Being a member

What it means to be a member

Being a member of an incorporated society means belonging to a registered, not-for-profit, separate legal entity — typically a club or community group — that exists independently of its members.

Consenting to be a member

When you join a society, you need to give consent to become a member. You cannot become a member by default. For example, simply because you live in a particular suburb or street.

You are not required to confirm your consent if you were a member of your society before it reregistered under the Incorporated Societies Act 2022 (2022 Act).

Giving your consent can be simple. Your society will decide how it wants to get and record consent. Some may have a formal process, while others may find it is enough for members to simply complete their membership application form or pay annual membership fees.

See some examples of what may or may not constitute consent

Example 1: Consent on behalf of a family

If you claim to represent your family, (for example, you have indicated that your family members want to join the society), then the society can rely on your declaration that your family consents to joining the society.

Example 2: Organisations as members

The consent of a body corporate, when applying to be a member of a society, can be given by an authorised person of that body corporate.

Example 3: Paying fees could indicate consent

What constitutes consent depends on what a particular society considers acceptable.

Example 4: Making donations does not necessarily indicate consent

• A society has a constitution which states that anyone who donates is considered a member of the society.
• You donate to the society, but it is not made clear to you that doing so would make you a member of the society.

You cannot be considered a member of the society because you were not made aware that donating would be considered as consenting to membership (the rule requiring consent was not met, as you weren’t informed and couldn’t give consent as it did not allow for your informed consent).

Example 5: Interest in joining does not necessarily indicate consent

• You email a society asking how you can join.
• The society does not respond but simply adds your name to the register of members and you soon begin receiving society emails and membership fee demands.

It is unlikely that your email enquiry would be sufficient to indicate your consent to joining, and so you cannot be considered a member of the society.

• As a result, you are not required to pay the membership fees.

Example 6: Application to join to indicate consent

• On the website of a society, there is a 'Join our society' section where the terms of membership (for example, fees) are clearly stated.
• You go to the society's website and fill out the 'Join our society' section and agree to the membership terms (maybe by selecting a tick box).

You have clearly indicated your willingness to join the society and can therefore be considered a member.

Why the constitution is important for members

When you join a society, you agree to follow the rules set out in its constitution. Your society’s constitution is an important legal document that sets out its purposes, what it does and how it operates. This includes:

• how members join the society and how their membership ends, and
• the procedures for handling disputes.

Your society must submit its constitution and any subsequent amendments with us. We register it on the Incorporated Societies Register and you can view it free of charge.

You must let the society know if your details change

You must notify your society if you change your name or your contact details. The society can then update its register of members.

What a register of members is

Your society must keep a register of its members. This lists details for current and former members, including:

• The name of each member – both current and former members.
• The last known contact details of each current member.
• The date they became a member (if there is no record of the date a member joined, they can state ‘Unknown’).
• For former members within the last 7 years, the date that they ceased to be a member.

You can request information held by your society

As a member you can make a request in writing for information your society holds. Your request needs to set out enough information for your society to identify the information requested.

Within a reasonable time after receiving the request your society needs to either:

• provide the information, or
• agree to provide the information within a set timeframe, or
• agree to provide the information within a set timeframe — if you pay a reasonable fee to your society to meet the cost of providing the information. The fee needs to be specified and explained, or
• provide a reason for refusing to provide the requested information.

You can withdraw your request for information. You can either notify your society that you want to withdraw your request, or you can fail to pay the fee within 10 working days.

Your society can refuse to provide the requested information in certain instances. The grounds for refusal are set out in Section 81 of the 2022 Act.

Nothing in sections 80 to 82 of the 2022 Act limits information privacy principle 6 of the Privacy Act 2020, which states that people have a right to ask for access to their own personal information.

A society cannot operate for the financial gain of its members

A society’s purpose cannot be to make a profit with the intention of distributing it to its members.

Being a member of a society does not mean that you are entitled to or have an interest in the society’s property. 

When members could be held responsible for society debts

Members are not usually personally responsible for the society’s debts or other obligations, but there are exceptions.

Every member involved could be held personally liable, if:  

• they have undertaken activities to obtain money for profit that personally benefits those members.
• they have undertaken unlawful activities.

Other guides in

Running your incorporated society

• Your responsibilities as an incorporated society
• Your society's constitution
• Restrictions on money-making activities
• Dispute resolution procedures are mandatory
• Committees and officers
• Holding meetings
• Entering into contracts
• Records you should keep

Other help topics