Entries by Mark

Why Incorporate?

The issue In the first of this series of articles (originally published in 2010) I outlined the disadvantages of unincorporated societies, noting that a 2007 Statistics New Zealand report stated that there were then some 97,000 Not-For-Profit entities in New Zealand.  Given that statistic I suggested that less than half were incorporated, which I believed […]

The New Incorporated Societies Act – Guide for Societies

NOTE: (i) These notes, prepared by Mark von Dadelszen, provide a brief overview of the more significant elements of the Incorporated Societies Act 2022 which has now replaced the 1908 Act. (ii) New and existing societies should now be adopting new constitutions that comply with the new Act. (iii) There are estimated to be 24-26,000 […]

Parent Incorporated Societies and their Branches

Structuring the relationship of parent and branch societies The Incorporated Societies Amendment Act 1920 (the only substantive change in the 114 year life of the 1908 statute) established a very rudimentary statutory framework for the incorporation and operation of a “parent” society’s branches, and that Amendment Act provided for the incorporation of a branch of […]

Status of the Constitution of an Incorporated Society Constitution

Background   Other articles on this website discuss society constitutions, and this article examines the status of an incorporated society’s constitution from a number of different perspectives.    An incorporated society’s constitution and its members    The rules in a society constitution are binding on the society’s officers and committee members, and also on the […]

Are Rules Binding?

Background   Other articles on this website discuss society constitutions – ”Are Rules Binding,” “ redrafting the rules of a community organisation and I was startled to be asked some questions by its chairman that made me realise how uninformed the general public are about society Rules.  The questioner was well-educated and experienced in business […]

Interpreting the Rules of a Society

Another article “Protecting the Destiny of a Society” discussed the judgment in Tamaki v The Māori Women’s Welfare League Incorporated [2011] NZAR 605 (HC), Kos J.  That judgment noted that:   [6] The League is an incorporated society under the Incorporated Societies Act 1908 … governed by a constitution. The constitution is a broadly cast […]

New Incorporated Societies Act – Short Guide

The Incorporated Societies Act 2022 is the result of a reform process that started in 2011, and it reflects the principles of modern good governance, and many of its provisions echo those relating to companies. The 1908 Act is still in force, and section 256 of the 2022 Act provides for the making of Orders-in-Council […]

Be Prepared – Incorporated Societies Law Reform

The new Incorporated Societies Act 2022 According to comic Tom Lehrer, “Be Prepared” is the Boy Scouts’ marching song. That clarion call should have been resounding in the ears of all societies and New Zealand lawyers since 2015 when the Exposure Draft Incorporated Societies Bill (to replace the Incorporated Societies Act 1908) was published for […]

Residents’ Societies and the Incorporated Societies Act 2022

Transition to the new Act The 1908 Act is still in force, and section 256 of the 2022 Act provides for the making of Orders-in-Council to bring the balance of the 2022 Act into force and to facilitate the orderly implementation of 2022 Act. In simple terms, there is no immediate change affecting existing and […]

Incorporated Societies – Transitioning to the new Regime under the Incorporated Societies Act 2022

1. Introduction An article, “The New Incorporated Societies Act – Guide for Societies”, at https://nfplaw.co.nz/the-new-incorporated-societies-act-guide-for-societies/ sets out information about the reforms effected by the Incorporated Societies Act 2022 Act. This (rather long) article sets out in detail what I believe existing incorporated societies now need to do to re-register a society under the new Act […]