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Incorporated Societies Act 2022

Administration of societies - Committee and officers - Officer ceasing to hold office

51: Former officer remains liable for past acts, omissions, and decisions

You could also call this:

"Former officers are still responsible for things they did or didn't do while in the role"

Illustration for Incorporated Societies Act 2022

If you used to be an officer, you can still be liable for things you did or did not do while you were an officer. You remain liable under the Incorporated Societies Act 2022 for acts, omissions, and decisions made while you were an officer. However, you can look at the Limitation Act 2010, which may provide defences to certain claims made after a certain period of time, such as 6 years after the act or omission occurred, and can be found at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2033100.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS100925.

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50: Officer ceasing to hold office, or

"What happens when someone stops being an officer of a society"

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52: Notice of elections or appointments and of other changes relating to officers, or

"Telling the Registrar about changes to society officers"

Part 3Administration of societies
Committee and officers: Officer ceasing to hold office

51Former officer remains liable for past acts, omissions, and decisions

  1. Despite vacating office as an officer, a person who has held office as an officer remains liable under the provisions of this Act that impose liabilities on officers for acts and omissions and decisions made while that person was an officer.

  2. See, however, the Limitation Act 2010, which provides defences to certain claims that are filed after an applicable period of time (for example, 6 years after the date of the act or omission on which the claim is based).

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