This book is only available in PDF format

Authors: Steven Moe, Sophie Tremewan
Published: 25 March 2024
Pages: 25

Introduction

New Zealand has about 24,000 incorporated societies covering a broad range of activities and interests, from sporting clubs and hobbyists to community support organisations.

The legislation that defines the rights and responsibilities of those bodies and those who run them has recently undergone a long-overdue revision, resulting in the Incorporated Societies Act 2022 (the new Act) which received Royal Assent in April 2022.

Parry Field Lawyers have created this information booklet because every one of those 24,000 Incorporated Societies will need to take some action to meet the new provisions.

At the least, all will need to re-register, and almost certainly need to adopt a new constitution to be eligible for re-registration.

The changes may possibly be minor for some but will be more complex for others. For some, the new rules may be an opportunity to consider whether they continue as an Incorporated Society or whether a Charitable Trust structure, for example, would be more suitable.

Here you will find the information you need to empower you to proceed with confidence. Parry Field Lawyers have a long history of supporting community organisations. We have also conducted a number of online discussions on the new Act.

Ngā mihi nui.

Content outline

• Mainzeal – the facts
• The lower courts: a tabulated summary
• Section 301(1): analysis
• Section 135: liability analysis
• Section 136: liability analysis
• Implications for the future
• Quantum: analysis
• Familiar themes – a lack of boardroom professional scepticism
• Lack of scepticism and corporate failure: a New Zealand pattern?
• The American behavioural science literature
• Guidance from the Institute of Directors