Incorporated Societies Act 2022

Register, regulations, amendments, and other miscellaneous provisions - Conversion of entities into incorporated societies

258: Consequences of failing to comply with terms or conditions of conversion

You could also call this:

"What happens if your society doesn't follow the rules it agreed to when it converted?"

Illustration for Incorporated Societies Act 2022

If you are part of an incorporated society that fails to comply with a term or condition, the court can make orders. You can find out what orders the court can make by looking at section 129. The court treats the term or condition like it is part of your society's constitution. If the court makes an order, it uses rules from subpart 1 of Part 4, but with some changes. This is because the term or condition is treated like part of your society's constitution. You should also know that if you fail to comply, the Registrar can remove your society from the register, as stated in section 175. The court's orders can affect your society, so it is essential to comply with the terms and conditions. You must follow the rules to avoid any consequences. The rules are in place to ensure your society operates correctly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS324158.

This page was last updated on 4 January 2026 — View changes

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257: Entities formed or incorporated by other Acts may convert to be incorporated societies, or

"Change a group to an incorporated society if it was formed under a different law"

259: Amendments to Charitable Trusts Act 1957, or

"Changes to the Charitable Trusts Act 1957 law"

Part 6Register, regulations, amendments, and other miscellaneous provisions
Conversion of entities into incorporated societies

258Consequences of failing to comply with terms or conditions of conversion

This section applies if an incorporated society fails to comply with a term or condition imposed under regulations made under section 254(1)(w).
The court may make 1 or more of the orders specified in section 129 as if the term or condition were a provision of the society’s constitution.
For the purposes of subsection (2), subpart 1 of Part 4 applies with all necessary modifications as if the term or condition were a provision of the society’s constitution.
See also section 175, which specifies the failure as a ground that allows the Registrar to remove the society from the register.