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Incorporated Societies Act 2022

Administration of societies - Constitution - Amendments to constitution

35: Court may amend constitution

You could also call this:

"A court can change a society's rules if they are unfair or don't follow the law."

Illustration for Incorporated Societies Act 2022

You can ask a court to change a society's constitution. The court can make this change if it thinks the constitution does not follow the rules of the Incorporated Societies Act 2022. It can also make the change if the society did not follow the correct process to amend the constitution, as outlined in section 30 or 31. You can also ask the court to make a change if it is not reasonable for the society to make the change itself. The court can make the change if the constitution is unfair or if it is just and fair to make the change. The court's decision will be final. When the court makes a decision, it sends the change to the Registrar. The Registrar then updates the society's constitution on the register. The change takes effect from the date the register is updated.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS100900.

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34: Registration of amendment, or

"How to register a change to a society's rules"

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36: Amendment where constitution is oppressive, unfairly discriminatory, or unfairly prejudicial, or

"Changing a society's rules if they are unfair"

Part 3Administration of societies
Constitution: Amendments to constitution

35Court may amend constitution

  1. A court may, on the application of a society or a member of a society, make an order amending the constitution of the society if it is satisfied of 1 or more of the following:

  2. the constitution does not comply with the requirements of this Act:
    1. an amendment to the constitution was not made in accordance with section 30 or 31:
      1. it is not reasonably practicable for the society to amend the constitution itself using the procedure set out in its constitution:
        1. the constitution is operating, or is likely to operate, in an oppressive, unfairly discriminatory, or unfairly prejudicial manner:
          1. for any other reason, it is just and equitable to amend the constitution.

            1. The Registrar must amend the constitution on the register after receiving a sealed copy of the order or on a later date specified in the order.

            2. The amendment takes effect from the date on which the constitution on the register is amended.

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