Residents Associations and Re-Registration (or not) Under the New Incorporated Societies Act 2022

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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…

Unincorporated societies: What rules apply?

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Most people have heard of incorporated societies, but what about unincorporated societies? In reality, there are thousands of unincorporated societies in New Zealand. They might be sporting groups, hobby groups, community groups, or a group…

Is IRD Approval Needed to Alter Your Charity Rules?

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Charities form a fundamental part of our society, supporting and providing for those in need and the community. However, many charities have rules which really need a refresh as they have been in place for a long time. One common question…

Recent Changes to the Charities Act: Part I

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The new Charities Amendment Act 2023 (the Act) amends the Charities Act 2005. Some of its changes are already in force, having been introduced in July and October this year, while other changes come into force from 5 July 2024. In this two part…

Recent Changes to the Charities Act: Part II

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We continue our two part update covering the changed brough on by the Charities Amendment Act 2023 (the Act). In part one we covered the changes that came into effect in October 2023. In this part two, we cover the changes that are coming into…

Transitioning from an Incorporated Society to a Charitable Trust

Now is a great time to consider whether the legal vehicle of your society is best serving your needs. We've outlined the pros and cons of Incorporated Societies and Charitable Trusts as entities here. If you believe a Charitable Trust is…

Incorporated Societies Act 2022: What you need to know about the regulations

In September 2023, the regulations for the Incorporated Societies Act 2022 (the “new Act”) were released.  So what do you need to know? Alternative method of filing documents may be allowed by the registrar where it is not practicable…

Incorporated Societies Act 2022 re-registration: What you need to know

From 5 October 2023 until 5 April 2026, all 24,000 incorporated societies in New Zealand must re-register under the Incorporated Societies Act 2022 (the “new Act”). So what does this mean for you and your society?  In this article we’ll…

Incorporated Societies Act 2022: Proposed Regulations Summary

Comments are requested on these regulations by 24 July 2023 at 5pm. We created this summary to help inform you about what you might want to submit on. The regulations set out in the paper are divided into two categories: “Base” and “Top-up”…

The Second edition of “Start-ups Legal Toolkit” is now available

Parry Field Lawyers is pleased to release the second edition of our popular Start-up Legal Toolkit which is downloadable for free The book covers a range of topics including: structure options and how to set up a company; fundraising; …

Advertising your fundraising effort

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Your business is thriving and you need substantial additional capital to fund the next stage of your growth. You have read up on the Financial Markets Conduct Act 2013 (“FMCA”) (available here) and would prefer to raise funds through one of the Schedule 1 exemptions from product disclosure statement requirements (discussed here). Being proactive, you have already approached your close business associates, relatives, and employees while also taking full advantage of your statutory small offers limit, but it is still not enough.

Introduction to the New Zealand Emissions Trading Scheme

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The New Zealand Emissions Trading Scheme (the “NZ ETS”) was introduced as a tool to combat climate change in Aotearoa New Zealand. It was created under a 2008 amendment to the Climate Change Response Act 2002 (the “Act”) with the purpose to help Aotearoa New Zealand meet its international greenhouse gas emissions obligations under the United Nations Framework Convention, the Kyoto Protocol and the Paris Agreement, and to meet its 2050 targets and emissions budgets.

The new Incorporated Societies Act 2022 and your constitution: Requirements for general meetings

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Introduction The Incorporated Societies Act 2022 (the “new Act”) recently received Royal Assent, resulting in significant changes for the 24,000 incorporated societies in New Zealand. The new Act replaces the Incorporated Societies Act…

The new Incorporated Societies Act 2022 and your constitution: What has changed for governance?

Introduction The Incorporated Societies Act 2022 (the “new Act”) recently received Royal Assent, resulting in significant changes for the 24,000 incorporated societies in New Zealand. The new Act replaces the Incorporated Societies Act…

Duties and Liabilities Imposed On A Director of A New Zealand Company

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New  Zealand’s Companies Act 1993 and common law impose duties and liabilities on the directors of a company. Who is a director? Many of the following duties are not limited to those actually on the board of directors. A director can…