Societies and Charities
Advising Societies, Charities and other Non-profit organisations
Societies and Charities
Bannister & von Dadelszen is one of the few legal firms in New Zealand specialising in advising societies (general and charitable), charitable trusts, and other not-for-profit organisations.
We advise “not-for-profit” societies and trusts, involved in a wide range of activities and fields (community benefit, sporting, cultural, religious and commercial), ranging from small community clubs through to large nation-wide organisations.
That work for clients all over New Zealand, and our work for local, regional and national organisations includes:
- Advising on the most appropriate legal structure for a proposed not-for-profit organisation,
- Drafting constitutions (rules and trust deeds) and amendments to those documents,
- Advising on the implications of the proposed new Incorporated Societies Act (see Overview of Proposed New Incorporated Societies Act)
- Advising on the interpretation of the constitutions of not-for-profit organisations,
- Incorporating not-for-profit organisations,
- Registering charitable organisations under the Charities Act 2005,
- Advising on Charities Board investigations into charities,
- Advising on the meeting and electoral procedures of not-for-profit organisations,
- Advising on disputes within not-for-profit organisations,
- Representing members and not-for-profits in Court proceedings,
- Providing independent dispute resolution and chairmanship services for not-for-profit organisations, and
- Governance training and facilitation of strategic planning sessions.
Other legal firms all over the country also seek our advice on these issues.
Email the Societies and Charities Team
Articles on Not-for-Profits can be accessed by clicking on the following links:
Annual General Meeting of a Society or Charitable Trust under COVID-19 Restrictions – 20 May 2020
Not-for-Profits’ Obligations under their Constitutions and Statutes and COVID-19 – 14 April 2020
Holding (or not holding) General Meetings of Members in extraordinary circumstances – 17 March 2020
New Incorporated Societies Act – What existing societies will have to do and be aware of – 7 February 2020
Constitution-Builder for Society Constitutions – 24 October 2019
Essential Record-Keeping for Not-for-Profit Organisations – 23 September 2019
Codes of Conduct in Not-for-Profits – 23 September 2019
New Incorporated Societies Act – Progress? – 28 June 2019
Record-Keeping for Not-for-Profit Organisations – 25 May 2019
New Zealand Copyright for Musicians – 10 Oct 2018
When a Society can Find no Officers – 9 October 2018
Governing Charitable Trusts and Charitable Societies – 16 July 2018
Not-for-Profits and Anti-Money Laundering and Countering Financing of Terrorism – 9 July 2018
The Principles of Natural Justice – why they are important – 2 Nov 2017
Reforming the Incorporated Societies Act – Why are we still waiting? – 26 Oct 2017
Chairing a Difficult Meeting – 26 Oct 2017
Update (September 2017) on Incorporated Societies Act Reform – 8 Sep 2017
No Volunteers to Govern a Not-for-Profit Organisation – 7 Sep 2017
Meeting Disturbances and Emergencies – 25 Jul 2017
Not-for-Profits – Protection of Vulnerable Children – A New Compliance Issue – 25 Jul 2017
Selections to a Team or Group to Represent a Society – 25 Jul 2017
Conflicts of Interest – Short Guide – 20 Jul 2017
Conflicts of Interest, Bias and Predetermination in Societies and Charities – Recognising and Managing – 20 Jul 2017
Before Engaging in Governance – A Checklist – 27 Feb 2017
Updating (Replacing) the Trustee Act 1956 – 22 Nov 2016
Proposed New Trusts Legislation will Affect Charities – 22 Nov 2016
Risks for those in Not-for-Profit Governance in 2016 – 7 Jul 2016
Adequate Notice of Meetings (30 Jun 2016) – Updated 26 October 2017
Business Numbers – What they Mean for Not-for-Profits (2 Jun 2016) – Updated 12 August 2019
Dealing with Difficult People and Difficult Situations in Not-for-Profits – 26 May 2016
Health and Safety Issues and Not-for-Profits – 4 Apr 2016
Passionate about Charities – 16 Feb 2016
Before Joining a Not-for-Profit’s Governance Group – 16 Feb 2016
Does your Organisation Have a Future? (16 Feb 2016) – Updated 24 February 2018
Appointing new Trustees to (or Removing Trustees of) a Trust – 4 Dec 2015
Overview of Proposed New Incorporated Societies Act – 20 Nov 2015
Meetings of Bodies Corporate (9 Nov 2015) – Updated 13 November 2017
Can a Society Member Resign to Avoid a Society’s Disciplinary processes? (6 Mar 2015) – Updated 6 July 2020
Be Prepared – Incorporated Societies Law Reform – 30 Jan 2015
Some “Big C” Issues for Not-for-Profits – 14 Nov 2014
Power to the People? – 20 Aug 2014
A Revolution for Incorporated Societies – 20 Aug 2014
Meetings and Emergencies – 20 Aug 2014
High Court Amending Charitable Trusts – 20 Aug 2014
Why write about Not-for-Profits? A Personal View – 29 Nov 2013
Law Commission Report – Legal Dealings of Incorporated Societies – 15 Nov 2013
Law Commission Report – Establishing and Registering Societies – 1 Nov 2013
Law Commission Report – Personal Gain for Society Members – 18 Oct 2013
Law Commission Report – Types of Incorporated Societies – 4 Oct 2013
Law Commission Report – Why we Have an Incorporated Societies Act – 20 Sep 2013
Be Aware – Probable New Incorporated Societies Act – 6 Sep 2013
Cultural Imperatives in Not-for-Profits – 23 Aug 2013
Not-for-Profit Disciplinary Processes after Criminal Proceedings – 9 Aug 2013
Name and Purposes of a Typical Not-for-Profit – 26 Jul 2013
The Powers of a Not-for-Profit – 26 Jul 2013
Responding to Dysfunctionality in a Society – 28 Jun 2013
“Officers” Under the Charities Act – 14 Jun 2013
Consequences of Failure to Register a Change to a Society’s or Trust’s Constitution – 31 May 2013
Remedying a Procedurally Unlawful Change to Society Rules – 17 May 2013
The Relationship Between Society Committees and General Meetings – 14 May 2013
Trespassing on Religious Territory – 15 Apr 2013
Use of Modern Technology by Societies – 5 Apr 2013
“Purposes Drift” in Not-for-Profits – 22 Mar 2013
Determining Who Becomes a Member of a Society – 8 Mar 2013
Defining a Not-for-Profit Society – 22 Feb 2013
Governance Propriety – Mixing Governance and Management – 8 Feb 2013
Charitable Trustees Profiting at the Expense of Charities – 25 Jan 2013
The Perils of a Society Branching Out – 24 Dec 2012
Committees and the Power of Society Members – 30 Nov 2012
Prudent Charitable Trustees – 16 Nov 2012
The “Pecuniary Gain” Conundrum in Society Law – 16 Nov 2012
Governance Propriety for Not-for-Profits – 2 Nov 2012
What is a Non-Profit Organisation? – 5 Oct 2012
Co-Option to Committees – 21 Sep 2012
The Need for an Effective Societies’ Complaints Mechanism (7 Sep 2012) – Updated 2 May 2018
Code of Conduct for Those in Governance of Community Organisations – 24 Aug 2012
Access to Society and Charity Records – Revisited – 10 Aug 2012
Access to Society and Charity Records – 27 Jul 2012
Who can Move Motions – Revisited – 29 Jun 2012
Who can Move Motions? – 15 Jun 2012
What Should Supplement a Constitution – 1 Jun 2012
Third Party Approval to Change Constitutions – 18 May 2012
Responsibilities of those in Governance (4 May 2012) – Updated 1 March 2018
Liability of Charitable Trustees (20 Apr 2012) – Updated 27 February 2018
Strategic Planning for Societies and Charities (6 Apr 2012) – Updated 2 February 2018
Personal Liability of those in Governance (23 Mar 2012) – Updated 2 February 2018
Charities Amendment Act – Be Alert (9 Mar 2012) – Updated 2 February 2018
Resolving Deadlocks in Societies and Charities (24 Feb 2012) – Updated 1 March 2018
Calling a General Meeting of a Society (3 Feb 2012) – Updated 13 October 2017
Revisiting Audits or Reviews of Accounts (18 Jan 2012) – Updated 2 February 2018
Peace and Goodwill to All Members – 16 Dec 2011
Proxies at Meetings (2 Dec 2011) – Updated 22 February 2018
Meeting Procedure (21 Oct 2011) – Updated 22 February 2018
Interpreting the Rules of a Society (7 Oct 2011) – Updated 21 February 2018
Protecting the Destiny of a Society (23 Sep 2011) – Updated 21 February 2018
Reforming the Not-for-Profits Statutes – Liquidation, Dissolution, Mergers and Transition – 9 Sep 2011
Reforming the Not-for-Profits Statutes – Legal Powers and Resolving Disputes – 26 Aug 2011
Reforming the Not-for-Profits Statutes – Governance Questions – 12 Aug 2011
Reforming the Not-for-Profits Statutes – Constitutional Questions – 29 Jul 2011
Reforming the Not-for-Profits Statutes – Fundamental Questions (15 Jul 2011) – Updated 16 October 2017
Whose Meeting is it Anyway? (1 Jul 2011) – Updated 26 October 2017
Charitable Gifts to Non-Charities (5 Jun 2011) – Updated 30 November 2017
Privacy of Society and Charity Records (3 Jun 2011) Updated 29 November 2017
The Quorum for Meetings (24 May 2011) – Updated 28 November 2017
Trouble at the Courts – Anyone for Tennis? (20 May 2011) – Updated 27 November 2017
Types of Society (21 Apr 2011) – Updated 27 November 2017
Moving the Charitable Goal Posts? – 11 Apr 2011
Winding up a Society of Charitable Trust (8 Apr 2011) – Updated 27 November 2017
Economic Development – Charitable? – 25 Mar 2011
Reforming Incorporated Society and Charitable Trust Law (25 Feb 2011) – Updated 18 January 2018
Registrar’s Dissolution of Societies and Charitable Trusts (11 Feb 2011) – Updated 18 January 2018
Audits or Review of Accounts (28 Jan 2011) – Updated 24 November 2017
They Made a Mistake (10 Dec 2010) – Updated 24 November 2017
We Made a Mistake (26 Nov 2010) – Updated 24 November 2017
Dealing with Dissidents (12 Nov 2010) – Updated 2 November 2017
Good Governance of a Society (29 Oct 2010) – Updated 1 November 2017
Are Rules Binding? (15 Oct 2010) – Updated 1 November 2017
What Should a Society’s Rules Cover? (1 Oct 2010) – Updated 13 Oct 2017
Why Incorporate? (17 Sep 2010) – Updated 13 Oct 2017
Poor Governance – Lessons from a Polytechnic (3 Sep 2010) – Updated 13 Oct 2017
As Common as Dirt (20 Aug 2010) – Updated 13 Oct 2017
Consultant Mark von Dadelszen
Mark von Dadelszen was a partner of the firm from 1972 to 2017, and became a Consultant in late 2017. In the early 1990’s he developed a specialty interest in the law and documents relating to “not-for-profit” organisations – community societies and charities. He regularly advises such organisations all over New Zealand, and is also frequently asked by other legal firms for specialist advice.
Mark is the author of two standard New Zealand texts, Society Law in New Zealand, and Members’ Meetings (both now in their 3rd editions), and is also the contributing author to New Zealand Forms and Precedents title Clubs and Societies. He has been writing regular articles on societies and charities since 2010, and these may be accessed here. Mark was a Law Commission Reference Group member (2011-2013), assisting the Commission in reviewing the Incorporated Societies Act 1908, and in February 2014 the Government adopted the Commission’s recommendations and a draft new Act should be introduced to Parliament in 2019 (he hopes!).
Mark has extensive practical experience in the governance of not-for-profits, having always been actively involved in the community, and as a committee member and chairman of numerous organisations over the years. He is also asked by community organisations and companies to chair meetings where an independent chairperson is sought who can control a potentially difficult or disorderly meeting.
This community service (for which he was awarded a Queen’s Service Medal in 2012) includes serving for 6 years on the former Havelock North Borough Council, for similar periods on both the local Chamber of Commerce Council and the former Hawke’s Bay Regional Development Council, being an active Toastmaster for some 25 years (including holding local club and regional offices and serving as national Secretary and District Governor, and writing a meeting procedure training script for Toastmasters International), chairing several choral organisations, and being President of the Hawke’s Bay Woodturners Guild (twice), of the National Association of Woodworkers Inc., and (since 2010) of the Prostate Cancer Foundation of New Zealand.
