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Chapter 14: Meetings of Church in Assembly
14.1 Background
1. The General Assembly is the governing body of the Church. As such it exercises authority over all synods, presbyteries, church councils, congregations, faith communities and also over ministers, elders, and members and associate members of congregations.
2. The Church meets in Assembly in the following ways:
a) as the General Assembly of the Church,
b) as a Special Assembly, and
c) as an Emergency Assembly.
Defined terms: Assembly, associate member, Church, church council, congregation, elder, Emergency Assembly, faith community, General Assembly, member, minister, presbytery, Special Assembly,
Purposes and functions of General Assembly
14.2 Primary purposes and functions of General Assembly
1. The primary purposes and functions of the General Assembly are
a) to worship God,
b) to facilitate and resource the life, worship, and spiritual nurture of the Church,
c) to act in a judicial capacity as the supreme judicial body of the Church,
d) to act in an administrative capacity as the supreme administrative body of the Church,
e) to act as the legislative body of the Church, and
f) to deal with such other matters that the General Assembly considers appropriate.
2. A decision of the General Assembly is conclusive and binding on the whole Church.
3. The General Assembly may, without being limited by any specific power set out in this Book of Order, do anything that in its opinion is necessary or desirable to further the mission of the Church, except in relation to changes to the Book of Order that can only be effected by the special legislative procedure.
Defined terms: Book of Order, Church, General Assembly, special legislative procedure.
14.3 Powers of General Assembly
1. The General Assembly has all the powers necessary for it to perform its purposes and functions set out in this chapter.
2. The General Assembly may establish committees or commissions to which it may delegate such powers, other than legislative powers, as it considers appropriate.
3. If the General Assembly considers that the operation of a committee or commission ought to be continuous, it may appoint that committee or commission to be a standing committee.
4. The General Assembly may appoint the members of all committees or commissions for such term as it thinks fit.
5. The General Assembly may receive reports from committees and commissions and may act in respect of any report as it considers appropriate.
6. The General Assembly may, in accordance with chapter 3, issue supplementary provisions and forms to assist with implementing this chapter.
Defined terms: General Assembly, supplementary provisions
14.4 Duties of General Assembly in carrying out the mission of the Church
1. Consistent with its mission and with a view to establishing, promoting and administering national and world-wide ministries of witness, service, growth, development, and education and to promote international relationships, the General Assembly
a) develops overall objectives for furthering its mission,
b) prepares a strategy to guide the Church,
c) sets priorities for the work of the Church,
d) deals with matters which it determines are of concern to the Church, and
e) where appropriate, co-operates and acts jointly with other churches and other religious faiths and national and international bodies or organisations.
2. The General Assembly must appoint a nominating committee to make nominations for appointment as provided for in the Book of Order.
Defined terms: Book of Order, Church, General Assembly
Composition and duties of General Assembly
14.5 Membership of General Assembly
1. The General Assembly consists of
a) ministers and elders elected by presbyteries to be commissioners,
b) associate members, being ministers or elders or any other persons whom the Assembly require to be present for the conduct of its business,
c) the president and the secretary of the Association of Presbyterian Women, or their substitutes chosen by them from the membership of the national executive; their names to be intimated annually to the Clerk of Assembly by the national secretary,
d) additional members, being youth representatives who are members of the Church or of a co-operative venture, and
e) other persons and representatives of organizations that an Assembly resolves should be included in its membership.
2. Appointments to the General Assembly must be made in accordance with section 17 of chapter 8 and section 26 of this chapter.
Defined terms: Church, Clerk of Assembly, commissioner, co-operative venture, elder, General Assembly, member, minister, presbytery.
14.6 Quorum
Forty members (including the Moderator) including at least 10 ministers and 10 elders constitute a quorum of the General Assembly provided that there are members present from at least half of the presbyteries.
Defined terms: elder, General Assembly, minister, Moderator, presbytery.
14.7 The legislative function of the General Assembly
1. The General Assembly may pass resolutions defining
a) the constitution of the Church and its constituent bodies as set out in the Book of Order, and
b) the powers, authority and duties of those bodies and the procedures with which they must comply.
2. Subject to subsection (4), resolutions passed by the General Assembly are binding.
3. The General Assembly in exercising its legislative functions may from time to time authorise and issue documents that provide
a) statements of doctrine and faith for members of the Church,
b) governance of the Church, and
c) constitutions of bodies and organisations which are subsidiary to or associated with the Church.
4. Except in the case of legislative proposals affecting provisions of the Book of Order that can be altered, amended or deleted only in accordance with the special legislative procedure, the General Assembly may alter, amend or delete any other provision of the Book of Order by resolution.
5. If when considering a legislative proposal affecting a provision of the Book of Order, the General Assembly resolves to move on to the next item of business on its agenda, the proposal lapses unless the Assembly then also resolves that discussion of the proposal should resume at a later date.
Defined terms: Book of Order, Church, General Assembly, special legislative procedure
14.8 Proposals for legislation
1. The General Assembly must initiate any legislative action by proposal.
2. The following may place a proposal for legislative action before the General Assembly
a) the Council of Assembly or any of its committees or commissions,
b) a presbytery,
c) a synod,
d) a church council through its presbytery, or
e) a commissioner of the General Assembly while the Assembly is sitting.
3. Except in the case of a proposal proposed by a commissioner of the General Assembly while an Assembly is sitting, notice of intention to propose or transmit a proposal to the Assembly must be received by the Clerk of Assembly not later than the time provided for by the Standing Orders of the Assembly.
Defined terms: Assembly, Clerk of Assembly, church council, Council of Assembly, General Assembly, presbytery.
14.9 Special legislative procedure
1. In dealing with any proposal to alter, amend or delete a provision of the Book of Order that cannot be accomplished except in accordance with the special legislative procedure, the following procedure must be adopted:
a) if the General Assembly accepts such a proposal, it must remit the proposal to all presbyteries, including Te Aka Puaho, for consideration,
b) if, in the opinion of the General Assembly, the proposal requires urgent action, the General Assembly may, at the same time as it remits the proposal to presbyteries, pass the proposal as an interim provision of this Book of Order having force until the next General Assembly meets,
c) the Clerk of Assembly must call for responses from presbyteries in respect of any proposal remitted to them,
d) a presbytery which receives a proposal so remitted may communicate to the following General Assembly its approval or disapproval of the proposal by forwarding that approval or disapproval to the Clerk of Assembly who shall report it to the Assembly,
e) the General Assembly must proceed to reconsider the proposal,
f) the General Assembly must have regard to the responses of approvals or disapprovals received from presbyteries,
g) the General Assembly must accept or reject the proposal, except that, if before accepting or rejecting the proposal, the Assembly resolves to move on to the next item of business on its agenda, the proposal lapses unless the Assembly then also resolves that discussion of the proposal should resume at a later date.
2. If a majority of presbyteries to which the proposal was remitted and which responded expressed disapproval, the General Assembly
a) must not accept it, and
b) may resubmit the proposal.
3. If the General Assembly resubmits the proposal, the same procedure applies.
4. If the General Assembly accepts the proposal either in the first instance or upon reconsideration, it becomes a part of this Book of Order and is final and binding on the Church and its constituent bodies.
Defined terms: Book of Order, Clerk of Assembly, Church, General Assembly, presbytery, special legislative procedure, Te Aka Puaho
14.10 The judicial function of the General Assembly
1. The General Assembly is both an appellate and review authority.
2. The General Assembly, in its appellate function, must receive and decide appeals and complaints referred to it by
a) a presbytery,
b) any party in respect of a decision by a presbytery.
3. The General Assembly may, as part of its function of oversight, review a decision by a presbytery either on its own initiative or on the application of a party to the decision.
4. In an exceptional case, and if the General Assembly considers it appropriate because of the general importance of the matter, the General Assembly may deal with a matter placed before it by a presbytery although the presbytery has not itself determined the matter.
5. This section does not apply to disciplinary matters. These are dealt with under Chapter 15.
Defined terms: disciplinary matter, General Assembly, presbytery.
14.11 Powers and duties relating to administrative functions
In carrying out its administrative functions, the General Assembly must
a) provide a system of administrative services in order to fulfil its objectives and to provide services for the whole Church that can be performed more effectively from a national base,
b) make standing orders for the conduct of its own proceedings,
c) oversee all organisations associated with the Church,
d) when it considers it necessary to do so, issue supplementary provisions under chapter 3,
e) appoint commissions and committees to conduct the general operations of the Church or for any specific purpose,
f) appoint a panel of persons to constitute the Assembly Judicial Commission,
g) review and make final decisions where required in respect of administration by commissions and committees established by the General Assembly,
h) oversee presbyteries, including the formation of new presbyteries, and if the General Assembly considers it to be desirable, the dissolution or amalgamation of presbyteries,
i) maintain a roll of ministers and licentiates, and
j) where it considers it appropriate, set assessments on church councils and recover payment of those assessments.
Defined terms: Assembly Judicial Commission, Church, church council, General Assembly, presbytery, supplementary provisions
Council of Assembly
14.12 Establishment and responsibilities of the Council of Assembly
1. The General Assembly must establish a Council of Assembly.
2. The responsibilities of the Council of Assembly are to
a) implement policy and strategy for the Church within the direction set by the General Assembly, to make recommendations regarding policy to the General Assembly, and to report to the General Assembly on policy development and operations,
b) review, form, reform and discharge groups to carry out General Assembly functions without infringing the powers of the General Assembly and to delegate functions to appropriate groups, persons, or bodies,
c) act as a Commission of Assembly in appointing the Assembly Executive Secretary where appointment by the General Assembly is not possible without the calling of an emergency meeting,
d) oversee and direct the Assembly Executive Secretary in managing all employees of the General Assembly, and in relation to the Assembly Executive Secretary, to act as a Commission of Assembly to concur in the acceptance of a call or resignation, or to terminate an appointment,
e) receive nominations from the nominating committee and make appointments to the Council of Assembly, commissions, committees and other bodies,
f) allocate funds raised for the work of the General Assembly,
g) adopt the accounts of the General Assembly, report these to the General Assembly, and appoint a person to review or audit the accounts in accordance with the Financial Reporting Act,
h) nominate co-conveners of the nominating committee to the General Assembly,
i) appoint a commission to consider, prior to an Assembly and if the Council thinks it advisable to do so, any particular matter which has been submitted to the Clerk of Assembly with the instruction to the commission that it must report to the Assembly on that matter but not determine it,
j) summon a Special Assembly to determine proposals or references, after consultation with the Book of Order Advisory Group,
k) refer any appeal, proposal or reference to the Assembly Judicial Commission, after taking advice from the Book of Order Advisory Group, and to appoint the Commission for the purposes of any such proceeding comprising
(i) not less than 3 nor more than 5 members from the panel of Assembly Judicial Commission members, and
(ii) not more than 2 other members of the Church, being a person or persons particularly suited for appointment having regard to the subject matter of the proceeding, and
(iii) an advisor as to procedure, being a member of the Book of Order Advisory Group or its nominee,
l) do anything else which the Assembly may direct.
Defined terms: Assembly, Assembly Executive Secretary, Assembly Judicial Commission, Church, Clerk of Assembly, Council of Assembly, General Assembly, member, Special Assembly.
14.13 Membership of Council of Assembly
1. The Council of Assembly consists of
a) a convener nominated by the nominating committee,
b) a deputy convener nominated by the nominating committee to complement the skills of the convener and, if the convener is not proximate to Wellington , to provide close liaison with the Assembly Executive Secretary,
c) twelve members nominated by the nominating committee appointed from presbyteries/union district councils,
d) two nominees of Te Aka Puaho,
e) two nominees of the Pacific Islanders’ Synod,
f) the Moderator of the General Assembly,
g) the immediate past Moderator of the General Assembly for the year following his or her term as Moderator,
h) the Moderator designate of the General Assembly for the year preceding his or her term as Moderator, and
i) the Moderator of Te Aka Puaho.
2. The Council of Assembly may appoint other persons as associate members.
3. The Assembly Executive Secretary and the convener of the Presbyterian Church Property Trustees, or the nominee of that convener, are also associate members.
Defined terms: Assembly Executive Secretary, Presbyterian Church Property Trustees, Council of Assembly, General Assembly, Pacific Islanders’ Synod, Te Aka Puaho.
Officers of Assembly
14.14 Election of the Moderator
1. Each General Assembly must elect a Moderator.
2. Each General Assembly must elect a Moderator designate for the next Assembly, but election as Moderator designate does not bind the General Assembly when electing a Moderator.
3. The procedure for nomination is to be set out in the supplementary provisions.
Defined terms: General Assembly, Moderator, supplementary provisions
14.15 Term of office of the Moderator
1. A Moderator assumes office immediately upon election at a General Assembly and retains the office until the election of a successor at the next General Assembly.
2. The Council of Assembly may call an Emergency Assembly for the purpose of terminating the tenure of a Moderator. In that event, the immediate past Moderator becomes Moderator for the Emergency Assembly,
3. If the office of Moderator becomes vacant, an Emergency Assembly may elect an interim Moderator to hold office until
a) the procedures for the nomination and election of a Moderator have been complied with, and
b) a General Assembly has elected a new Moderator.
Defined terms: Council of Assembly, Emergency Assembly, General Assembly, Moderator.
14.16 Duties of the Moderator
1. The duties of the Moderator are to
a) preside over all meetings of the Assembly,
b) preserve order at meetings of the Assembly,
c) open each sitting day of the Assembly with prayer and close it with the benediction,
d) take all votes of the Assembly and announce the result of every vote,
e) pronounce the decision of any judicial proceedings of the Assembly,
f) protect each member of the Assembly in the exercise of his or her rights,
g) ensure that each member of the Assembly has an opportunity to express his or her views within the framework of the standing orders, and
h) fulfil such other requirements as the Assembly may impose.
Defined terms: Assembly, Moderator.
14.17 Powers of the Moderator
1. Upon election and by virtue of the office, the Moderator is a member of any Assembly held during his or her term as Moderator.
2. The Moderator cannot move or second a motion and has no deliberative vote, but may, if the Assembly is equally divided, exercise a casting vote.
3. The Assembly may authorise a Moderator who is an elder (but not a minister) to administer the sacrament of Holy Communion during his or her tenure of office.
4. During his or her tenure of office, a Moderator may make statements on behalf of the Church and represent it on appropriate occasions; however, a Moderator must, before making a statement, whether in a representative capacity or not, use his or her best endeavours to consult the Council of Assembly, the Assembly Executive Secretary, or any relevant committee or Assembly employee.
5. Statements made in accordance with subsection (4) do not bind the Church or an Assembly.
Defined terms: Assembly Executive Secretary, Assembly, Church, Council of Assembly, elder, minister, Moderator
14.18 Assembly Executive Secretary and Clerk of Assembly
1. The Assembly Executive Secretary must be appointed by the General Assembly in accordance with the supplementary provisions.
2. The Assembly Executive Secretary has the authority and other executive powers that the General Assembly or the Council of Assembly determines and may delegate his or her powers and duties.
3. The Assembly Executive Secretary is by virtue of that office also the Clerk of Assemblies held during his or her tenure of office.
4. The Clerk, and any deputy clerks are, by virtue of their offices, members of the Assembly and have the rights and responsibilities of members.
Defined terms: Assembly Executive Secretary, Clerk of Assembly, General Assembly, supplementary provisions.
14.19 Powers and duties of the Clerk of Assembly
1. The Clerk of Assembly must
a) constitute and maintain the roll of members of the Assembly,
b) record the proceedings of the Assembly,
c) keep minutes of its proceedings,
d) preserve its papers, and
e) when required to do so by the Assembly, attest extracts from those minutes.
2. Extracts of minutes attested by the Clerk under this section are to be treated as conclusive and are not subject to correction.
3. The Clerk has the authority and other executive powers that the Assembly or the Council of Assembly determines.
Defined term: Assembly, Clerk of Assembly.
14.20 Delegation by Clerk of Assembly
1. The Clerk of Assembly may delegate the powers and duties for which the Clerk is responsible.
2. The Assembly may accept as deputy clerks any persons to whom powers and duties are delegated under this section.
Defined term: Assembly, Clerk of Assembly.
References and appeals to Assembly
14.21 Delegation of judicial function
1. If it considers it appropriate, the General Assembly may, either generally or in a specific case, delegate its judicial functions to a commission that it appoints for that purpose.
2. A commission cannot sub-delegate any function delegated to it under this section
3. This section does not apply to disciplinary matters. These are dealt with under Chapter 15.
Defined terms: disciplinary matter, General Assembly.
14.22 References by presbytery for advice or decision
1. A presbytery may refer to the General Assembly for advice or for decision any matter, or part of a matter, or any point arising in a matter, which has been brought before it or any part of a matter or any point arising in a matter which is considered to be of special difficulty.
2. A reference may be in respect of any matter dealt with or being dealt with by a presbytery and within its jurisdiction.
3. Where a reference includes or may include matters connected with the doctrine, discipline, worship, or government of the Church, the reference must identify those matters clearly.
4. Assembly must receive references and appeals by way of proposal.
5. In respect of a reference:
a) the presbytery must:
(i) forward to the Clerk of Assembly all documents and extracts of minutes connected with the reference,
(ii) appoint one or more members of the presbytery making the reference to support the reference, and
b) the Clerk of Assembly must advise all parties concerned with the reference of the General Assembly sitting at which the reference will be heard, and
c) the General Assembly must give all parties an opportunity to be heard when the Assembly considers the reference.
6. A reference to the General Assembly stops all further action on or application of the matter dealt with in the reference until such time as the Assembly has heard the reference.
7. If the Council of Assembly decides that it is impractical or undesirable to delay any action or implementation of the matter, subsection (6) does not apply.
Defined terms: Church, Clerk of Assembly, Council of Assembly, General Assembly, presbytery
14.23 Procedure for judicial action on appeal
1. Any person or church council affected by a decision of a presbytery may lodge an appeal to the General Assembly. This section does not apply to disciplinary matters. These are dealt with under Chapter 15.
2. Any person or body wishing to appeal against a decision of a presbytery must lodge the appeal within 10 working days of the notification of the decision.
3. The presbytery must
a) forward to the Clerk of Assembly within 10 working days of the appeal being lodged all records and all papers in its possession relating to the case,
b) draw up and forward to the Clerk of Assembly the reasons for its decision under appeal,
c) at the same time supply to each of the parties to the appeal a copy of all the records and papers (including the reasons for the decision) forwarded to the Clerk of Assembly.
4. The Clerk of Assembly must instruct the parties as to the rules and forms of procedure relevant when requested to do so or when the Clerk of Assembly considers it appropriate to do so.
5. The parties concerned must abide by and follow that instruction.
6. If any party does not do so, the General Assembly may determine that the appeal has been abandoned.
7. An appeal to the General Assembly stops all further action on the matter that is the subject of the appeal until such time as the Assembly has given judgment.
8. Once the General Assembly has given judgment, any further action must be in accordance with that judgment.
9. In dealing with an appeal, the General Assembly must
a) call upon the parties to the appeal and the members of the inferior court appointed by that court to appear before the General Assembly,
b) limit the number of speakers to 2 from each party (whatever the number of persons that party comprises),
c) permit one speaker from each party to reply in addition to the 2 speakers in support.
d) give to the members of the General Assembly the opportunity to put questions through the Moderator to any party including the representatives of the inferior court, whether or not that person has spoken in accordance with paragraphs (b) or (c).
10. The members of the inferior court appointed to appear on its behalf have the same rights to be heard as parties to the appeal.
11. At the conclusion of the hearing, the General Assembly must invite the parties to retire and must then consider the case and either immediately proceed to judgment or take time to consider the matter.
13. The General Assembly must recall the parties when it is ready to deliver judgment and deliver the judgment orally, unless the Assembly chooses to deliver the judgment in writing in which case it should be transmitted to the parties by the Clerk of Assembly and the inferior court advised of the judgment.
13. Upon the delivery of judgment in an appeal, the inferior court must act in accordance with it.
Defined terms: church council, Clerk of Assembly, court, disciplinary matter, General Assembly, presbytery, working day.
14.24 General provisions for appeals and references
1. No party to any reference or appeal may distribute papers relevant to the reference or appeal, including those forwarded to the Clerk of Assembly, to any member of the General Assembly other than the Clerk of Assembly.
2. No party to any reference or appeal may make any approach to any member of the General Assembly that is to hear the reference or appeal.
Defined terms: church council, Clerk of Assembly, General Assembly, presbytery.
14.25 Advice to judicial body
1. The General Assembly or Council of Assembly may appoint a committee or person to
a) advise it or its delegate on the judicial procedures appropriate to the case,
b) examine all material available pertaining to the case, and
c) consider the available facts and circumstances.
2. The committee or person may provide the General Assembly, the Council of Assembly or the delegate with whatever advice that the committee or person considers appropriate.
Defined terms: Council of Assembly, General Assembly.
Procedural matters
14.26 Procedures for appointments to General Assembly
<typohead type="4">Commissioners </typohead>
1. Each presbytery must send a list of its commissioners to the Clerk of Assembly. The provisions of section 17 of chapter 8 apply to the election of commissioners.
<typohead type="4">Associate members </typohead>
2. The Council of Assembly may invite those persons whom it considers may assist in the conduct of the business of the General Assembly and are not commissioners to be associate members for specific purposes.
<typohead type="4">Additional members </typohead>
3. Presbyteries, Pacific Island regional youth committees and Te Aka Puaho may in accordance with the supplementary provisions appoint additional members to represent young people who are members of congregations of the Church or of a co-operative venture.
<typohead type="4">Observer members </typohead>
4. Ministers on the rolls of a presbytery or Te Aka Puaho who have intimated to the Clerk through the presbytery clerk their intention of being present and elders who have intimated to the Clerk though the session/parish clerk their intention of being present are observer members. They have the right to attend the General Assembly but they have no speaking rights nor right to vote.
Defined terms: Church, commissioner, congregation, co-operative venture, Council of Assembly, elder, General Assembly, member, minister, presbytery, session, supplementary provisions, Te Aka Puaho
14.27 Privileges of members of the General Assembly
1. Every duly appointed member of a General Assembly has the right to
a) be present at any sitting of the Assembly,
b) participate in the business of the Assembly,
c) speak in accordance with the rules imposed under standing orders, and
d) vote.
2. Despite subsection (1), the Assembly may limit the right of a member to be present at a committee meeting.
3. To avoid doubt, the Assembly is not in session before the opening prayer or after the benediction.
Defined term: General Assembly.
14.28 Discipline during General Assembly meetings
While in session, the Assembly has the power of discipline in relation to its members, associate members and observer members and may censure or expel any member, associate member or observer member for all or part of a meeting for any breach of its order or authority.
Defined terms: General Assembly
14.29 Date, time and place of General Assembly meetings
1. At each meeting of the General Assembly, the Assembly must fix the date, time and place of the next meeting.
2. If the Moderator and the Clerk of Assembly agree that a change of date, time or place of the next meeting is appropriate, they may appoint another date, time or place for the meeting, but otherwise the date, time and place of meeting already fixed must remain unchanged.
3. In the event of a change of date, time or place of a meeting, the Clerk of Assembly must give as much notice to affected persons as is practical in the circumstances.
Defined terms: Clerk of Assembly, General Assembly.
Special and Emergency Assemblies
14.30 Special Assembly
1. A General Assembly may convene a Special Assembly to determine any business referred to it.
2. A Special Assembly has the same membership as the General Assembly which convened it, except that the General Assembly that convenes a Special Assembly may prescribe a change to the representation for the Special Assembly.
3. Provisions in this chapter applying to a General Assembly apply with the necessary modifications to a Special Assembly.
Defined terms: church council, commissioners, General Assembly, presbytery, Special Assembly
14.31 Emergency Assembly
1. The Council of Assembly may convene an Emergency Assembly to consider any matter of emergency.
2. The Clerk of Assembly must convene an Emergency Assembly if requested to do so by more than one third of presbyteries.
3. The business for which an emergency meeting is called must be stated in the summons sent to the members and no other business may be transacted at the meeting.
4. Before the business of an emergency meeting is dealt with, the action of summoning the emergency meeting must be sustained by resolution, and the Emergency Assembly
a) must determine whether or not a matter referred to it is an emergency, and
b) if it decides that the matter is not an emergency, refer it to the next General Assembly.
5. An Emergency Assembly consists of one minister and one member from each presbytery and from Te Aka Puaho and those associate members associated for the specific purpose of the Emergency Assembly.
6. The Council of Assembly may appoint not more than 3 members additional to those provided for in subsection (5) as it thinks appropriate in the particular circumstances.
7. The quorum for an Emergency Assembly is
8. Provisions of this chapter applying to a General Assembly apply with the necessary modifications to an Emergency Assembly.
Defined terms: Council of Assembly, Emergency Assembly, General Assembly, minister, presbytery, Te Aka Puaho.
14.32 Alteration of this Chapter
This chapter cannot be altered, amended or deleted in any way except in accordance with the special legislative procedure.
Defined term: special legislative procedure.