About Mark von Dadelszen

Societies and Charities Law

No New Zealand University provides any academic courses on the law relating to societies, and where academic courses touch on charities they do so briefly and do not normally focus on governance structures for charities. Lawyers advising societies and charities therefore usually “learn by doing,” and much depends on the working environment where that knowledge is acquired and developed. Because of this lack of academic training, most lawyers lack specialist skills in this work and, as a result, Mark von Dadelszen advises not-for-profit entities, other legal firms, and individuals throughout New Zealand, on issues involving societies and charities, with that work including drafting and amending rules and trust deeds, advising on strategic and governance issues, chairing meetings (especially where disruptive behaviour is anticipated), advising on disputes, and acting as counsel in Court proceedings.

As summarised below, Mark’s societies’ and charities’ knowledge and skills are underpinned by years of experience in the governance of, and advice to, a wide range of community and professional organisations, as well as experience during his professional career in other areas of law relevant to societies and charities. As a partner of Bannister & von Dadelszen from 1972 to 2017 and a Consultant until early 2021, he continues a century-long tradition of involvement in, and providing legal advice to, community organisations.

Mark’s experience led him to write (and, initially, self-publish) a book about meeting procedure, Members’ Meetings in 1995, followed by writing Law of Societies in New Zealand – Unincorporated, Incorporated and Charitable in 2000. He is editing both books for 4th Editions to be published after the new Incorporated Societies Act is enacted (rewriting the Law of Societies in New Zealand, in particular, requires extensive research into legislation and Court decisions in all the Australian States and Territories which have statutes comparable to what we are likely to have in New Zealand). Mark has presented numerous seminar sessions on not-for-profit issues and governance, as well as meeting procedure, for community groups, and education providers including the New Zealand Law Society.

For many years Mark wrote regular articles on societies, charities and meeting procedure for the Bannister & von Dadelszen website and for various periodicals, and up-to-date versions of many of those articles may be found at LINK. He was a member of the Project Reference Group (2011-2013) assisting the Law Commission in its review of and proposed reforms to the Incorporated Societies Act 1908, was subsequently engaged by the Ministry of Business, Innovation & Employment to draft model society rules for a society constitution-builder, and is advising client societies to be proactive in anticipation of the replacement of the Incorporated Societies Act 1908, which may well be enacted in 2021.

Honours

Queen’s Service Medal, Queen’s Birthday and Diamond Jubilee Honours, 2012, for services to the community.
Hastings District Council Civic Award (2001) “in recognition of outstanding voluntary service in the fields of community service and the arts.”

University Education

Victoria University of Wellington, Bachelor of Laws, Wellington (1969).
Two Harvard Program on Negotiation workshops, Harvard, Massachusetts, U.S.A. (1990)

Professional

Experience:

1969 – admitted to the Bar.
1966-1971 – general town and country planning, civil litigation, and conveyancing experience in Wellington and Hastings.
1972-2017 – partner of Bannister & von Dadelszen, Hastings and now a Consultant. He has appeared in the Environment Court, the District and High Courts, Court of Appeal, and Privy Council. In the past he has advised on local body and public law issues, such as local authority powers, members’ interests, meeting procedure, bylaws, rating powers, Local Government Act 1974 and 2002 issues, Building Act issues, reserves, financial obligations, land acquisition, road closures, liquor licensing, rates collection, health issues, and dog control.
From the mid-1990’s, he has been advising on issues relating to incorporated societies and charitable societies and trusts, including associated Court litigation.
Client and community seminars on a wide variety of legal issues including trade practices law, intellectual property issues, employment law, defamation, resource management practice and hearings, and local body law.
Member of the Project Reference Group (2011-2013) assisting the Law Commission in its review of and proposed reforms to the Incorporated Societies Act 1908, engaged by the Ministry of Business, Innovation & Employment to draft Model Society Rules for a society constitution-builder,
Presenting seminars on societies and charitable trusts and meeting procedure for the New Zealand Law Society, other educational providers and community groups, and providing governance training and independent chairmanship services to a range of not-for-profit entities.
Trained mediator, and experience as an independent mediator and arbitrator in commercial and not-for-profit disputes.
Independent chairman of contentious community, body corporate and company meetings.

Clients Include

A diverse range of clients, which, over the years, have included a number of local authorities, national and local companies, receivers and liquidators, as well as small businesses and individuals.
A wide range of national, regional and local societies, trusts, and individuals, advising in relation to not-for-profit organisation issues.

Membership of Professional Associations:

New Zealand Law Society.
Hawke’s Bay District Law Society.

Law Society

New Zealand Law Society Continuing Legal Education Committee member (1990-96), and for NZLS-CLE presenting day-long workshops on Communication and Negotiation Skills for Legal Executives and Senior Legal Office Staff (1991-92), a seminar on Not-for-Profit Organisations (2005), chairing a Resource Management Intensive Workshop (2007), presenting a session on Protection and Enforcement Mechanisms at a Rural Property Transactions Intensive Workshop (2007), webinar on “Developments in the Not-for-Profit Sector – Changes and Challenges” (2013), and webinar on “Incorporated Societies – Reform” (2014), webinar on “Meetings – Legal Essentials” (2015), and seminar on “Not-for-Profits – Changing needs” (2016), and “Meeting Procedure” webinar (2020 and 2021).
Hawke’s Bay District Law Society Continuing Legal Education seminar on Not-for-Profits (2014).
New Zealand Law Society Environmental Law Committee member (2001-2009, Convenor 2006-2009).
A New Zealand Law Society representative on the High Court Case Management Committee to introduce and oversee pilot case management projects in the High Courts in Auckland and Napier from initiation to dissolution (1992 – 2000).
The New Zealand Law Society representative on the National Caseflow Management Committee to establish and monitor caseflow standards in all Courts (1995 – 2003), and participated in “Achieving Caseflow Excellence” workshop for civil litigation (May 1995) and faculty member for three “Achieving Caseflow Excellence” workshop for judges, lawyers and administrators (August 1996).
Hawke’s Bay District Law Practitioners Disciplinary Committee member from 1995 and Chairman from 2007 to dissolution in 2009.
Convener for the New Zealand Law Society submissions in response to the Law Commission Issues Paper on Reforming the Incorporated Societies Act 1908 (2011).

Publications

Author, Toastmasters International educational workshop script on Parliamentary Procedure (Westminster Model) Success/Leadership Series, 1990.
Author, numerous LawTalk (New Zealand Law Society) articles on Court case management (1990’s), and Journal of Judicial Administration (Australia) article on case management (1997).
Author, Members’ Meetings (3rd edition), published by LexisNexis NZ Ltd, 2012 (Book).

Author, Law of Societies in New Zealand – Unincorporated, Incorporated and Charitable (3rd edition), published by LexisNexis NZ Ltd, 2013 (Book).
Each can be obtained from LexisNexis; by email or phone 0800800986.
Author of articles on societies and charities accessible.
Former Editor, Butterworths Forms and Precedents – titles on Clubs and Societies, Charities, and Sale of Liquor, published by LexisNexis NZ Ltd.

Community Activities

Since the early 1970’s, member of committees and boards of trustees of many community organisations (including a School Board of Trustees), often as chairman; including those organisations detailed below.
Inaugural chairman, Pleroma (charitable) Trust (1975 to 2016).
Councillor, Hawke’s Bay Regional Development Council (1978-84) and Havelock North BoroughCouncil (1980-86), and chairman Havelock North Borough Council Town Planning Committee (1983-86).
Councillor, Hastings and District Chamber of Commerce (1975-1980).
Actively involved in Toastmasters 1975-1998, recipient (three times) of the highest international award of Distinguished Toastmaster for educational and leadership achievement, New Zealand Toastmaster of the Year (1983), Toastmasters International New Zealand District Governor 1987-88, and presenter of numerous educational sessions on communication, negotiation and meeting skills for Toastmasters, business and community groups, national and international conventions.
Spirit of Adventure Trust – previously Watch Leader for 10-day Youth Development voyages, and facilitator/trainer on Leadership Development voyages.
Inaugural Chairman, Havelock North Community Centre Trust which opened a $1.5 million Community Centre in 1998 (1992-1999).
Trustee, Whakatu Afforestation Trust (1994 to 2014, chairman 1996 to 2014), wound up 2014.
Trustee, Community Foundation Hawke’s Bay (2005-2009).
Board member, Prostate Cancer Foundation of New Zealand (2009 to date, President 2010 to date).
Independent chairman and facilitator for meetings.
Presenting educational sessions on public speaking, negotiation skills, law of societies and charities, organisational governance, and meeting procedure.
Current active interests include woodturning (President, National Association of Woodworkers 2005-2009, and President, Hawke’s Bay Woodturners Guild 2000-2004 and 2013-2016), and choral singing (currently member of the Hastings Choral Society and the New Zealand Male Choir).