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Incorporated Societies Act 2022

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

41: Safe harbour if Schedule 2 is used

You could also call this:

"Using Schedule 2 helps make your society's dispute rules fair"

Illustration for Incorporated Societies Act 2022

You have a society with rules to resolve disputes. If your rules follow clauses 2 to 8 of Schedule 2, they are treated as fair. You can also add more rules, as long as they are consistent with the ones in Schedule 2. You can have other dispute resolution rules in your society's constitution. These rules must also be fair and follow the rules of natural justice. This means your society can have its own rules, as long as they are fair and consistent with the rules of natural justice. If you use the procedures in clauses 2 to 8 of Schedule 2, they will be seen as fair. You can add more procedures to resolve disputes, as long as they are fair and consistent. Your society's constitution can have its own rules for resolving disputes, as long as they are fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS545871.

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40: Society may choose to include procedures in Schedule 2, or

"Your society can choose to add some rules to its constitution if it wants to."

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42: Constitution may provide for types of dispute resolution, or

"Your society's rules can say how to resolve disputes"

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

41Safe harbour if Schedule 2 is used

  1. The procedures in a society’s constitution for resolving disputes must be treated as being consistent with the rules of natural justice if those procedures consist of—

  2. all of the procedures in clauses 2 to 8 of Schedule 2; and
    1. any additional procedures that are consistent with those procedures.

      1. Subsection (1) does not prevent a society from having other procedures in its constitution for resolving disputes (as long as those procedures are consistent with the rules of natural justice).