Building Societies Act 1965

Constitution of building societies - Rules of society

19: Alteration of rules

You could also call this:

"How to change the rules of a society"

You can change the rules of a society by getting a special vote. After you change the rules, you need to tell the Registrar within 14 days. A director and the secretary of the society must sign this notice.

The Registrar might ask a lawyer called the Solicitor-General to check if the new rules follow the law. If they don't, the Solicitor-General can tell you what's wrong.

If the new rules are okay, the Registrar will register them. The new rules start working when they're registered.

If the Registrar says no to the new rules, you can ask a judge to look at them again.

You can't have a rule that says you can change rules without a special vote. That kind of rule doesn't work.

If you don't tell the Registrar about rule changes within 14 days, you're breaking the law. This applies to the society and any person in charge who didn't follow this rule.

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This page was last updated on 15 April 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM371600.

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18: Effect of rules, or

"Rules of a building society apply to everyone involved and visitors don't need to check if the society follows its own rules"

20: Copies of rules to be supplied on request, or

"You can ask for and get a copy of a society's rules"

Part 2Constitution of building societies
Rules of society

19Alteration of rules

Any society may alter its rules by special resolution.
The society must send notice of the alteration, signed by a director and the secretary of the society, to the Registrar for registration within 14 days after the passing of the special resolution.
The Registrar may refer the alteration to the Solicitor-General to ensure it complies with this Act.
If the Solicitor-General considers that the alteration does not comply with this Act, he or she may notify the society of the ways in which it does not comply.
If the Registrar is satisfied that the alteration complies with this Act, the Registrar must register the alteration.
The alteration takes effect on registration.
If the Registrar refuses to register the alteration, the society shall have the same right of appeal to a Judge of the High Court as it would have against a refusal to register rules, and the provisions of section 16 shall apply accordingly.
Any provision in the rules of a society that the rules may be altered without passing a special resolution shall be void.
If any society fails to comply with subsection (2), the society, and every officer of the society who is in default, shall be guilty of an offence against this Act.

Compare

1908 No 18 ss 18, 19, 20
1955 No 97 ss 2(3), 5(c), (d)
Building Societies Act 1962 s 17 (UK)

Notes

Section 19(2): replaced, on 20 September 2007, by section 7 of the Building Societies Amendment Act 2007 (2007 No 43).
Section 19(3): replaced, on 20 September 2007, by section 7 of the Building Societies Amendment Act 2007 (2007 No 43).
Section 19(3A): inserted, on 20 September 2007, by section 7 of the Building Societies Amendment Act 2007 (2007 No 43).
Section 19(4): replaced, on 20 September 2007, by section 7 of the Building Societies Amendment Act 2007 (2007 No 43).
Section 19(5): replaced, on 20 September 2007, by section 7 of the Building Societies Amendment Act 2007 (2007 No 43).
Section 19(6): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).