Legal Responsibilities of Voluntary Organisations in New Zealand

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This information also appears as Brochure 2. Download a PDF copy (176kb).

Key features of incorporated societies

The main Act that governs incorporated societies is the Incorporated Societies Act 1908. A society with charitable purposes can also incorporate under the Charitable Trusts Act 1957 to become a charitable trust board.

Answer the following questions about the relevant features of your group for deciding on an appropriate legal form and about good practice for operating successfully. If you answer any of them with “No” or “Unsure”, make it a priority to find out the relevant information as soon as possible.

Yes Unsure
/No
Does your organisation have limited liability?Learn more: Incorporated societies
Does your organisation have rules (a constitution)?Learn more: Incorporated societies
Does your organisation associate for a lawful purpose?Learn more: Incorporated societies
Are all profits returned to the society and used for the society’s purposes?Learn more: Incorporated societies
Are all profits returned to the society and used for the society’s purposes?Learn more: Incorporated societies
Is your organisation registered with the Registrar of Incorporated Societies?Learn more: Incorporated societies
Does your organisation have at least 15 members?Learn more: Incorporated societies
Are the activities your society undertakes consistent with the society’s objects?Learn more: Incorporated societies
Do you know who in your organisation has authority to enter into contracts?Learn more: Contracts
Has your organisation registered with the Charities Commission?Learn more: Charities Commission, Taxation
Is your organisation meeting its tax-related obligations?Learn more: Taxation

Remember to print this checklist out once you’ve completed it.