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Chapter 5: The congregation
5.1 Nature of the congregation
1. A congregation consists of its members, associate members, and other persons who unite for worship, life, and mission and may form part of a charge.
2. Subject to any necessary modifications, the provisions of this chapter also apply to a charge.
Defined terms: associate member, charge, congregation, member
5.2 Functions of the congregation
1. The functions of the congregation are
a) to worship God,
b) to participate in God’s mission to the world,
c) to provide pastoral care for one another and the wider community,
d) to nurture faith within the congregation and the wider community, and
e) to provide for the congregation’s property and finances.
2. In participating in God’s mission to the world, the congregation must
a) identify and play its role in God’s mission to the world,
b) call appropriate ministry leadership,
c) elect congregational office bearers, and
d) accept the discipline and government of the Church.
3. The congregation may make proposals to the church council which will further God’s mission.
4. In providing for the congregation’s property and finances, the congregation must
a) support its life, mission and work,
b) approve the budget and financial statements at the annual general meeting,
c) appoint a suitably qualified person to review or audit the accounts in accordance with the Financial Reporting Act, and
d) hold any meeting necessary to deal with the congregation’s property.
5. In undertaking any function set out in subsection (1), the congregation must have regard to
a) its mission and financial resources, and
b) the policies of the General Assembly.
Defined terms: church council, congregation, congregational office, General Assembly.
5.3 Procedures relating to meetings of congregations
1. The minister or the church council may call a congregational meeting.
2. When calling a congregational meeting, the minister or the church council must, except in case of an emergency, give not less than 10 working days notice of a meeting at a service of worship of the congregation.
3. Despite subsection (2), the minister or church council calling the meeting may give less than 10 working days notice if there are reasonable grounds to consider that there is an emergency.
4. The following persons may chair a meeting of the congregation:
a) the Moderator of the church council,
b) a member of the church council,
c) a member of presbytery.
5. A member of the church council or a member of presbytery may chair a meeting of the congregation only if appointed or deputed by the Moderator of presbytery.
6. Only members and associate members of the congregation may vote at a meeting of the congregation.
7. The chairperson of the meeting must ensure that minutes of the meeting are accurately recorded.
8. The chairperson:
a) cannot move or second a motion, and
b) has no deliberative vote, but may, if the meeting is equally divided, exercise a casting vote.
Defined terms: associate member, church council, congregation, member, minister, Moderator, presbytery, working day
5.4 Application to form a new congregation
1. Any group of persons may apply to a presbytery to form a new congregation or to be recognised as a congregation.
2. A presbytery may form a new congregation or recognise a group of persons as a congregation either on the application of a group of persons or on its own initiative.
Defined terms: congregation, presbytery.
5.5 Matters to be investigated before forming a new congregation
1. If an application is made to a presbytery to form a new congregation or to recognise an existing group of persons as a congregation, or, if a presbytery is considering taking the initiative to do so, the presbytery must give notice to any neighbouring congregation or congregations and investigate all matters relevant to the application or consideration, including the following:
a) the reasons and circumstances which have led to the application, if any,
b) whether the members and associate members of the proposed congregation can comply with section 2 ,
c) whether there are any existing congregations including those congregations operating under the Act of Commitment which can accommodate the needs of the applicants,
d) whether any neighbouring congregation has any objection, and
e) the resources which the applicants will supply to support the life of the congregation.
Defined terms: Act of Commitment, associate member, congregation, member, presbytery.
5.6 Establishment of a co-operative venture
A presbytery may, in accordance with the Act of Commitment, establish a congregation as a co-operative venture, provided it complies with the procedures agreed by the General Assembly and the other parties to the Act of Commitment. Such a Co-operative Venture must comply with the Guide to Procedures in Co-operative Ventures.
Defined terms: Act of Commitment, co-operative venture, congregation, General Assembly, Guide to Procedures in Co-operative Ventures, presbytery.
5.7 Procedures to be followed before deciding whether to form a new congregation
1. If a neighbouring congregation objects to the formation of a new congregation, the presbytery must have regard to those objections before making a decision.
2. The presbytery must hear any person who wishes to be heard on the matter.
3. Before making a decision, a presbytery must consider
a) all relevant information obtained in the course of making its investigations under section 5,
b) any objections or submissions made to it about the matter, and
c) any other matter which the presbytery considers relevant to the application.
4. If a decision is likely to affect adversely the applicant or any other person or congregation, the presbytery must advise the relevant persons or congregation and give them an opportunity to be heard or make written submissions.
5. A presbytery must make its final decision at a meeting of the presbytery.
Defined terms: congregation, presbytery.
5.8 Implication of decision to form a new congregation
A new congregation formed in accordance with this chapter is a charge or part of a charge of a presbytery and entitled to one of the forms of ministry settlement set out in chapter 10.
Defined terms: charge, congregation, ministry settlement, presbytery.
5.9 Dissolution of a congregation
1. A church council may apply to its presbytery to dissolve the congregation.
2. Before making an application under subsection (1), a church council must call a meeting of its congregation.
3. The church council must state the reasons for the application, having regard to the matters listed in section 5.
4. A church council must not make an application under this section without the approval of at least two-thirds of the members of its congregation present at a duly called meeting of the congregation.
Defined terms: church council, congregation, member, presbytery.
5.10 Procedures to be followed before deciding whether to dissolve a congregation
1. The presbytery must investigate an application to dissolve a congregation in accordance with the procedures that apply for the formation of a congregation, as set out in section 5 and subsections (2) to (5) of section 7.
2. A presbytery may take the initiative to investigate whether to dissolve a congregation but it must consult with the members of that congregation before proceeding with the investigation and have regard to the views of the congregation.
3. The presbytery must, within 20 working days of deciding to propose dissolution of a congregation
a) notify the applicants and any interested party of its proposal, stating its reasons for the proposal, and
b) invite written comments to be made within 10 working days.
4. The presbytery must
a) consider any written comments and make a final decision at a meeting of presbytery within 20 working days of giving notice under subsection (3)(a), and
b) notify the applicant and interested parties of its decision within 5 working days of making that decision.
Defined terms: congregation, member, presbytery, working day.
5.11 Responsibilities of presbytery if a congregation is dissolved
If the presbytery decides to dissolve a congregation, it must
a) terminate the pastoral tie between the congregation and its minister, and
b) deal with the property and finances of the congregation as required by chapter 16.
Defined terms: congregation, minister, presbytery
5.12 Right of appeal in relation to decision to form or dissolve a congregation
1. There is a right of appeal to the General Assembly against a decision of a presbytery to form a congregation or to dissolve a congregation.
2. An applicant under section 4 may appeal to the General Assembly against a decision of a presbytery not to form a congregation.
3. An applicant under subsection (1) of section 9 may appeal to the General Assembly against a decision of a presbytery not to dissolve a congregation.
4. A congregation affected by a decision to dissolve a congregation on the initiative of the presbytery may appeal to the General Assembly against a decision of a presbytery to dissolve that congregation.
Defined terms: congregation, General Assembly, presbytery.
5.13 Reporting to the General Assembly
A presbytery must report to the General Assembly when it establishes a new congregation or co-operative venture, or when it dissolves a congregation.
Defined terms: co-operative venture, congregation, General Assembly, presbytery.
5.14 Alteration of this Chapter
Sections 9 to 11 and this section 14 cannot be altered, amended or deleted in any way except in accordance with the special legislative procedure.
Defined term: special legislative procedure.