How do Incorporated Societies Re-register Under the New Act?

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Re-registering Incorporated Societies Under the New Act

New legislation is in place for Incorporated Societies. The Incorporated Societies Act 2022 received Royal Assent in April 2022, replacing the Incorporated Societies Act 1908. We are currently in a transitional period and existing Incorporated Societies need to re-register before April 2026. We look at the process.

What Happens Before an Incorporated Society Re-registers?

Until an Incorporated Society re-registers under the new Act, it continues to operate under the Incorporated Societies Act 1908 (the existing Act). However, this is only possible until April 2026 when the transition period ends.

When Must an Incorporated Society Re-register by?

If Incorporated Societies wish to remain as incorporated societies, they must re-register by 5 April 2026.

What does Re-registration Entail?

Societies need to be re-registered on the Incorporated Societies Register. To do so, the Incorporated Society must provide an up-to-date rules document which is now called a constitution.

What Steps Must You Take to Re-register an Incorporated Society?

Applications for re-registration must contain:  

• Information prescribed by the regulations  
• The proposed name of the Incorporated Society 
• Contact details of at least one contact person 
• A copy of the Incorporated Society’s proposed constitution 
• Information about every person named as an officer, including the person’s consent to be an officer and a certificate that the person is not disqualified from being elected or appointed or otherwise holding office as an officer of the Incorporated Society 

An Incorporated Society must now have a minimum of 10 members to register as an Incorporated Society – this is a decrease from 15 in the 1908 Act. 

The constitution must include appropriate dispute resolution procedures and each incorporation must have a committee set up to manage the operation and affairs of the society. 

Is It Important to Prepare for Re-reregistration Early?

Yes, Incorporated Societies should not delay in preparing for re-registration. Most Incorporated Societies will be required to update their constitution/rules and must allow time for this.

What Will Happen to Societies That Fail to Re-register by 5 April 2026?

Any society that fails to re-register by the deadline will cease to exist.  
 
Implications of this include: 

• The removal of your right to make decisions on behalf of your society 
• The removal of the separate legal identity the society previously had 
• Loss of protection of the name of the society 
  
  

Why Did the Act Need to be Replaced?

The 1908 Act was considerably outdated, and the new Act has been welcomed. As well as modernising the way societies operate, the new Act will help integrate best practice processes into Incorporated Societies. 

If you’d like some further advice on how Incorporated/Residents Societies function contact Crockers’ Community Living experts  on  09 968 3311 or email  bc@crockers.co.nz