The new Incorporated Societies Act 2022 (new Act) was passed into law on 5 April 2022 and significantly changes the way incorporated societies are regulated in New Zealand.
The new Act replaces the Incorporated Societies Act 1908 (1908 Act), modernising its legal, governance, and enforcement settings.
It is important for existing incorporated societies such as ours to note these changes and when they come into effect.
All existing incorporated societies will be required to re-register from October 2023, and at the time of re-registration (or registration for newly incorporated societies), will be expected to meet the minimum requirements under the new Act, including having a relevant constitution that is fit-for-purpose.
The current ACCW constitution was drafted over a decade ago. While it has served the Council well over the years, it requires urgent review ahead of the legislative changes to make it consistent with the governing documents of similar bodies in Aotearoa, New Zealand.
Incorporated Societies re-registering under the new Act will need to review their constitutions to assess whether they comply with the minimum requirements and standards set out by the new legislation. Among these requirements are the need for a “Purpose” section, consent provisions, a conflict-of-interest declaration, and a complaint and dispute resolution process.
The outgoing ACC administration has therefore reviewed the current constitution and proposed several changes for the incoming administration to consider.
The two documents (current constitution and revised version) are hereby attached for the benefit of Members to make input and suggestions, which the incoming administration is expected to take on board in good faith and implement after the AGM.