Entries by Mark

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 […]

Covid-19 Policies for Not-for-Profit Organisations

Introduction Most not-for-profit organisations recognise that they have a moral duty to ensure the health and safety of their members and others who attend those activities.  They have a statutory duty do so under the Health and Safety at Work Act 2015 if they employ one of more people. The Covid-19 pandemic has created a […]

Societies and Trusts losing their way

Is there a problem?  Members of a society or trustees of a charitable trust may be concerned that the entity has “lost its way.”  That phrase can apply to a not-for-profit entity in different circumstances and be evidenced in a number of ways: Falling attendances at entity events and meetings, Vocal grumbling amongst the membership […]

Dealing with Dissidents

Being all things to all people? “There’s nowt so queer as folk” is a phrase (variously attributed to different parts of the British Isles) that reminds us that every individual is different and, even, that some may appear to be irrational.  Most community organisations welcome into their fold almost anyone who is interested in their […]

Personal Liability of those in Governance

My article, “Winding up a society or charitable trust”, closes with a warning of the officers’ potential liability on liquidation: Society committee members and charitable trustees may be personally liable following liquidation if the entity they have governed has suffered losses caused either by the failure to keep adequate accounting records or by misapplication or […]

Poor Governance – Lessons from a Polytechnic

According to a Dominion Post report (17 August 2010) a police investigation was instigated after more than $750,000 was drained from Whitireia Polytechnic Students’ Association funds over a 12 month period.  An audit report is said to show that huge cash payments were made to former Association executive members, that about $17,000 was spent through […]

Privacy of Society and Charity Records

The problem – ignorance about the Privacy Act 1993 For many lawyers and other professionals the implications of the Privacy Act 1993 are scarcely “top of mind,” or particularly well-known and well-understood.  Briefly, the Privacy Act controls how what are called “agencies” in the Act collect, use, disclose, store and give access to “personal information.”  […]

We Made a Mistake

Errors in governance and administration are inevitable, and in voluntary organisations those governing and administering an entity often lack the skills to know what, who, how, and when to do things.  Another article, Good Governance of a Society LINK set out some of the potential problems, while other articles in this series have discussed the content […]

Protecting the Privacy of Individuals

Privacy Act 2020 The Privacy Act 2020 applies to governmental, commercial and community organisations (societies and charities), as, under section 4(1), the Act applies to a “New Zealand agency” which is defined in section 8(a)(iii) as including “a New Zealand private sector agency,” and s. 7(1) of the Act makes it clear that “In this […]