Building Societies Act 1965

Management and administration - Meetings and resolutions

79: Proxies

You could also call this:

"Someone can act and vote for you at building society meetings"

Illustration for Building Societies Act 1965

If you're a member of a building society, you can choose someone else to go to meetings and vote for you. This person is called a proxy. They don't have to be a member of the society.

Usually, your proxy can only vote when there's a poll, unless the society's rules say otherwise.

When the society tells you about a meeting, they must clearly say that you can choose a proxy. They should explain that your proxy doesn't have to be a member.

If the society forgets to tell you about proxies when they announce a meeting, the people in charge could get in trouble.

The society can't make rules that say you have to tell them about your proxy more than 72 hours before the meeting. If they have a rule like this, it doesn't count.

The society isn't allowed to only send some members information about choosing certain people as proxies. If they do this on purpose, the people in charge could get in trouble. But it's okay if they send this information to members who ask for it in writing.

These rules about proxies apply to all types of member meetings in the society.

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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=DLM372013.

Topics:

Money and consumer rights > Banking and loansHousing and property > Buying and selling homes

78: Persons entitled to notice of meetings, or

"Who gets told about society meetings and how"

80: Right to demand a poll, or

"You can ask for a vote on important matters at building society meetings"

Part 7Management and administration
Meetings and resolutions

79Proxies

Any member of a society entitled to attend and vote at a meeting of the society shall be entitled to appoint another person, whether a member or not, as his or her proxy to attend and, subject to subsection (2), to vote instead of him.
Unless the society's rules otherwise provide, a proxy shall not be entitled to vote except on a poll.
In every notice calling a meeting of a society there shall appear with reasonable prominence a statement that a member entitled to attend and vote is entitled to appoint a proxy, or, where that is allowed, 1 or more proxies, to attend and vote instead of him, and that a proxy need not also be a member.
If default is made in complying with subsection (3) in respect of any meeting, every officer of the society who is in default shall be guilty of an offence against this Act.
Any provision in a society's rules shall be void so far as it would have the effect of requiring the instrument appointing a proxy, or any other document necessary to show the validity of or otherwise relating to the appointment of a proxy, to be received by the society or any other person more than 72 hours before a meeting or adjourned meeting in order that the appointment may be effective thereat.
If for the purpose of any meeting of a society invitations to appoint as proxy a person or one of a number of persons specified in the invitations are issued at the society's expense to some only of the members entitled to be sent a notice of the meeting and to vote thereat by proxy, every officer of the company who knowingly and wilfully authorises or permits their issue as aforesaid shall be guilty of an offence against this Act: provided that an officer shall not be liable under this subsection by reason only of the issue to a member at his or her request in writing of a form of appointment naming the proxy or of a list of persons willing to act as proxy if the form is available on request in writing to every member entitled to vote at the meeting by proxy.
This section shall apply to meetings of any class of members of a society as it applies to general meetings of the society.

Compare

Building Societies Act 1962 s 67 (UK)