Presidents Update Oct 2019

PRESIDENT’S UPDATE
4TH OCTOBER 2019
43 Hargood Street, Woolston, Christchurch
Ph: 03 389 7039 l Shuttle: 0508 966 5786
woolstonclub.co.nz l info@woolstonclub.co.nz
facebook.com/WoolstonClubInc

OPEN LETTER TO ALL MEMBERS OF THE WOOLSTON CLUB
4 October 2019
Dear Members,
In recent weeks, there has been significant unrest within the membership of
the Club.
Background
An incident occurred in the Whitford's Restaurant on the 30 June 2019 between
staff member, Amy Cooney and Board member, Mr Michael Backhurst.
A formal letter of grievance based on this incident was received 2 July 2019
by the General Manager, Mr Tim Marsh, in which the complainant alleged
they has experienced an act of service related aggression, as they were carrying
out their duties. Aggression claimed, that could constitute a physical
assault, having taken place. The letter of complaint was followed by two eye
-witnesses written accounts in support of the incident having taken place.
As an employer of Staff, the Woolston Club are obligated to investigate the
incident in accordance with the clubs Bullying and Harassment Policy, which
it duly did, using an independent investigator from S &A Consulting Ltd. It
was this reports finding that concluded based ‘on the balance of probabilities’,
of interviews conducted and systematic review of supporting eyewitness
reports, there was sufficient evidence to support claims made.
That Michael Backhurst has repeatedly engaged in unreasonable behaviours
having regard to the circumstances investigated, which reliably establish
that Amy Cooney would have expected to have been victimised, humiliated,
undermined or threatened. The report made no finding on whether an assault
had taken place, as this was outside the scope of the report mandate.
However, Amy Cooney was advised if she considered that she had been
assaulted, therefore, possibly a criminal offence has been committed; she
should refer the matter to the police.
Further, the report recommended that employer action is taken, so that all
employees are safe and free from bullying, harassment and discrimination
at work. Therefore, relied on facts not in dispute, it is reasonable to conclude
that Amy’s mental or physical health and safety within the workplace
may be at risk- if in fact she is to have ongoing contact with Michael Backhurst.
Therefore, in order to provide a safe working environment for our staff, Mr
Backhurst was trespassed from the club and its premises for a period of 2
years from 19 July 2019, by the General Manager, Tim Marsh, whom has
the mandate and authority to implement such a penalty. Please be aware,
as a private member club, the manager can trespass anyone, at any time.
What does ‘unreasonable behaviour mean?
"Unreasonable behaviour" means behaviour that a reasonable person, having
regard to all the circumstances, would expect to victimise, humiliate,
undermine or threaten.
"Behaviour" includes actions of individuals or a group and may involve using
a system of work as a means of victimising, humiliating, undermining or
threatening.
What does assault mean?
The Crimes Act 1961 No 43(as at 28 September 2017), Public Act Interpretation-
New Zealand Legislation states the following:
“assault means the act of intentionally applying or attempting to apply
force to the person of another, directly or indirectly, or threatening by any
act or gesture to apply such force to the person of another, if the person
making the threat has, or causes the other to believe on reasonable
grounds that he or she has, present ability to effect his or her purpose”

During the investigation, two eye witnesses were interviewed as was Amy
Cooney and Michael Backhurst. Mr Backhurst stated during his interview
that he has consumed between 4 to 5 jugs of beer and admitted that he was
agitated at the time. Mr Backhurst also stated that he could not remember
striking Amy Cooney.
CCTV footage was retrieved as part of the investigation, and it was discovered
that one of the camera’s, while it was operating correctly at the time of
the incident, as were all of the other cameras on the site, it no longer had
footage between the times of 17:20 and 19:40 pm.This duration covers the
time of the incident and would have provided the clearest coverage. CCTV
footage was extracted from another camera in the vicinity.
The CCTV footage was released to Mr Backhurst under the Privacy Act.
As soon as the investigation report became available, General Manager,
Tim Marsh advised, President, Ian Brook.
The Emergency Committee convened, being President, Vice President and
another Board member. The Emergency Committee did not hand down the
penalty; it endorsed the actions of the General Manager in trespassing Mr
Backhurst from the club for a period of 2 years from 19 July 2019. For the
avoidance of doubt, the General Manager holds the mandate and authority
to trespass any person, or persons from the club without the approval of
the board.
The investigation report was then ratified at the next Full Board meeting on
22 July 2019 by a majority of the Board with the exception of one board
member, Gary Saundercock.
This footage has been shown extensively within the club environs to support
a petition against the Board. Showing this footage, outside of the Special
General Meeting of the 23 September by Mr Backhurst’s supporters is in
Breach of the Privacy Act, even if Mr Backhurst has given consent of the
CCTV footage release, other individuals clearly seen in the CCTV footage
have not given their consent. Legal advice is being sought.
President, Ian Brook has been publicly accused and criticised for not acting
when the incident occurred by taking Mr Backhurst’s membership card and
dealing with him “on the spot”. After discussion immediately after the event
with Ian Brook, Amy Cooney chose to seek an apology from Mr Backhurst in
acknowledgment for what had occurred to her.
Mr Backhurst was given two opportunities by Amy Cooney on the night of
the 30 June 2019 after the incident to offer her an apology. Michael did not
take this opportunity to act.
Further to this, Legal advice was sought from our Lawyers, Davidson Legal.
Please refer to APPENDIX A. Davidson Legal advises in their letter of 26 August
2019, that they had reviewed the Club Rules, information from the
complainant, Amy Cooney and the report prepared by S & A Consulting Ltd,
including the witness statements.
Advice provided clearly states “that the Club has accrued potentially significant
legal exposure as a result of this incident on the number of fronts: in
particular in regard to the obligations owed to Amy as an employee under
the Employment Relations Act 2000, The Clubs duty under the Health and
Safety at Work Act 2012, potential exposure to a Police complaint, should
Amy wish to make a complaint, and further exposure as a result of a Police
complaint, or separately, under the Sale and Supply of Alcohol Act 2012. “
Simply put, the Woolston Club faces significant financial penalties should it
not comply with the Law.

Clubs New Zealand
Club President, Ian Brook consulted with Club’s New Zealand on the matter
of the clubs Constitution and Rules, and the implementation of Employment
Law in relation to the club rules.
APPENDIX C. is a letter signed by Larry Graham, Chief Executive of Clubs
New Zealand Incorporated states the following:
“Under the new Workplace Health and Safety Act now in force in New Zealand,
the Woolston Club, as employers have an obligation to provide a safe
environment for all of our staff to work in.
The new Workplace Health and Safety Act was enforced on 4 April 2016;
therefore, the Woolston Club’s rules do not align with these new laws as our
rules currently stand. This means for the club and its members that any
complaints received from our staff cannot be dealt with by the Judicial Panel
in accordance with our current rules.”
“Club’s must also remember that although they are governed by their Constitution,
they are also bound by the Laws of New Zealand particularly in
relation to the Workplace Legislation. The Management of a club are obligated
to ensure that employees have a safe work environment and that all
relevant legislation is adhered to. Failure to do so puts the Club at considerable
risk”.
Any rules, including those of the Woolston Club are subject to interpretation,
and are there for guidance. Whereby, the Law is written and passed
into law by Government, and is not subject to interpretation.
What has the Board Done Wrong?
Club Rules and the Workplace
This is not the first instance whereby the Club Rules have been superseded
by New Zealand Law. APPENDIX B. is a letter sent on the 3 rd September
2016 by the then President, Ms Caroline Kellaway to a club member that
had their membership revoked for an indefinite period.
This incident involved ongoing aggressive and threatening behaviours towards
Management, Board Members, and Staff.
The President and the Board has been placed in a difficult position where it
has been vilified by members for its actions of upholding the law. To reiterate,
the General Manager has an obligation to uphold any legislation and
law’s relating to Employment matters, including the personal safety of all
Staff, at all times as set out in the letters from Davidson Legal and Clubs
New Zealand.
The Emergency Committee convened to endorse the actions of the General
Manager; this is no different in the incident as applied by Ms Caroline Kellaway
in 2016.
In this letter, it is stated:
The Board has been accused of not facing up to its members. This is not
correct.

The Board attended a Special General Meeting on the 27 August 2019 at
the request of 137 members, approximately 4.5% of the membership. The
tone of the meeting was threatening and abusive towards the General
Manager, President and Board. Personal safety was at risk.
A second Special General Meeting was called by the Board and held on the
23 September 2019 for the sole purposes of:-
To provide members of the Woolston Club disclosure of the independent
report and CCTV footage of the incident relating to Michael Backhurst.
Conclusion
As outlined in this letter, the Management, President and Board have acted
with integrity by seeking professional guidance and advice in this situation
to ensure that no legal obligations are conceded, or the club is placed in a
financially vulnerable situation.
As previously stated, how this matter has been handled, is not new to the
club, as demonstrated in the letter prepared by then president, Ms Caroline
Kellaway, relating to a similar situation in 2016
The disclosure was in acknowledgment of the previous Special General
Meeting whereby members attending wanted evidence. To reiterate, the
release of the investigation report and CCTV footage was for the purposes
of discovery only, as clearly disclosed in the meetings purpose.
Again, the Management and Board have been accused of not facing up to
its members. The previous Special General Meeting was concluded with
threatening behaviours towards the Manager, President and Board. This
was disturbing, intimidating and personally offensive. This is totally unacceptable
behaviour and is harassment. The Board should not be subjected
to this boorish behaviour from its members.
The President and Board are elected, and are volunteers. They give their
time freely for the benefit of all members.
Finally, it is obligatory that it be known by members of the Woolston Club,
that this matter has caused a great deal of segregation between members,
and created financial costs that could have been avoided.
Members have been intimidated into signing petitions without the facts
being fully disclosed and privacy of others has been compromised.
The General Manager, Tim Marsh and President, Ian Brook have been personally
threatened. Investigations are on-going.
For the avoidance of doubt, at this time, the police have not been involved
in the incident with Mr Backhurst. To date, Amy had faith in the process
provided by the General Manager, supported by the Board which should
have been sufficient to deal with this matter. This is clearly now not the
case, due to the ongoing intimidation and abuse that Amy has encountered
in the last three months from a number of our club members, which is intolerable
and untenable. Unfortunately, due to the continuation of these
actions, Amy is now pursuing other avenues.

It is concerning that there are continuing incidences of unacceptable behaviour,
harassment and general displays of rudeness towards our staff. The
Club will not be tolerating this. Any reports of unacceptable behaviour will
be investigated by the Club.
It should go without saying, that we need be kind to each other and show
mutual respect, and I am concerned when I hear reports of Club members
that are less than welcoming, abusive, rude or critical of the behaviour of
others and at times disparaging of the Club. While these are the exception
to the majority of our members, they do have a negative impact on the atmosphere
at the Club and our reputation.
The biggest disappointment is the behaviour that is being displayed when
the club is making significant headway, and one person and his supporters
have the potential to destroy the hard work of many, and bring the club
into a very vulnerable and precarious position going forward.
Please remember, Club membership is a privilege, not a right.
Yours sincerely
Ian Brook
President

APPENDIX A. APPENDIX A.

APPENDIX B.
APPENDIX B.
3 September 2016
Mr. XXXXX XXXXXXX
XXXXXXXXXX
XXXXXX
Christchurch XXX
Dear Mr. XXXXXXX
The purpose of this letter is to inform you of the outcome of The
Woolston Club’s Emergency Committee meeting, which took place
on Thursday 1 September 2016.
The meeting was convened to further review, discuss, and reconsider
the resulting decision which had arisen from your disciplinary
Judicial meeting of Wednesday 24th August 2016, held at the
Woolston Club.
It is our view that behavior’s by our members that involves employed
staff of our club can no longer, be dealt with by our clubs
Judicial System as it has been in the past.
Under the new Workplace Health and Safety Act now in force in
New Zealand, the Woolston Club, as employers have an obligation
to provide a safe environment for all of our staff to work in.
The new Workplace Health & Safety Act was enforced on 4 April
2016; therefore, the Woolston Club’s rules do not align with these
new laws as our rules currently stand. This means for the club and
its members that any complaints received from our staff cannot be
dealt with by the Judicial Panel in accordance with our current
rules.
It has become apparent that your ongoing aggressive and threatening
behavior’s towards Management, Board Members and our
staff is now at an unacceptable level, therefore, has created an untenable
situation for the Board & Management of the Woolston
Club.
Your displayed behavior of using foul & abusive language and
making physical threats demonstrate little or no respect towards
staff & members of the club, as well as not upholding the rules &
protocols expected of our members.
The ongoing safety & wellbeing of our staff is paramount and we
view this in a very serious manner.
Accordingly, the Emergency Committee has made a decision which
supersedes any decision made by the Judicial Panel on 24th August
2016.
As a result of the meeting held today, your membership to the
Woolston Club will be revoked for an indefinite period as from midnight
Saturday 3rd September 2016.
Yours faithfully
Woolston Club Emergency Committee
Caroline Kellaway PRESIDENT
Ian Brook. VICE PRESIDENT
Tim Marsh. GENERAL MANAGER

APPENDIX C. APPENDIX C.

ADDITIONAL RESOURCES
PARLIMENTARY OFFICE - NEW ZEALAND LEGISLATION
HEALTH AND SAFETY IN THE WORKPLACE ACT 2015
http://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5976660.html
CRIMES ACT 1961
http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM327382.html
EMPLOYMENT RELATIONS ACT 2000
http://www.legislation.govt.nz/act/public/2000/0024/latest/DLM58317.html
HUMAN RIGHTS ACT 1993
http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304212.html
WORKSAFE
NEW ZEALAND GOVERNMENT REGULATORY BODY FOR HEALTH AND SAFETY IN THE
WORKPLACE
https://worksafe.govt.nz/
TOOLS AND TEMPLATES TO ASSIST WORKPLACES
PROUDLY SERVING THE
COMMUNITY FOR OVER 60 YEARS
https://worksafe.govt.nz/topic-and-industry/bullying-prevention-toolbox/