NfP Law Societies
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 […]
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 […]
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 […]
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 […]
In my article, “Responsibilities of those in Governance,LINK” I mention the need for those governing a community organisation to be aware of what is in the organisation’s “constitutional documentation, including any policy, strategic and regulatory documents.” Many trust deeds and society rules are cluttered with material that need not be there, but should be in […]
Some of what should be in a society’s rules is required by law, but those requirements are (under the Incorporated Societies Act 1908 and Charitable Trusts Act 1957) very basic, and inadequate to provide the framework for good governance and good relationships between a society and its members and between the members themselves. The new […]
Issues The first interview with people wanting to form a society is usually interesting, as there are issues to be discussed they have never thought of. Generally, I try to avoid getting into details immediately, as I think it is important to understand what may be required by exploring: What the organisation is already doing […]
What is the issue? In 2011, a reader of my articles raised an issue for consideration in this series of articles, saying: Over the years I have had cause to read many constitutional documents, perhaps more carefully than some of the officers or members of the societies concerned. Frequently there is a clause relating to […]
A Society Problem Ever since I started writing and publishing articles about not-for-profit entities in 2010 those articles have generated various enquiries and responses, but few are more difficult to answer than the type of enquiry set out below (for obvious reasons, the details have been changed): Hi Mark. I have just read one of […]
I have written elsewhere about the need for members of a society to exercise vigilance if they are to protect or control the destiny of their society (see for instance, “Trouble at the Courts – anyone for tennis?”LINK). The ease by which the balance of democratic power can be tipped is illustrated by the facts […]
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Email: mark@NfPLaw.co.nz