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Incorporated Societies Act 2022

Administration of societies - Constitution - Procedures in constitution for resolving disputes

38: Meanings of dispute and complaint

You could also call this:

"What is a dispute or complaint in your society?"

Illustration for Incorporated Societies Act 2022

You have a dispute when you disagree with someone in your society. This can be between members, or between members and the society, or between members and officers. You can also have a dispute between officers, or between officers and the society. When you have a dispute, it is usually about someone doing something wrong, or not following the rules. This can include a member or officer not doing what they are supposed to do, or the society not following its own rules. You can also have a dispute if you think your rights as a member have been affected. You make a complaint when you start a process to resolve a dispute, following the rules of your society. This can be done by a member, an officer, or the society itself. For example, the society might start a disciplinary action against a member or officer who has done something wrong. When we talk about members or officers in this context, we mean people acting in their role as members or officers of the society. This helps to clarify what we mean when we talk about disputes and complaints in your society.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS532560.

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Part 3Administration of societies
Constitution: Procedures in constitution for resolving disputes

38Meanings of dispute and complaint

  1. A disagreement or conflict is a dispute if—

  2. it is between—
    1. 2 or more members; or
      1. 1 or more members and the society; or
        1. 1 or more members and 1 or more officers; or
          1. 2 or more officers; or
            1. 1 or more officers and the society; or
              1. 1 or more members or officers and the society; and
              2. the disagreement or conflict relates to an allegation that—
                1. a member or an officer has engaged in misconduct; or
                  1. a member or an officer has breached, or is likely to breach, a duty under the society’s constitution or bylaws or this Act; or
                    1. the society has breached, or is likely to breach, a duty under the society’s constitution or bylaws or this Act; or
                      1. a member’s rights or interests as a member have been damaged or members’ rights or interests generally have been damaged.

                      2. A member, an officer, or a society makes a complaint if, in accordance with the society’s constitution,—

                      3. the member or officer starts a procedure for resolving a dispute in accordance with the constitution; or
                        1. the society starts a procedure for resolving a dispute in accordance with the constitution (for example, the society starts a disciplinary action against a member or an officer in relation to an allegation referred to in subsection (1)(b)(i) or (ii)).

                          1. In this section, a reference to—

                          2. a member is a reference to a member acting in their capacity as a member:
                            1. an officer is a reference to an officer acting in their capacity as an officer.