Incorporated Societies Act 2022

Administration of societies - Indemnities or insurance for officers, members, or employees of society

98: Indemnity or insurance for breach of officers’ duties, etc, must be expressly authorised by society’s constitution

You could also call this:

"Societies can help officers pay for mistakes, but only if their rules allow it."

Illustration for Incorporated Societies Act 2022

You can get help if you make a mistake as an officer of a society. The society can help pay for your mistakes, but only if their rules say they can. You can find more information about officers' duties in sections 54 to 61. You can get help with costs if someone sues you because of a mistake you made. The society's rules must say they can help you with these costs. This help is for mistakes that are not criminal, like not following the society's rules. The society can also get insurance to help pay for your mistakes. Again, their rules must say they can do this. This insurance is for mistakes like not following the society's rules or other duties you have as an officer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS100983.

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97: Permitted insurance for certain liability or costs, or

"Insurance to cover costs if you're liable as a society member or employee"


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"When Charitable Societies Must Balance Their Books"

Part 3Administration of societies
Indemnities or insurance for officers, members, or employees of society

98Indemnity or insurance for breach of officers’ duties, etc, must be expressly authorised by society’s constitution

  1. Despite sections 96 and 97, a society may indemnify an officer under section 96, or effect insurance for an officer under section 97, for the matters specified in subsection (2) only if giving the indemnity or effecting the insurance is expressly authorised by the society’s constitution.

  2. The matters are—

  3. liability (other than criminal liability) for a failure to comply with—
    1. a duty under sections 54 to 61 (officers’ duties); or
      1. any other duty imposed on the officer in their capacity as an officer:
      2. costs incurred by the officer for any claim or proceeding relating to that liability.