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Incorporated Societies Act 2022

Administration of societies - Constitution - Contents of constitution

28: Bylaws, and tikanga, kawa, culture, or practice, and other matters

You could also call this:

"A society's rules and extra guidelines, like bylaws and cultural practices, must follow the law."

Illustration for Incorporated Societies Act 2022

You can include other matters in the constitution that do not go against this Act or other laws. This includes deciding if the society can make bylaws and how to make them. You can also express the society's tikanga, kawa, culture, or practice in the constitution. You can set reasonable penalties for members who do not follow the rules. The constitution can include other matters that are relevant to the society's operations. A bylaw is not valid if it goes against this Act, other laws, or the society's constitution. Making, changing, or getting rid of a bylaw is not the same as changing the society's constitution. You can find more information by looking at the Incorporated Societies Act 2022 and other related laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS100893.

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27: Constitution must not give members rights or interests in society’s property, or

"Society members do not own its property"

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29: Effect of constitution, or

"What the society's rules mean for its members"

Part 3Administration of societies
Constitution: Contents of constitution

28Bylaws, and tikanga, kawa, culture, or practice, and other matters

  1. The constitution may contain any other matters that are not inconsistent with this Act or any other legislation, including providing for—

  2. whether and, if so, how the society can make bylaws:
    1. the society to express its tikanga, kawa, culture, or practice:
      1. reasonable penalties to be imposed on any member (and for the consequences of the non-payment of any subscription or penalty):
        1. any other matter relevant to the society’s operations or affairs.

          1. A bylaw purportedly made by a society has no effect to the extent that it contravenes, or is inconsistent with, this Act, any other legislation, or the society’s constitution.

          2. The making, amendment, revocation, or replacement of a bylaw is not an amendment of the society’s constitution.

          Compare
          • 1922 No 27 s 3
          • 1953 No 80 s 4