Summary
Kiwiburn’s Executive Committee (ExCom) reserves the right to revoke an individual’s membership to Kiwiburn Incorporated (Kiwiburn), either temporarily or indefinitely, in the form of a ban from attending Kiwiburn Events and from all other rights of Kiwiburn membership.
Banning is a complaint and offence driven process, and an extreme sanction that is not to be taken lightly. Anyone may register a complaint with, or bring an incident to the attention of, the Conduct Committee (CC).
The complaint or incident may concern an existing member of Kiwiburn, a potential applicant for membership of Kiwiburn, or relate to an existing or potential attendee or participant at any Kiwiburn event.
Additionally, incidents occurring outside of any Kiwiburn event may also be considered and investigated by the CC where the CC reasonably believes the incident has the potential to affect the health, safety and wellbeing of Kiwiburn members or attendees at any Kiwiburn event.
Incidents worthy of discussion are any actions contrary to the Guiding Principles and/or the Kiwiburn policies as per our Terms and Conditions of Ticket Purchase and Entry including Code of Conduct, and reason to believe that these violations are not due to exceptional circumstances but instead representative of a pattern of behaviour of the Person in Question (PIQ) that puts the safety of participants at risk, or otherwise impedes the running of the event. Kiwiburn reserves the right to share the names (but no further details) of banned individuals as per the Terms and Conditions of Ticket Purchase and Entry with associated Burn events, whose organisers may choose to exclude those individuals from their events also.
Examples of such actions include but are not limited to:
1) Behaviour that contravenes the Terms and Conditions of Ticket Purchase and Entry, such as:
- Bringing gang patches, weapons, fireworks or pets
- Trespassing/attempting to gain entry without a ticket
- Physical/sexual/verbal assault and harassment
- Consent violations (refer to Code of Conduct)
- Possession and/or distribution of illegal substances
- Supplying a minor with alcohol
- Trespassing on neighbouring property.
2) Disrespecting other people and their property:
- Ignoring participants’ requests for you to leave their camp or to respect their personal boundaries
- Using/taking other participants’ belongings without permission
- Music/noise levels in excess of our resource consent restrictions
- Non-compliance with our Photography and Filming Policy
- Destruction, defacement or theft of other participants’ property/art, or that of the foliage or infrastructure on the Paddock.
3) Endangering yourself and/or your dependants:
- Excessive and dangerous intoxication
- Failure to actively supervise or care for your children/dependants. When bringing a child, an offsite emergency contact must be supplied and we reserve the right to contact this person anytime we deem it necessary for the safety of the child
- Otherwise reckless and dangerous behaviour.
Please respect the organisers in their pursuit of the above points.
After complaints have been established the following procedures will be followed:
Process for initiating a ban
- The PIQ will be contacted for their side of the story, and may choose to bring a support person into this process. This will be discussed in private by the Conduct Committee. Privacy is to ensure safety, confidentiality, and legal protection from accusations of slander/libel of PIQ, anyone involved in PIQ incidents, and people discussing PIQ. Contact details are retrievable through Kiwiburn’s ticket provider, Quicket, however, if the PIQ was trespassed and did not fulfill their legal duty to provide name and address information upon request, friends of the PIQ may be contacted without stating a reason, or a message may be put on Kiwiburn Forums/Facebook asking for contact from the PIQ, or they may be messaged directly through Facebook.
- If the Conduct Committee favours banning then this will be put to ExCom with a recommendation for how long the duration of the ban should be, providing only enough information as necessary for ExCom to vote. This is a confidential process.
- The internal vote is to be open for a minimum of one week and a maximum of three weeks. There may be discussion among ExCom and/or more information requested from the Conduct Committee. If the vote passes, the Conduct Committee will inform the Person Affected (PA) and the PIQ, followed by an official letter of communication from ExCom to the PIQ, who is given 30 days to respond. A response from the PIQ is not required in order for a ban to take effect.
Applying for Kiwiburn membership reinstatement
To apply to reinstate Kiwiburn membership rights at the end of any prescribed minimum ban period, the PIQ may submit a written request to the Conduct Committee. Evidence-based requests (documentation from, or opportunity to contact persons/entities other than the PIQ, credentialed where appropriate) will be given greater consideration.
- The PIQ may petition the Conduct Committee in writing with the support of at least three Kiwiburn members.
- The Conduct Committee will consider the decision based on the appeal, and may deem that a restorative process, which the Conduct Committee will facilitate, is necessary before the ban can be lifted.
- The Conduct Committee will inform ExCom of their decision, and ExCom will notify the PIQ and the complainant.
- The PIQ may submit an appeal to ExCom and the case will be reviewed. This may involve the Conduct Committee sharing email correspondence and other archived information with ExCom.
