Reforming the Not-For-Profits Statutes – Constitutional Questions

In the article “Reforming the Not-For-Profits Statutes – Fundamental Questions”, the Law Commission Issues Paper (NZLC IP, 24 June 2011) was first mentioned.  This is the second article which sets out the questions asked in the Issues Paper, and readers are urged to make their own submissions before 30 September 2011 (sent to Geoff McLay, Commissioner, New Zealand Law Commission, PO Box 2590, Wellington 6011, DX SP 23534, or by email to incsocs@lawcom.govt.nz). Question 7: Do the New South Wales’ requirements for matters that must be dealt with by a constitution offer a good starting point for New Zealand legislation? Have you any other suggestions about other types of rules that might be required? The Incorporated Societies Act prescribes a short list of minimum requirements for a society’s rules (the Charitable Trusts Act has no list at all); the society’s name with the word “Incorporated” as the last word of the name, the society’s , how people become members, how people cease to be members, how the society’s rules may be altered, added to, or rescinded, how general meetings are summoned and held, and how members vote at meetings, how officers are appointed, control and use of the common seal, control and investment of society funds, any powers to borrow money, and disposition of society property if it is put into liquidation. The NSW list of minimum requirements is somewhat more extensive; any qualifications for membership, the register of members, entrance fees, subscriptions and any amounts to be paid by members, the liability (if any) of members to contribute towards the debts and liabilities of the society or the...