Plain language law

New Zealand law explained for everyone

Charitable Trusts Act 1957

Incorporation of trust boards

10: Applications for incorporation

You could also call this:

“How to apply to make your group or trust official”

When you want to apply for incorporation, you need to follow these steps:

You need to sign your name and write your address on the application. You also need to include some important documents with your application:

  1. A copy of any wills, trust documents, or other papers that show why you’re applying and how you use any property you have. One of the people applying needs to say this copy is correct.

  2. A statement from one of the people applying that explains any other ways you use property that isn’t in the documents you’ve provided.

  3. If you’re applying as trustees of a society, you need to include:
    • A copy of the society’s rules, if there are any. If there aren’t any rules, you need to provide a statement explaining how the society works.
    • A statement saying that the society has allowed you to apply, and how they gave you this permission.
  4. An email address that can be used to contact the board.

The person in charge of registering trusts (called the Registrar) might ask for more information if they think what you’ve provided isn’t enough. They won’t register your trust until you give them all the information they need.

You can send original documents instead of copies if you want to. If you do this, there are some special rules about how these documents will be handled.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309928.

Topics:
Business > Starting a business Business > Industry rules
Previous

9: Manner in which society may authorise application, or

"How a group can agree to create a trust board"

Next

11: Registration of boards, or

"How to make your trust board official"

Part 2 Incorporation of trust boards

10Applications for incorporation

  1. Each subscriber to an application for incorporation must add the subscriber's name and address to the subscriber's signature.

  2. Every application for incorporation under this Part shall be accompanied by—

  3. a copy (certified by one of the subscribers to the application as a correct copy) of the relevant parts of all wills, declarations of trust, and other documents (if any) showing the general purposes of the trustees making the application and the trusts on which the applicant or applicants hold any property that is vested in the applicant or applicants as such and is not held for the general purposes of the applicant or applicants:
    1. a statutory declaration made by one of the subscribers to the application setting forth any trusts on which the applicant or applicants hold any property, being trusts not set out in any document or copy of a document accompanying the application:
      1. in any case where the application for incorporation is made by the trustees of a society—
        1. a copy of the rules and other documents (if any) providing for the constitution of the society, certified by one of the subscribers to the application as a correct copy of the then current rules and documents, or (where there are neither any such rules nor any such documents) a statutory declaration made by one of the subscribers to the application setting forth the purposes of the society, the manner in which persons become members or cease to be members thereof, and the manner in which the society operates:
          1. a statutory declaration made by one of the subscribers to the application to the effect that the application is authorised by the society, and specifying the mode in which it is so authorised:
          2. an electronic address for the purposes of any communication with the board.

            1. If the Registrar considers that any documents accompanying an application do not disclose sufficient information regarding the trusts on which any property is held by the applicant or applicants, the Registrar may refuse to register the trustees as provided in this Part until the further information that the Registrar requires is supplied to the Registrar.

            2. Original documents may in any case accompany any such application instead of copies, and the provisions of subsection (5) of section 29 shall thereupon apply in respect of the documents.

            Compare
            • 1908 No 212 s 7
            Notes
            • Section 10(1): replaced, on , by section 4 of the Charitable Trusts Amendment Act 2007 (2007 No 45).
            • Section 10(2)(a): amended, on , by section 263(1) of the Incorporated Societies Act 2022 (2022 No 12).
            • Section 10(2)(c): amended, on , by section 263(2) of the Incorporated Societies Act 2022 (2022 No 12).
            • Section 10(2)(d): inserted, on , by section 32 of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
            • Section 10(3): replaced, on , by section 263(3) of the Incorporated Societies Act 2022 (2022 No 12).