April, 2024 - Parry Field Lawyers

What is your Charity called, where are you based and what sort of things are you involved in?

CCS Disability Action is the largest disability support and advocacy organisation in New Zealand, supporting people with impairments of any type. Our vision is that every disabled person/whānau hauā is interwoven into the lives of their whānau and community.

We were founded in 1935, in response to the polio epidemics impacting Kiwi children. Today, we provide direct support to around 5,000 children, young people, and adults. We tailor our support to individuals – supporting disabled people to increase the control and choice they have in their lives. We work in communities across the motu, even the remote ones, through our 17 branches from Northland to Invercargill.

We also run services, such as our free Library and Information Service, and the Mobility Parking Permit scheme which helps over 170,000 people to access their communities more easily.

As well as responding to the needs of today, we advocate for lasting change in society. Our subsidiaries, Lifemark and BarrierFree,

advocate for and provide universal design consultancy to improve the accessibility of New Zealand’s housing and built environments. We also lobby and advocate for local and national policies that ensure disabled people’s rights are upheld.

What gives you hope for the future?

Perceptions towards disability and disabled people have shifted considerably since CCS Disability Action was founded almost 90 years ago. We have come from a place where disabled people were routinely hidden away and segregated. Today, society has become more accepting of difference and diversity over time – this gives us hope for the future.

Disabled people are increasingly seen as leaders in their own lives and valued for the contribution they can bring to our families, communities, and society.

Models of thinking, such as the social model of disability, show us that disability is caused by the barriers in our physical and social environments, not by impairments. Removing these barriers creates equity and gives disabled people more independence, choice, and control in their lives.

This means that we do not have to wait for others to make New Zealand a more inclusive and equitable place. We can all play a role in creating a New Zealand where every disabled person/whānau hauā is interwoven into the lives of their whānau and community.

This opportunity to make an impact is empowering and exciting.

We are also motivated by making a difference in people’s lives. If you’re interested in learning more about our impact, you can read some of the stories of the people we support here: www.ccsDisabilityAction.org.nz/stories

Biggest challenges and any advice for others setting up or running a charity?

Creating sustainable revenue streams as a charity is an ongoing challenge. Particularly ensuring you can weather major policy, economic or environmental shifts without impacting the quality of support you offer.

Being able to demonstrate your need and impact to a wide range of stakeholders is key.

CCS Disability Action is fortunate to have established strong working relationships with a wide range of funders including the giving public, philanthropic, government and some commercial sources.

You can learn more about our strategic priorities here: www.ccsDisabilityAction.org.nz/strategic-priorities

Got any asks or ways you are looking for collaboration with others?

CCS Disability Action works in partnership with many companies and organisations in our mahi as the largest disability support and advocacy organisation in Aotearoa, New Zealand.

We would love to hear from you if you’re interested in learning more about any of the following professional services:

Disability Awareness Training
Accessibility advice in the commercial or built environment.
Accessible housing development

Please contract training.national@ccsDisabilityAction.org.nz

You can find out more about partnering with us to make an impact at: www.ccsDisabilityAction.org.nz/corporate-support

How was it working with us when setting up or getting legal advice?

We have recently been privileged to work with Steven Moe at Parry Field Lawyers as we work through the changes required by the new Incorporated Societies Act.

This provided CCS Disability Action with an opportunity to assess whether our governance arrangements and legal structure are still set up in the best way possible to meet our needs, and whether there are improvements that can be made.

In addition to working to assess our current legal structure and provide us with a range of options to consider, Steven worked to understand our vision and values. This allowed us to form and authentic partnership with Steven, focused on our potential to serve disabled people and families now and into the future. As well as feeling like Steven was committed to using his knowledge to make a positive difference for our organisation, we appreciated his ability to bring legal concepts to life through clear and effective communication. Thank you, Steven and Parry Field Lawyers, for your support.

How can people find out more about what you do? Website or social platforms?

CCS Disability Action website

Facebook

Instagram

What is your Charity called, where are you based and what sort of things are you involved in?

We are Auckland Church Network, an organic movement of churches and not-for-profits, working together for the spiritual & social flourishing of our city.

We’re involved in sparking & encouraging prayer movements in and for the city; we start, support & strengthen suburban-based pastors networks across the city; we are working with a wide-ranging cohort of denominations & churches to catalyse a church planting & multiplication movement; we lead & support initiatives that declare the name of Jesus over our city; and we inspire churches – in partnership with not-for-profits – to practically serve the poor & vulnerable in our city.

What gives you hope for the future?

There’s no doubt the COVID season was very challenging for the Church & her leaders. But emerging from that, there is a much greater desire for the Church to collaborate together to build God’s Kingdom. Leaders don’t want to compete; they want to partner & encourage one another towards flourishing. That’s a healthy change

Biggest challenges and any advice for others setting up or running a charity?

Get the right people around your governance table. And don’t be afraid to ask for help when setting up – there are willing experts to guide you through.

Got any asks or ways you are looking for collaboration with others?

Auckland Church Network’s whole mission is about collaboration! It’s not about us; it’s about working in partnership with a belief that we truly are better together. For that to be so, three ingredients are essential amongst leaders: a generous & uncommon unity; a posture of humility; and a willingness to collaborate

How was it working with us when setting up or getting legal advice?

A breeze. The Parry Field team were super quick to respond, and walked us through each stage of the process.

How can people find out more about what you do? Website or social platforms?

Our website is https://w ww.aucklandchurchnetwork.nz/

And our social media platforms are here: Facebook; Instagram; YouTube

Get in touch via the website – we’d love to catch up for coffee and talk about partnering together.

What is your Charity called, where are you based and what sort of things are you involved in?

Our Charity is called “Junior Community Sports Foundation”.

We carry out organised one day sports festivals connecting children, youth and whānau from across communities within NZ. With a focus of uniting people, no matter their socio economic status, geographical location or ethnic background, they will have the opportunity to participate in sport events that are not result driven.

What gives you hope for the future?

For all young children in NZ to participate in sporting festivals that build on the foundations of friendship, connections, enjoyment, engaging in a fun carnival type atmosphere.

Biggest challenges and any advice for others setting up or running a charity?

The setting up of the charity takes a lot of unpacking and new learning. Understanding the process and having the right people to guide and support is key. Ensuring the trustees that you have invited to be part of the journey is really important to ensure you are having people that have the same vision and outcome, but also who bring another perspective.

Got any asks or ways you are looking for collaboration with others?

We are open to anyone that can support us which will ultimately support our objective and goals for our communities.

How was it working with us when setting up or getting legal advice?

We found Steven and Anne-Marie a pivotal part of this process. Both are always happy to unpack and clarify our thinking. Communication and collaboration was at the for front.

How can people find out more about what you do? Website or social platforms?

We are currently in the process of applying for funding to set up a website however we can be contacted on juniorsportsfoundation@gmail.com

What is your Charity called, where are you based and what sort of things are you involved in?

Our Charity is Hauora Aotearoa. Our kaupapa tackles the well-being crisis among our rangatahi and the burnout crisis among our school teachers. We currently work with 20 secondary schools across Aotearoa, delivering our Te Reo Hauora (The language of wellbeing) programme with rangatahi (age 13-16) in te Whanganui a-Tara (Wellington), Wairarapa, Tāmaki Makaurau (Auckland), and Kirikiriroa (Hamilton).

What gives you hope for the future?

Every day in classrooms, we see the change that’s possible when our kaiako (teachers) and rangatahi (young people) learn simple hauora (wellbeing) practices.

Kaiako feedback: “Jase has a great way of relating to kaiako and seems to know the right way to express the real need for us to all take care of ourselves, so we can be better teachers for our rangatahi – ka rawe”.
Rangatahi feedback: “Me and my boys come to this session because we get some cool ideas for rugby. We do the breathing and talk about stuff now when we didn’t used to. These hauora tools are helping us outside of these sessions”

Imagine if Aotearoa was known for wellness rather than illness. We know it will take some time, but Hauora Aotearoa believes we can be a massive part of a massive generational change!

Biggest challenges and any advice for others setting up or running a charity?

The admin and paperwork were the most challenging part of setting up a charity. Our Directors all live in different parts of New Zealand, so setting up bank accounts and signing paperwork was a barrier, especially as we were also on a timeline for launching the kaupapa. We were lucky to have a checklist from Steven and his team, so we took all the necessary steps chronologically.

Got any asks or ways you are looking for collaboration with others?

If you know a school who thinks Te Reo Hauora would be helpful for their rangatahi and kaiako, please get in touch with our wonderful COO Dayna (mdayna@hauoraaotearoa.com).

If you want to support Hauora Aotearoa to reach more rangatahi and kaiako, please get in touch with our founder and co-CEO Jase Te Patu (jase@hauoraaotearoa.com).

How was it working with us when setting up or getting legal advice?

Steven and his team were quick yet thorough, respectful, and honest when it came to setting up a charity that is kaupapa Māori. They made a challenging process easy and manageable to navigate.

How can people find out more about what you do? Website or social platforms?

Our website is Hauora Aotearoa, and we are on Instagram and Facebook too.

What is your Charity called, where are you based and what sort of things are you involved in?

We have two organisations:

Arotahi which works in NZ with Māori working with Māori through Māori Kaupapa, NZ based missional groups and flat based discipleship with young adults. Arotahi also supports pastor training, theological centres and church planting and development in Asia.

Develop Together is our aid and development arm working in education, health, community development, businesses in Asia.

What gives you hope for the future?

Hearing and seeing the heart, mahi and concern of young adults.
The work of indigenous peoples in the places we work as they take over leadership and ownership of projects and entities.
The trajectory of the Christian faith and the cosmos toward God’s great unitive point on the horizon.

Biggest challenges and any advice for others setting up or running a charity?

It is all about great people who contribute in the right places. Leaders who can pioneer, push through difficulties and attract the support of others. People who can manage and do the work of governance so leaders can lead. It is all about finding the right people for the right roles.

How was it working with us when setting up or getting legal advice?

Parry Field has worked with us in our general legal work, specific financial advice, employment and contractor support. Parry Field lead our successful application for overseas donor status (IRD schedule 32) and advised us on superannuation anomalies and policy development.

How can people find out more about what you do? Website or social platforms?

www.Arotahi.org.nz

What is your Charity called, where are you based and what sort of things are you involved in?

Upstream

What gives you hope for the future?

There are plenty of people that are not satisfied with the status quo and are doing something to make a difference. It’s encouraging to know that there are people out there that are fighting the good fight, so to speak. “When we WORK together, we can WIN together”.

Biggest challenges and any advice for others setting up or running a charity?

Don’t assume that when you set up your charity, that funders with fund you. It’s very difficult in the first 12 months to get grant funding & donations (as donee status can be delayed for sometime). Expect that first year is a grind, and you will approach it with determination.

Got any asks or ways you are looking for collaboration with others?

We are looking for medium to large companies that are wanting to make an impact in their supply chains & gain impact reporting as a result …. if you know any of those, let them know about Upstream.

How was it working with us when setting up or getting legal advice?

Steven’s knowledge of the charitable sector, and social enterprise entities was highly valuable. We had a real sense of peace that Parry Field knows what they are doing, and no questions we had, we considered silly. It’s very important to ensure your trust deed and terms are written well and accurately. Parry Field gave us that confidence and did not disappoint.

How can people find out more about what you do? Website or social platforms?

upstream.co.nz

What is your Charity called, where are you based and what sort of things are you involved in?

The Hyphen Project is a Charitable Trust that is establishing an innovative new learning institute for neurodivergent learners. It will run a talent incubator for gifted teens aged 16-19 years old who are autistic, have ADHD or dyslexia, and haven’t got on well with the mainstream education system. Our 6 month, full-time, face to face talent incubator will help them grow their strengths and transition into further study or employment. We’re starting with our pilot in Tāmaki Makaurau Auckland and hope to spread across New Zealand over time.

What gives you hope for the future?

Teenagers! They are compassionate, knowledgeable, accepting, proud and willing to be vulnerable.

Biggest challenges and any advice for others setting up or running a charity?

Biggest challenge is pitching for funding while knowing there are many other great charities out there that are also deserving.

My advice is to love your team.

Got any asks or ways you are looking for collaboration with others?

Please give us a Hyphen High Five ($5) donation on our PledgeMe campaign to show that you are a neurodivergent ally!

How was it working with us when setting up or getting legal advice?

Parry Field were outstanding to work with. They were like a supportive friend. They were exceptionally responsive, listened to what we needed, ‘got us’ quickly, and provided help above and beyond helping us write our trust deed.

How can people find out more about what you do? Website or social platforms?

Check us out on thehyphenproject.org and search for us on LinkedIn and Facebook

What is your Charity called, where are you based and what sort of things are you involved in?

Wētā Conservation Charitable Trust.

We are based in New Zealand and operate nationwide.

Involved in: education, conservation.

What gives you hope for the future?

To preserve New Zealand’s biodiversity so that wētā, grasshoppers and allied insects (Orthoptera) and their natural habitat are protected to benefit present and future New Zealanders.

Biggest challenges and any advice for others setting up or running a charity?

Writing the trust deed, setting up a bank account and applying for funds are the biggest challenges.

It’s a lot of work to start with, but very rewarding when you see it coming all together!

How was it working with us when setting up or getting legal advice?

Steven and the team at Parry Field were fantastic to work with: friendly, competent, quick and really supportive, with plenty of really good advice and additional information.

How can people find out more about what you do? Website or social platforms?

Weta Conservation Website

Facebook

Instagram

Twitter

The Incorporated Societies Act 2022 (“Act”) has created new requirements that all incorporated societies must meet in order to reregister under the Act. The most relevant requirements that may prevent your Residents Association from reregistering under the Act are discussed below.

Background

A Residents Association is a type of incorporated society that exists for the benefit of the community it serves. It might maintain community facilities or common areas, or simply serve as a forum for members to come together and organise community activities. Some Residents Associations will own common land as well.

Most Residents Associations will be registered under the Incorporated Societies Act 1908, which means that they will need to prepare for and reregister under the Incorporated Societies Act 2022. We have an Information Hub dedicated to the changes in the new Act and what organisations need to do in order to reregister – you can find it here.

There are some requirements under the new Act that may impact your Residents Association and your ability to reregister – here’s what you need to know.

Nominating a not-for-profit entity on wind up

Section 26 of the new Act sets out a list off requirements for what incorporated societies must include in their constitution. We have written a series of six articles on these requirements, which you can find on our Information Hub.

The key requirement for Residents Associations to be aware of is set out in section 26(1)(l). This explains that incorporated societies must nominate a not-for-profit entity (or a class or description of not-for-profit entities) to which any surplus assets are distributed to on liquidation or removal from the register. The definition of a not-for-profit entity is set out in section 5.

Generally, the members of Residents Associations are homeowners in the subdivision or community, so Residents Associations like this who hold land on behalf of members wouldn’t be able to distribute property to members under this provision on wind up.

This will cause issues for many Residents Associations who own common land, as the “winding up” provision will often say that any surplus assets should go to the members – that way the residents will each get a share in the land when the society winds up. If your Residents Association is in this situation just let us know – we are happy to support you in considering your options moving forward.

Purposes – can’t be for the financial gain of members

Under section 26(1)(b) of the new Act a society’s constitution must include its purpose. This makes a lot of sense and may not seem like an issue on the face of it, but the new Act also sets out that the Registrar may refuse to incorporate a society if its purposes are unlawful. An unlawful purpose includes where a society is carried on for the financial gain of any of its members. Section 23 of the new Act then explains that a society must be treated as having the purpose of being carried on for the financial gain of its members where:

it distributes, or may distribute, any gain, profit, surplus, dividend, or other similar financial benefit to any of its members (whether in money or in kind); or
it has, or may have, capital that is divided into shares or stock held by its members; or
it holds, or may hold, property in which its members have a disposable interest (whether directly, or in the form of shares or stock in the capital of the society or otherwise).

The most relevant clause to Residents Associations is the third provision. If the Residents Association’s assets are set to go to members on wind up, then those members would have a “disposable interest” in property. A clause such as this or any other clause in the constitution that suggests members should get the Residents Association’s assets would then be in breach of the new Act.

Section 24 of the new Act provides a list of examples of when a society does not have a financial gain purpose. We think that although some of these could be stretched to apply to Residents Associations, section 23(1)(c) is so clear that it would not make sense to interpret the new Act in that way.

What now?

As some Residents Associations won’t be able to reregister under the new Act with their current land ownership and constitutional structure, it’s time for each of these Residents Associations to consider their options moving forward. This is something we are well placed to advise on, as we regularly come alongside both incorporated societies and property holding organisations to consider their structure options.

If you believe your Residents Association may be unable to reregister under the Act due to the reasons above, please feel free to contact Judith Bullin or Sophie Tremewan at Parry Field Lawyers. Our team are more than happy to assist you to make the changes needed to reregister under the Act.

We help with unincorporated and incorporated societies and answer questions all the time. If you would like to discuss further, please contact one of our team on judithbullin@parryfield.com or sophietremewan@parryfield.com at Parry Field Lawyers.

The Minister of Immigration has announced changes to the Accredited Employer Work Visa. We have summarised the changes below, but will be holding a seminar on the changes at 12.30pm, Tuesday 23 April 2024 at 1 Rimu Street – should you be unable to attend the seminar in person, you can join via Microsoft Teams. Please email migrant@parryfield.com to RSVP. A Q&A session will be part of our seminar.

Accredited Employer Work Visa

For ANZSCO level 4 and 5 jobs not on the Green List and not being paid 1.5 times the AEWV wage rate (currently the February median wage rate) –

The maximum visa length for an AEWV is 2 (previously 5) years; and
The total time a migrant worker (in an ANZSCO level 4 and 5 jobs) can stay on one or more AEWVs is 3 (previously 5) years.

For ANZSCO level 4 and 5 jobs, the applicant must meet the minimum standard of English (see below).

For jobs not on the Green List and not being paid 2 times the AEWV wage rate, the applicant must have –

At least 3 years’ relevant work experience; or
A relevant qualification at level 4 or above on the New Zealand Qualifications and Credentials Framework (NZQCF), and an International Qualification Assessment (IQA) if it is below Bachelor’s degree level.

English Language

To meet the minimum standard of English, the applicant must provide acceptable English language test results no more than two years old at the time the application is lodged.

Other evidence that an applicant meets the minimum standard of English is –

Citizenship of Canada, the Republic of Ireland, the United Kingdom or the United States of America, provided the applicant has spent at least five years in work or education in one or more of those countries or Australia or New Zealand; or
A qualification comparable to a New Zealand level 7 bachelor’s degree and gained in Australia, Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America as a result of study undertaken for at least two academic years in one or more of those countries; or
A qualification comparable to a New Zealand qualification at level 8 or above and gained in Australia, Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America as a result of study undertaken for at least one academic year in one or more of those countries.

Job Check

For ANZSCO level 4 and 5 jobs, you must –

Advertise the role for 21 (previously 14) calendar days on a general national job listing website;
List the role with Work and Income for 21 calendar days; and
Declare in the Job Check why any New Zealanders who applied were not hired.

Employer Accreditation

As a reminder –

Before a migrant can begin working for you, you must check that their visa gives them the right to work for you in New Zealand. You can do so by having the migrant show you a document as evidence of their right to work for you in New Zealand (for example, their valid New Zealand work visa, New Zealand residence class visa etc.) or by using VisaView. You must document the expiry date of your migrant workers’ visas and remind them about their visa expiry dates.
You must provide your migrant workers with information about the local community and services and employee work-related matters within one month of employment.
You must provide your migrant workers with sufficient time during paid work hours to complete Employment Learning Modules within one month of employment, and everyone who makes recruitment decisions must complete Employment Learning Modules once every accreditation period.
You must employ your migrant workers for at least 30 hours per week.

There are new Employer Accreditation obligations –

You must advise Immigration New Zealand within 10 days if one of your migrant workers stops working for you. You do not need to let Immigration New Zealand know about migrant workers that leave within a month of their visa
You must take reasonable steps to ensure that the migrant worker you are hiring –
1. meets the minimum skills threshold; and
2. is suitably qualified by work experience or qualifications to do the job offered.

Employers being actively investigated for any breach of Employer Accreditation may have their accreditation suspended for up to 3 months or until there is an outcome of the investigation. Previously, Employer Accreditation could only be suspended for breaches of some Employer Accreditation requirements.

Employer Accreditation can be revoked where –

An employer has not provided information and/or documentation which has been requested by Immigration New Zealand within 10 working days without reasonable justification; or
An employer refused Immigration New Zealand entry to conduct a site visit without reasonable justification; or
Immigration New Zealand is not satisfied that an employer has continued to meet the Employer Accreditation requirements.

Please note that this article not a substitute for legal advice and you should contact your lawyer about your specific situation. Please contact us by email immigration@parryfield.com or by phone 03 348 8480, if you have any questions.

What is your Charity called, where are you based and what sort of things are you involved in?

What gives you hope for the future?

Biggest challenges and any advice for others setting up or running a charity?

Got any asks or ways you are looking for collaboration with others?

How was it working with us when setting up or getting legal advice?

How can people find out more about what you do? Website or social platforms?

What is your Charity called, where are you based and what sort of things are you involved in?

What gives you hope for the future?

Biggest challenges and any advice for others setting up or running a charity?

Got any asks or ways you are looking for collaboration with others?

How was it working with us when setting up or getting legal advice?

How can people find out more about what you do? Website or social platforms?

What is your Charity called, where are you based and what sort of things are you involved in?

What gives you hope for the future?

Biggest challenges and any advice for others setting up or running a charity?

Got any asks or ways you are looking for collaboration with others?

How was it working with us when setting up or getting legal advice?

How can people find out more about what you do? Website or social platforms?

What is your Charity called, where are you based and what sort of things are you involved in?

What gives you hope for the future?

Biggest challenges and any advice for others setting up or running a charity?

Got any asks or ways you are looking for collaboration with others?

How was it working with us when setting up or getting legal advice?

How can people find out more about what you do? Website or social platforms?

What is your Charity called, where are you based and what sort of things are you involved in?

What gives you hope for the future?

Biggest challenges and any advice for others setting up or running a charity?

How was it working with us when setting up or getting legal advice?

How can people find out more about what you do? Website or social platforms?

What is your Charity called, where are you based and what sort of things are you involved in?

What gives you hope for the future?

Biggest challenges and any advice for others setting up or running a charity?

Got any asks or ways you are looking for collaboration with others?

How was it working with us when setting up or getting legal advice?

How can people find out more about what you do? Website or social platforms?

What is your Charity called, where are you based and what sort of things are you involved in?

What gives you hope for the future?

Biggest challenges and any advice for others setting up or running a charity?

Got any asks or ways you are looking for collaboration with others?

How was it working with us when setting up or getting legal advice?

How can people find out more about what you do? Website or social platforms?

What is your Charity called, where are you based and what sort of things are you involved in?

What gives you hope for the future?

Biggest challenges and any advice for others setting up or running a charity?

How was it working with us when setting up or getting legal advice?

How can people find out more about what you do? Website or social platforms?

Accredited Employer Work Visa

English Language

Job Check

Employer Accreditation

Christchurch CBD

Christchurch

Rolleston

Hokitika