NfP Law Societies
Governance and management There are clear differences between governance and management, and if that distinction is understood by societies and their members potential disagreements can be avoided or handled better. In simple terms, “governance” refers to the making of policy decisions that “govern” or inform what “managers” do, and “management” refers to the implementation of […]
Background The Law Commission’s 2013 Report, A New Act for Incorporated Societies, noted at paragraph 7.58 that: During our consultation we were constantly told of the need for education and guidance for societies in drafting their constitutions and in running societies in general. An internet-based constitution builder tool would provide that guidance and would greatly […]
What is the issue? A question reasonably frequently asked of me is whether a general meeting of a society’s members can over-rule decisions of a society’s executive committee or direct the committee to do something. Such questions are seldom capable of a definite answer, and before trying to respond to them I always need to […]
The issues It is common practice to co-opt people to join committees or sub-committees of societies or trusts, and a well-drawn constitution should make clear the powers and responsibilities of such co-opted people. Co-option is a term used to indicate that someone from outside a group may be included in the group, either by the […]
Resignation to avoid discipline? Complaints were made to the Institution of Professional Engineers of New Zealand Inc (“IPENZ”) against Mr Harding, an engineer involved in the design and construction of the former CTV building in Christchurch which collapsed during the 22 February 2011 earthquake, and also against Dr Reay the principal of the engineering firm […]
The public notices column of a daily newspaper is not the usual place from which to draw inspiration, but a newspaper some years ago provided food for thought about calling general meetings of members of societies. Examples of general meeting notices There were seven such notices in that newspaper – can you spot any problems […]
These notes, prepared by Mark von Dadelszen, provide an overview of the more significant elements of the proposals to replace the Incorporated Societies Act 1908. New and existing societies should be proactive in anticipating the reforms when adopting or revising constitutions. An Exposure Draft Bill was produced in 2015, and a Bill was introduced in […]
Address: 25 Muritai Crescent, Havelock North 4130
Phone: 027 4523 530
Email: mark@NfPLaw.co.nz