Natural and Administrative Justice

Dispute Resolution Procedures | Incorporated Societies | Working for Workers

In short. Unlike the Incorporated Societies Act 1908, the Incorporated Societies Act 2022 requires the society’s constitution to include dispute resolution procedures, including provision for how a complaint may be made, in accordance with sections 38 to 44.

What dispute resolution procedures do we need to include in our constitution?

Unlike the Incorporated Societies Act 1908, the Incorporated Societies Act 2022 requires the society’s constitution to include dispute resolution procedures, including provision for how a complaint may be made, in accordance with sections 38 to 44.

A society can develop its own dispute resolution procedures, so long as those procedures are consistent with natural justice and administrative law. This is provided for by section 39 of the Incorporated Societies Act 2022.
Clauses 2 to 8 of schedule 2 sets out disputes resolution procedures a society may decide to include. Should a society include the schedule 2 procedures, its dispute resolution procedures will be presumed to be consistent with natural justice according to section 41 of the Incorporated Societies Act 2022.
If a society’s constitution does not contain dispute resolution procedures, under clause 6 of schedule 1 the constitution will be treated as including those procedures set out in the Act.

Legislation cited is linked to the current consolidated text on the New Zealand Parliamentary Counsel Office website at legislation.govt.nz. Statutory references are to the Incorporated Societies Act 2022 and the Incorporated Societies Regulations 2023 as in force at the date of this article. This article is general information about the law and is not legal advice; for advice on a particular society, contact Working for Workers.

Help with your incorporated society

Whether you are re-drafting a constitution, sorting out governance or membership, running a meeting, resolving a dispute, managing a conflict of interest, winding up, or restoring a removed society, Working for Workers can help you get it right under the Incorporated Societies Act 2022.

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