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Incorporated Societies Act 2022

Enforcement - Offences

154: False statements

You could also call this:

"Telling lies or hiding important information in documents is against the law"

Illustration for Incorporated Societies Act 2022

You commit an offence if you make a false statement in a document for this Act. You do this if you know the statement is false and it is important. You also commit an offence if you leave out important information that makes the document false. You commit an offence if you are an officer or employee of a society and you make a false statement about the society. This includes statements to people inside or outside the society. You must know the statement is false. If you vote for a false statement at a meeting, you are treated as if you made the statement. If you commit an offence, you can be imprisoned for up to 1 year, fined up to $50,000, or both. This is similar to section 377 of another Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101043.

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Part 4Enforcement
Offences

154False statements

  1. A person commits an offence if, with respect to a document required by or for the purposes of this Act, they—

  2. make, or authorise the making of, a statement in it that is false or misleading in a material particular knowing it to be false or misleading in a material particular; or
    1. omit, or authorise the omission from it of, any matter knowing that the omission makes the document false or misleading in a material particular.

      1. An officer or employee of a society commits an offence if they—

      2. make or provide, or authorise or permit the making or providing of, a statement or report that relates to the operations or affairs of the society, and that is false or misleading in a material particular, to—
        1. an officer, an employee, an auditor, or a member of the society; or
          1. a liquidator, liquidation committee, or receiver or manager of property of the society; and
          2. know it to be false or misleading in a material particular.

            1. For the purposes of this section, a person who voted in favour of the making of a statement at a meeting must be treated as having authorised the making of the statement.

            2. A person who commits an offence under this section is liable on conviction to imprisonment for a term not exceeding 1 year, a fine not exceeding $50,000, or both.

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