In short. Approach to new regulations require diligence and planning.
Approach to new regulations require diligence and planning. Under the Incorporated Societies Act 2022, Incorporated Societies are required to consider a number of areas when re-registering under the new Incorporated Societies Act 2022, this article will address five (5) of them:
Alternative method of filing documents may be allowed by the registrar where it is not practicable for the society to use the Incorporated Societies website (although this is preferred).
Infringement fees listed in the draft regulations have been kept the same (table below). There is no cap for the amount of fees a society can receive if multiple offences occur at the same time. The infringement process has also been released.
| Nature of Infringement Offence | Fee |
| Failure to notify the Registrar of amendments to the constitution | $100 |
| Failure to notify the Registrar of elections or appointments and other changes relating to officers | $100 |
| Failure to maintain a register of members | $100 |
| Failure to call annual general meeting | $500 |
| Failure to properly hold, and keep minutes of, annual general meetings | $500 |
| Failure to send copy of passed resolution in lieu of meeting to certain members | $200 |
| Failure to register financial statements | $500 |
| Failure to register an annual return | $100 |
| Failure to have a registered office | $100 |
| Failure to give the Registrar notice of change of contact person | $200 |
Transitional period until 5 October 2028 allows for Incorporated Societies to continue to restrict AGM attendance, if their constitution allowed it prior to 5 October 2023 and have more than fifty percent (50%) independent officers on their committee, if their constitution allows.
Members’ register must include past members, but only those who ceased to be a member within the last seven (7) years.
Application for re-registration will include the prescribed information set out in the Regulations.
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.
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.
Working for Workers supports people and organisations across four areas of practice:
Fairness in Law · ACC Law · Employment Law · Incorporated Societies Evaluation
Wherever your society is at, get in touch and we will help you work out where you stand.