
2) Property: All schedules of property must include a certificate of acceptance signed by the appropriate trustees of each participating church.
3) JRCs: The Joint Regional Committee will appoint a member to witness the agreement.
Safe Custody
The signed agreement or attested copies of the signed agreement and schedules should be kept by:
1) Each local participating church
2) The co-operative venture. In the case of:
- Joint Use, by the Local Committee
- Union Parishes, by the Session or Parish Council
- Co-operating Parishes, by the Parish Council.
3) The Joint Regional Committee
The signed agreement or attested copies of the signed agreement and schedules should be sent to:
a) Each district court. The district court will advise who shall receive signed and/or attested copies at regional and/or national levels and the number required.
b) The Executive Officer of the Forum (Attested copy).
NOTE: An attested signed copy is a photocopy of the signed agreement attested as true by the local chairman.
253 Deed of Trust
This Deed is made the ............. day of....………................ , 20 ….
Between
(full title of the national or diocesan corporate trustee, herein after called the holding trustee) of the first part.
and
(Full titles of the appropriate trustees of the other participating churches.)
Whereas
the
(name of each participating parish hereinafter collectively referred to as the participating parishes) are entering/entered into a co-operative venture in the establishment of the ........................ .
(hereinafter call the co-operative venture)
And Whereas
there is or will be vested in the holding trustees the assets set forth in the second and third schedules hereto
And Whereas
the initial contributions of the participating parishes are or are intended to be set forth in the third schedule hereto
And Whereas
it is intended that the assets described in the second and third schedules and any other or substituted assets of the joint venture shall be held by the holding trustees upon trust for the participating parishes in the proportions set forth in the fifth schedule.
Now this deed witnesseth as follows:
1) That the General Trust Board of the Diocese of ........................the Presbyterian Church Property Trustees and the Board of Administration of the Methodist Church (and/or etc) do hereby acknowledge their commitment to the said co-operative venture.
2) That the Holding Trustee acknowledges that it holds the assets set forth in the second and third schedules hereto and all other assets hereafter vested in it for the purposes of the said co-operative venture to be administered on the terms set forth in the agreement between the participating congregations set forth in the first schedule hereto.
3) That the parties hereto shall have the power to vary the terms of this Deed of Trust at any time by mutual agreement at the request of and with the consent of the participating parishes.
4) That nothing contained in this Deed shall preclude the courts of the Participating Churches from varying the aforesaid Agreement but variations to the Agreement shall not bind the parties hereto unless this Deed of Trust shall have been altered in accordance with clause 3 hereof to accord with the variations of the said Agreement.
5) Except insofar as shall have been specifically herein before otherwise declared the Holding Trustee shall have and continue to have all the rights and duties conferred and imposed on it by Acts, Statutes, Constitutions, Canons and Rules whether of the Parliament of New Zealand or of the Participating Churches.
6) That subject to the foregoing provisions the holding trustee shall hold the assets of the co-operative venture for the Anglican trustees, the Presbyterian trustees and the Methodist trustees (and/or etc) in the proportions set forth in the first schedule hereto.
In Witness Whereof these presents have been executed the day and year above-written.
(To be executed under seal by the holding trustee and the diocesan or national trustees on behalf of each participating parish.)
First Schedule: (The Agreement as amended 1985)
Second Schedule: (Legal description of land and other assets in holding trustee)
Third Schedule: (Initial contributions)
Fourth Schedule: (All charges or moneys owing in respect of property listed in the second or third schedule)
Fifth Schedule: (Proportion in which assets are held for the participating churches)
NOTE:
1) Schedules for a Deed of Trust should only include property and assets covered by the Deed.
2) In cases where it is desired to make more detailed provision regarding procedures in the event of dissolution, an additional clause may be included as Clause (7) of the Deed of Trust:
‘In the event of the dissolution of the aforesaid Agreement the (Holding Trustees) will then hold the Assets set forth in the Second Schedule hereto and all other assets then vested in them for the purposes of the said joint venture in trust for the participating churches until such times as the (Trustees of the other participating churches) shall have each of them signified in writing to the (Holding Trustees) that all issues of property arising out of the discontinuance of the joint venture have been resolved and the monetary payments and adjustments pertaining thereto have been settled and completed and in the meantime the (Holding Trustees) will permit the use of the said assets for the purposes of the participating churches in common at such times and in such manner and subject to such contribution for maintenance and upkeep as shall be agreed upon between the parties hereto and failing agreement as shall be determined by arbitration under the Arbitration Act 1908 and in the event of the inability of the (Trustees of the Participating Churches) to resolve the issues of property arising out of the discontinuance of the joint venture the (Holding Trustees) shall hold the said assets in terms of such order as shall be made by the High Court of New Zealand upon the application of the trustees of any of the participating churches under Part XIII of the Property Law Act 1952.
261 Dissolution – Cooperating Parishes
Initiative
1) If difficulties are being experienced within the parish, the parish council or any of the parties may request the Joint Regional Committee to convene a special visitation to discuss the matter.
2) A decision to dissolve the agreement may be reached on the initiative of:
A) The parish council;
B) The Joint Regional Committee;
C) A party to the agreement.
A) Dissolution by the Initiative of the Parish Council
If it is manifest to the parish council that the agreement cannot be made to work satisfactorily, the parish council may by resolution decide to seek the dissolution of the agreement. That resolution shall immediately be communicated to the Joint Regional Committee and to each local church court. The resolution shall not be deemed effective until the following steps have been taken:
1) Upon receipt of the resolution, the Joint Regional Committee shall, within seven days, communicate the terms of the resolution to each of the district courts (in the case of the Church of Christ or the Congregational Union the district court shall be taken to mean the congregational meeting which decides all matters) of the participating churches.
2) The Joint Regional Committee shall appoint a Commission of not less than two members to oversee the settlement of all procedures relating to the dissolution.
3) Each district court shall:
a) Convene a meeting of the local parishioners and office bearers in the area to discuss the resolution. Members of the Commission will attend and each meeting should be convened within one month of receiving the resolution of the parish council.
b) Consider its response to the resolution in the light of (a) above and forward its concurrence or otherwise to the Joint Regional Committee within three months of receiving notification.
4) On receipt of replies from each district court the Commission shall consider these replies and all other relevant information and report to the Joint Regional Committee.
The Committee may either defer dissolution pending further discussion; or set the soonest possible date for the agreement to be deemed to be dissolved. In either case the Joint Regional Committee shall advise the churches and the parish council accordingly.
The Commission shall act with the parties to wind up the agreement in accordance with Clause (2) of the Property Clauses.
B) Dissolution by the Initiative of Joint Regional Committee
If the Joint Regional Committee decides that the agreement cannot be made to work satisfactorily and for any reason a resolution to dissolve the agreement is not forthcoming, the Committee may decide to recommend the dissolution of the agreement, but such resolution shall not be deemed effective until the following steps have been taken.
1) The Joint Regional Committee shall, within seven days, notify the parish council and the district courts of the participating churches of its recommendation. (It is expected that each district court will take this opportunity to discuss the question with its parishioners and office bearers.)
2) On receiving (within three months) confirmation of the recommendation from any of the district courts, the Joint Regional Committee shall appoint a representative Commission of not less than two members.
3) The Commission shall meet with the parish council explaining the reasons for the Joint Regional Committee’s actions and clarifying the point of view of each party.
4) Upon receiving the report from the Commission the Joint Regional Committee shall formulate a recommendation to the district courts who shall communicate their concurrence or otherwise within three months to the Committee and the parish council.
5) When the concurrence of the district church courts has been obtained, the Joint Regional Committee shall set the soonest possible date for the agreement to be deemed dissolved and advise the churches accordingly. The Commission shall act with the parties to wind up the agreement in accordance with Clause (2) of the Property Clauses. (see also 251)
C) Dissolution by the Initiative of One Party to the Agreement
Any one of the parties (local or regional) may give notice of withdrawal from the agreement. Such notice shall be considered valid providing:
1) No action has been or will be precipitated without reference to the appropriate higher church courts;
2) The district court of the party intending to withdraw gives notice (with reason) in writing to the parish council, the Joint Regional Committee and the other parties to the agreement;
3) That those giving notice allow up to six months from the day of posting notice to the other parties to negotiate satisfactory terms of dissolution;
4) That no steps shall be taken to dispose of any property included in the agreement to other than participating churches without the approval of the Joint Regional Committee.
The Joint Regional Committee shall appoint a representative Commission of not less than two to consult with all parties and act with them to wind up affairs under Clause (2) of the Property Clauses. (see also 251)
262 Dissolution – Union Parishes
Initiative
1) If difficulties are being experienced within the parish, the session/parish council or any of the parties may request the Joint Regional Committee to convene a special visitation to discuss the matter.
2) A decision to dissolve the agreement may be reached on the initiative of:
A) The session/parish council;
B) The Joint Regional Committee;
C) A party to the agreement.
A) Dissolution by the Initiative of the Session / Parish Council
If it is manifest to the session parish council that the agreement cannot be made to work satisfactorily, the session/parish council may resolve to request the Joint Regional Committee to set up a commission to discuss the question at a congregational meeting in the parish.
1) The Joint Regional Committee shall notify the district courts and set up a representative Commission of not less than two members.
2) The Commission meets with the congregation, and should that meeting reach a decision that irreconcilable differences exist such as to call for the dissolution of the agreement, then the following steps shall be followed:
1) The JRC shall within seven days of the meeting communicate the terms of the resolution in writing to each of the district courts of the participating churches.
2) The decision must be confirmed one month after the congregational meeting by the session/parish council. This confirmation requires a majority of at least 70 per cent of the office bearers of each of the participating churches.
3) Upon receiving this confirmation of the decision the JRC reports to the district courts of the participating churches.
4) On receipt of replies from each district court the Commission shall consider these replies and all other relevant information and report to the Joint Regional Committee.
The Committee may either defer dissolution pending further discussion; or
set the soonest possible date for the agreement to be deemed to be dissolved. In either case the Joint Regional Committee shall advise the churches and the session/parish council accordingly.
The Commission shall act with the parties to wind up the agreement in accordance with Clause (2) of the Property Clauses. (see also 251)
B) Dissolution by the Initiative of the Joint Regional Committee
If the Joint Regional Committee decides that the agreement cannot be made to work satisfactorily and for any reason a resolution to dissolve the agreement is not forthcoming, the Committee may decide to recommend the dissolution of the agreement, but such resolution shall not be deemed effective until the following steps have been taken:
1) The Joint Regional Committee shall, within seven days, notify the session/parish council and the district courts of the participating churches of its recommendation.
2) On receiving (within three months) confirmation of the recommendation from any of the district courts, the Joint Regional Committee shall appoint a representative Commission of not less than two members.
3) The Commission shall meet with the session/parish council explaining the reasons for the Committee’s actions and clarifying the point of view of each party.
4) Upon receiving the report from the Commission the Joint Regional Committee may confirm the recommendation to dissolve the agreement and report to the district courts who shall communicate their concurrence or otherwise within three months to the Joint Regional Committee and the session/parish council.
5) When the concurrence of the district courts has been obtained, the Joint Regional Committee shall set the soonest possible date for the agreement to be deemed dissolved and advise the churches accordingly. The Commission shall act with the parties to wind up the agreement in accordance with Clause 2 of the Property Clauses. (see also 251)
C) Dissolution by the Initiative of One Party of the Agreement
Should action under section A and/or B fail to resolve serious disharmony within the parish, any one of the parties (local or regional) may give notice of withdrawal from the agreement. Such notice shall be considered valid providing:
1) No action has been or will be precipitated without reference to the appropriate higher church courts;
2) The district court of the party intending to withdraw gives notice (with reasons) in writing to the session/parish council, the Joint Regional Committee and the other parties to the agreement;
3) That those giving notice allow up to six months from the day of posting notice to the other parties to negotiate satisfactory terms of dissolution;
4) That no steps shall be taken to dispose of any property included in the agreement to other than participating churches without the approval of the Joint Regional Committee.
The Joint Regional Committee shall appoint a representative Commission of not less than two to consult with all parties and act with them to wind up affairs in accordance with Clause 2 of the Property Clauses. (see also 251)
263 Dissolution – Joint Use and Other Schemes
Initiative
1) If difficulties are being experienced within the joint venture, the joint local committee or any of the parties may request the Joint Regional Committee to convene a special visitation to discuss the matter.
2) A decision to dissolve the agreement may be reached on the initiative of:
A) The Joint Local Committee;
B) The Joint Regional Committee;
C) A party to the agreement.
A) Dissolution on the Initiative of the Joint Local Committee
If it is manifest to the joint local committee that the agreement cannot be made to work satisfactorily, the committee may by resolution decide to seek the dissolution of the agreement. That resolution shall immediately be communicated to the Joint Regional Committee and to each local church court.
The resolution shall not be deemed effective until the following steps have been taken:
1) Upon receipt of the resolution, the Joint Regional committee shall, within seven days, communicate the terms of the resolution to each of the district courts (in the case of the Church of Christ or the Congregational Union the district court shall be taken to mean the congregational meeting which decides all matters) of the participating churches.
2) The Joint Regional Committee shall appoint a Commission of not less than two members to oversee the settlement of all procedures relating to the dissolution.
3) Each district court shall:
a) Convene a meeting of the local parishioners and office bearers in the area to discuss the resolution. Members of the Commission will attend and each meeting should be convened within one month of receiving the resolution of the joint local committee.
b) Consider its response to the resolution in the light of (a) above and forward its concurrence or otherwise to the Joint Regional Committee within three months of receiving notification.
4) On receipt of replies from each district court the Commission shall consider these replies and all other relevant information and report to the Joint Regional Committee. The Committee may either defer dissolution pending further discussion; or set the soonest possible date for the agreement to be deemed to be dissolved. In either case the Joint Regional Committee shall advise the churches and the joint local committee accordingly.
The Commission shall act with the parties to wind up the agreement in accordance with Clause 2 of the Property Clauses. (see also 251)
B) Dissolution by the Initiative of the Joint Regional Committee
If the Joint Regional Committee decides that the agreement cannot be made to work satisfactorily and for any reason a resolution to dissolve the agreement is not forthcoming, the Joint Regional Committee may decide to recommend the dissolution of the agreement, but such resolution shall not be deemed effective until the following steps have been taken:
1) The Joint Regional Committee shall, within seven days, notify the joint local committee and the district courts of the participating churches of its recommendation. (It is expected that each district court will take this opportunity to discuss the question with its parishioners and office bearers.)
2) On receiving (within three months) confirmation of the recommendation from any of the district courts, the Joint Regional Committee shall appoint a representative Commission of not less than two members.
3) The Commission shall meet with the joint local committee explaining the reasons for the Joint Regional Committee’s actions and clarifying the point of view of each party.
4) Upon receiving the report from the Commission the Joint Regional Committee shall formulate a recommendation to the district courts who shall communicate their concurrence or otherwise within three months to the Joint Regional Committee and the joint local committee.
5) When the concurrence of the district courts has been obtained, the Joint Regional Committee shall set the soonest possible date for the agreement to be deemed dissolved and advise the churches accordingly.
The Commission shall act with the parties to wind up the agreement in accordance with Clause (2) of the Property Clauses. (see also 251)
C) Dissolution by the Initiative of One Party to the Agreement
Should action under sections A and/or B fail to resolve serious disharmony any one of the parties (local or regional) may give notice of withdrawal from the agreement. Such notice shall be considered valid providing:
1) No action has been or will be precipitated without reference to the appropriate higher church courts;
2) The district court of the party intending to withdraw gives notice (with reasons) in writing to the joint local committee, the Joint Regional Committee and the other parties to the agreement;
3) That those giving notice allow up to six months from the day of posting notice to the other parties to negotiate satisfactory terms of dissolution;
4) That no steps shall be taken to dispose of any property included in the agreement to other than participating churches without the approval of the Joint Regional Committee. The Joint Regional Committee shall appoint a representative Commission of not less than two to consult with all parties and act with them to wind up affairs in accordance with Clause (2) of the Property Clauses. (see also 251)
271 Amendments
1) Amendments
The agreement is amended in the following ways:
1) The supreme courts of the negotiating churches approve from time to time amendments to the Common Provisions. These are published in the Annual Reports of the Forum of Co-operative Ventures. These amendments apply to all co-operative ventures from the date indicated by the Forum.
2) A parish or any of the parties to an agreement may seek to vary the agreement with respect to specific clauses provided the changes are not at variance with the Common Provisions nor intended to supersede them. Such amendments shall be approved by a two-thirds majority of a duly constituted parish meeting (see also 222) together with the appropriate bodies of the participating churches. (see also 132)