Incorporated Societies Act 2022

Administration of societies - Members - General meetings

85: Irregularities in calling meeting

You could also call this:

"Mistakes when calling a meeting can still be okay if members agree or don't complain."

Illustration for Incorporated Societies Act 2022

You can still have a valid meeting even if there was a mistake in how it was called. If all members who can attend and vote are at the meeting and do not complain about the mistake, or if they all agree to ignore it, the mistake is waived. You can also have a valid meeting if a member did not get notice of it by accident, as long as it does not go against the society's rules. If a member was supposed to get notice of a meeting but did not, this does not automatically make the meeting invalid. However, the society's rules can override this. The society's rules are outlined in its constitution. You can find more information about this in the Schedule 1 cl 2(3), (3A) for comparison.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS254830.

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Part 3Administration of societies
Members: General meetings

85Irregularities in calling meeting

  1. An irregularity in the manner of calling a general meeting of a society is waived if all the members entitled to attend and vote at the meeting attend the meeting without protest as to the irregularity, or if all such members agree to the waiver.

  2. An accidental omission to give notice of a meeting to, or a failure to receive notice of a meeting by, a member does not invalidate the proceedings at that meeting.

  3. Subsection (2) is subject to the constitution of the society.

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