Incorporated Societies Law Changes
The new Incorporated Societies Act was passed in April 2022, replacing the old Act from 1908. Below you'll find information on each of the changes affecting community organisations.
CNA thanks our friends at Parry Field Lawyers for their permission to link directly to their excellent resources. They provide these helpful resources, guides, links to seminars, and more so you can be empowered to take the right next steps.
Parry Field Lawyers offers short, free consultations regarding the Incorporated Societies Act please
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to go to their page.
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One Page Timeline
This simple infographic gives you a time line and what changes need to happen
to every Incorporated Society over the next 2+ years.
What It Means for your incorporated Soc.
Each Incorporated Society will need to update their constitution
(the rules of the organisation) which will need to be adopted and reregistration with the Companies Office.
Governance
The old Act only required a society to have officers. Under the new Act, a society
must have a committee.
Membership
Membership is a key point of difference for incorporated societies. It is a source of strength as a member led organisation
can draw on the enthusiasm of its member base.
Conflicts of Interest
The new Act requires an officer to disclose
when they are interested in “a matter”. meaning a society’s performance of its activities or exercise of its powers, or a transaction made or entered into, or proposed to be entered into, by the society.
Dispute Resolution
Unlike the old Act, the new Act requires
the society’s constitution to include dispute resolution procedures, including provision for how a complaint may be made
Officers
There are reasons that a person may not be permitted
to become an officer of your society, this link will take you to the Act itself.
Reregistering Your Society
Every Incorporated Society will need to reregister after bringing their constitution/rules up to spec - here's how and what is needed to apply.
Companies Office
The Companies Office also has a wide variety of information on the what, where and how
of the changes to the law.
NZ Companies Office Constitution Builder
This is a fantastic build-it-yourself, step by step guide that will let you create a draft document for writing or revising your society's rules.
This is not a substitute for legal advice , but a way to get started on your changes
Advice
Throughout Aotearoa/NZ Community Law
has branches and may be able to help you.
CLICK HERE
to go to their website
Parry Field Lawyers
also offer short, free
consultations, CLICK HERE
to go to their website
