New legislation for incorporated societies

There are two Acts, which one applies to your society?

Until 5 April 2026 there are two Acts in force — which one applies to your society depends on which Act it’s registered under.

The 2022 Act applies if your society —

• registered for the first time on or after 5 October 2023, or
• registered before 5 October 2023 and has reregistered since then.

The Incorporated Societies Act 1908 (1908 Act) applies if your society —

• registered before 5 October 2023, and
• has not yet reregistered.

If you’re not sure which Act applies you can check by searching the Incorporated Societies Register for free.

Existing societies must reregister

If your society wants to continue operating as an incorporated society it must reregister under the 2022 Act before April 2026. You should understand what it means to reregister and what happens if your society doesn’t reregister.

There are a few things your society will need to do before it reregisters, such as preparing some documents and possibly adopting some new processes to comply with the 2022 Act.

For example, under the 2022 Act, your society will need to —

• provide a constitution that’s compliant with the 2022 Act.
• include appropriate dispute resolution procedures in its constitution.
• have a committee that’s responsible for managing the operation and affairs of the society.
• have at least 10 members.
• provide at least one person’s contact details (these details will be used by the Registrar to contact the society).

Until your society reregisters it must operate under and comply with the 1908 Act.

What happens to your society if it doesn’t reregister

If your society doesn’t reregister before 5 April 2026, it will cease to exist. This means it would no longer be an incorporated society which has the following implications:

• This removes your right to make decisions on behalf of your society, such as, deciding what happens to any assets it owns. The Registrar could direct how to distribute them instead.
• This takes away the separate legal identity your society previously had. This means members could be held personally liable for debts or obligations (such as leases) owed by the society. Similarly, your society could not sign any new contracts in its name.
• The name your society used will no longer have any protection – another group could incorporate using the same name.

New societies register under the 2022 Act

If you’re a new society wanting to register for the first time, you can only register under the 2022 Act.

When you set up an incorporated society, you’re creating a separate legal entity. An incorporated society can do many of the same things as an individual — hold property in its own name, enter into contracts, and sue and be sued.

All societies incorporated in New Zealand have the same basic elements:

• a society name
• at least 10 members
• a governing body (a committee with at least 3 officers)
• a constitution
• contact addresses.

Society-based charitable trust boards can reregister as an incorporated society

Society-based charitable trust boards – those incorporated under the Charitable Trusts Act 1957 — can now choose to reregister under the 2022 Act or remain registered under the Charitable Trusts Act 1957.

If your organisation chooses to reregister it would change entity type —

• from a charitable trust board
• to an incorporated society. 

You may need to seek expert advice from your lawyer, accountant or other professional to help you decide which organisational structure best suits your needs.

• If you decide to reregister, you can apply any time
• If you decide not to reregister, your trust board will remain on the Charitable Trusts Register. You will be able to continue operating as you do now.

Our website is your go-to

We have help guides on our website with information about the 2022 Act. We also have a ‘Law Changes Hub’ with information about the new legislation and its impact on societies.

Published 5 October 2023, last updated 20 February 2025

Other guides in

Getting started on the register

• About incorporated societies
• Your responsibilities as an incorporated society
• How to use our services
• Uploading documents to the Incorporated Societies Register
• Setting up your online services account
• Using the online dashboard
• Confirming your authority to manage information

Other help topics