October 6, 2025 • 9 mins
Tori Tremaine of Bannerman Cruickshank Pryde looks at changes to Incorporated Societies which are due to occur over the next six months.
See omnystudio.com/listener for privacy information.
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:11):
This is the muster on Hakanui Tory, Tremaine of Bannerman
Crooksheng Pride. The lawyers joins us next Tory, good afternoon,
how are you.
Speaker 2 (00:19):
I'm very good? Thank you, Andy, how are you well?
Speaker 1 (00:22):
A little bit of big yellow will be appreciated. But
the forecaster give the glass half full approach. Is looking
better for the next three or four days.
Speaker 2 (00:30):
Yes, it'll be good to see the sun. The outer
game gets vitamin. It's certainly makes a difference to everybody
when you can get out on Tory.
Speaker 1 (00:38):
We're talking today about a topic we've talked about previously,
but nonetheless it is so relevant and hopefully a lot
of groups aren't going to get caught out around this.
It's around changes to incorporated societies. Now, I watched The
Castle on TV, one of the best movies ever made
in my opinion, and Dennis Denuto the lawyers, said, it's
the vibe as the constitution, it's the law. But there's
(01:00):
so much more that needs to go into this regarding
incorporated societies and what you need to realize.
Speaker 2 (01:06):
Yes, that's right, in certainly is the castle has been
closed many a times in history. But in terms of
constitutions for incorporated societies. As you've alluded to, there has
been some real changes or some legislation changes around that,
and essentially there's a whole new piece of legislation that
(01:29):
now covers incorporated societies and what they have to do.
And one of the new parts of that that has
been brought in is all incorporated societies need to reregister
on the incorporated societies registered before the fIF of April
twenty twenty six. And as we all know, that date
(01:51):
will roll around fairly quickly because we're already heading towards
mid October, so that doesn't give us much time when
we look at the Christmas dates from there in holiday times.
So yeah, the I guess major change there is that
people need to look at the constitutions that any societies
(02:12):
that they are part of, which can be sports clubs,
any sort of legal entity really that owns propertied like
in terms of it there has a membership, probably has
a constitution and that needs to be reviewed. In one
times out of ten or nineteen nine percent of the
case will need to be updated because there are some
(02:34):
rules that have come in that new constitutions need to include,
and historically constitutions that already won't cover those.
Speaker 1 (02:45):
Rules, so why are these changes occurring.
Speaker 2 (02:50):
So the changes have occurred because the historical incorporated societies
at was created back in nineteen eight, so that's quite
some time ago now, and the rules need to change
really in terms of how incorporated societies operate. There are
a lot more sophisticated incorporated societies out there now who
(03:12):
are in business, own significant assets, and people who are
in charge of those incorporated societies need to I guess
the government has identified that those people need to be
not how to count essentially, but subject to some more
duties and some more clear rules around how those assets
(03:37):
are managed on behalf of the members of their society.
So just really some more accountability and to bring the
old laws up to date with I guess new more
modern practices that people engage in these days.
Speaker 1 (03:50):
Straight off the caffe sport organizations are the ones who
are most likely to be caught out around This is
a message in getting out there that they didn't need
to go through and go over their comment institution.
Speaker 2 (04:02):
I think so, but I do think it's a little
bit head a mess because we have had a fair
number of organizations come to us asking for us to
review update help them out with the process. And obviously
the message has got through to those groups. But then
there are other groups that you speak to and they
(04:23):
just haven't got much of an idea about what they
need to do, when they need to do it by,
or how they would even go about it. It sort
of a don't know where to start, so I'm not
going to start situation. But unfortunately, when the system of
April rolls around next year, if you haven't reregistered under
the new actors a new or updated constitution you'll incorporate,
(04:45):
a society won't exist as a legal entity anymore. So
it's if there will be a process I guess after
the fact to be able to resolve that issue. But
obviously that's not ideal because it's probably going to add
some time pressure and probably more cost to things and
more stress to your committee at that time. So yeah,
(05:07):
I think the majority of groups and organizations have understood that,
but there are the odd odd ones that don't necessarily
know or they don't know where to start. So that's
the issue I guess to get that we want to bridge.
Speaker 1 (05:22):
Yeah, that was my next question, Tory, just how complicated
is it to go over the constitution.
Speaker 2 (05:27):
It's not necessarily that complicated. I think there's a lot
of information out there online that you can find, and
I do think that that possibly does people feel like
it's a complicated process. We have had. Yeah, as I've
said already in this chat, some groups that have already
come across a desk with updating their constitutions, and sometimes
(05:52):
it's just a matter of flotting a few extra clauses
into an already existing constitution because it's already pretty good,
modern and in line with what the new laws say.
On the other hands, there are some other societies out
there that have had the same constitution, maybe with a
couple of amendments over the years, that could be a
(06:15):
good forty fifty years old. Those are the ones that
are probably taking where they are taking a bit more
effort to I guess they're a bit of a rewrite
and an update because there are some modern practices that
need to be pulled in there as well, just to
make it more consistent with what's actually happening on the
ground when people are having their meetings and making decisions
(06:38):
on behalf of their members. So it's not too complicated,
but there are some new I guess terms that people
need to become familiar with that the new law has
sort of introduced, and that's probably there's some information around
conflicts of interests and officers and committee members and yeah,
(07:00):
a little bit of new terminology in there, which people
probably do need to get their heads around, because the
law refers to all of that now, and therefore constitutions
are more likely than not going to refer to that
new terminology.
Speaker 1 (07:12):
As well, because worst case scenario, a liquid data comes
into play if it hasn't been resolved, and as well
actually being dissolved as an organization as well. So there
are ramifications, yes, absolutely so.
Speaker 2 (07:26):
A classic example would be if a society doesn't reregister
the vehicle next year but owns a piece of land
somewhere that the achounism investment or for whatever purpose that
aligns with the objects of their society, there'll essentially be
no legal owner of that land anymore, and it's a
bit of a process to society registered on there so
(07:51):
that that piece of lengths can be dealt with in
the way that it needs to without it essentially becoming
part of I guess unclaimed properly. That things up ultimately
back with the government. So yeah, when you're a part
of a society of one of your main duties really
is to be, you know, managing the Essex on behalf
of the members to the befit of the society. So
(08:15):
if you don't go through the process of uploading your
procution and reregistering, you're you're not really meeting your obligations.
Has been one of the officers to use the new
terminology of the society, so there can be there will
be similiplications if them societies don't take the steps they
(08:36):
need to soon rather than later to reregister.
Speaker 1 (08:38):
So Torri, if somebody needs to get in touch with
Benamin crukshinc Benamin Croukshing Pride, talk about incorporated societies, how
do they get in touch you sure.
Speaker 2 (08:47):
They think of my South for Paul Office numb years
three two o nine, one eight three.
Speaker 1 (08:54):
Good on your Tory, you always got to catch up.
Speaker 2 (08:56):
Great think dnd.
Speaker 1 (09:02):
Tory Tremaine of Bataman Crooksheng Pride to the lawyers. You
don't need any excuses to quote the Castle Dennis de
Muto as the Vibe as the constitution. It's Marbo brilliant movie.
We carry on. Grant is us McMaster, A close per
in station. We chat next, I can't tell
This is the muster on Hakanui Tory, Tremaine of Bannerman
Crooksheng Pride. The lawyers joins us next Tory, good afternoon,
how are you.
Speaker 2 (00:19):
I'm very good? Thank you, Andy, how are you well?
Speaker 1 (00:22):
A little bit of big yellow will be appreciated. But
the forecaster give the glass half full approach. Is looking
better for the next three or four days.
Speaker 2 (00:30):
Yes, it'll be good to see the sun. The outer
game gets vitamin. It's certainly makes a difference to everybody
when you can get out on Tory.
Speaker 1 (00:38):
We're talking today about a topic we've talked about previously,
but nonetheless it is so relevant and hopefully a lot
of groups aren't going to get caught out around this.
It's around changes to incorporated societies. Now, I watched The
Castle on TV, one of the best movies ever made
in my opinion, and Dennis Denuto the lawyers, said, it's
the vibe as the constitution, it's the law. But there's
(01:00):
so much more that needs to go into this regarding
incorporated societies and what you need to realize.
Speaker 2 (01:06):
Yes, that's right, in certainly is the castle has been
closed many a times in history. But in terms of
constitutions for incorporated societies. As you've alluded to, there has
been some real changes or some legislation changes around that,
and essentially there's a whole new piece of legislation that
(01:29):
now covers incorporated societies and what they have to do.
And one of the new parts of that that has
been brought in is all incorporated societies need to reregister
on the incorporated societies registered before the fIF of April
twenty twenty six. And as we all know, that date
(01:51):
will roll around fairly quickly because we're already heading towards
mid October, so that doesn't give us much time when
we look at the Christmas dates from there in holiday times.
So yeah, the I guess major change there is that
people need to look at the constitutions that any societies
(02:12):
that they are part of, which can be sports clubs,
any sort of legal entity really that owns propertied like
in terms of it there has a membership, probably has
a constitution and that needs to be reviewed. In one
times out of ten or nineteen nine percent of the
case will need to be updated because there are some
(02:34):
rules that have come in that new constitutions need to include,
and historically constitutions that already won't cover those.
Speaker 1 (02:45):
Rules, so why are these changes occurring.
Speaker 2 (02:50):
So the changes have occurred because the historical incorporated societies
at was created back in nineteen eight, so that's quite
some time ago now, and the rules need to change
really in terms of how incorporated societies operate. There are
a lot more sophisticated incorporated societies out there now who
(03:12):
are in business, own significant assets, and people who are
in charge of those incorporated societies need to I guess
the government has identified that those people need to be
not how to count essentially, but subject to some more
duties and some more clear rules around how those assets
(03:37):
are managed on behalf of the members of their society.
So just really some more accountability and to bring the
old laws up to date with I guess new more
modern practices that people engage in these days.
Speaker 1 (03:50):
Straight off the caffe sport organizations are the ones who
are most likely to be caught out around This is
a message in getting out there that they didn't need
to go through and go over their comment institution.
Speaker 2 (04:02):
I think so, but I do think it's a little
bit head a mess because we have had a fair
number of organizations come to us asking for us to
review update help them out with the process. And obviously
the message has got through to those groups. But then
there are other groups that you speak to and they
(04:23):
just haven't got much of an idea about what they
need to do, when they need to do it by,
or how they would even go about it. It sort
of a don't know where to start, so I'm not
going to start situation. But unfortunately, when the system of
April rolls around next year, if you haven't reregistered under
the new actors a new or updated constitution you'll incorporate,
(04:45):
a society won't exist as a legal entity anymore. So
it's if there will be a process I guess after
the fact to be able to resolve that issue. But
obviously that's not ideal because it's probably going to add
some time pressure and probably more cost to things and
more stress to your committee at that time. So yeah,
(05:07):
I think the majority of groups and organizations have understood that,
but there are the odd odd ones that don't necessarily
know or they don't know where to start. So that's
the issue I guess to get that we want to bridge.
Speaker 1 (05:22):
Yeah, that was my next question, Tory, just how complicated
is it to go over the constitution.
Speaker 2 (05:27):
It's not necessarily that complicated. I think there's a lot
of information out there online that you can find, and
I do think that that possibly does people feel like
it's a complicated process. We have had. Yeah, as I've
said already in this chat, some groups that have already
come across a desk with updating their constitutions, and sometimes
(05:52):
it's just a matter of flotting a few extra clauses
into an already existing constitution because it's already pretty good,
modern and in line with what the new laws say.
On the other hands, there are some other societies out
there that have had the same constitution, maybe with a
couple of amendments over the years, that could be a
(06:15):
good forty fifty years old. Those are the ones that
are probably taking where they are taking a bit more
effort to I guess they're a bit of a rewrite
and an update because there are some modern practices that
need to be pulled in there as well, just to
make it more consistent with what's actually happening on the
ground when people are having their meetings and making decisions
(06:38):
on behalf of their members. So it's not too complicated,
but there are some new I guess terms that people
need to become familiar with that the new law has
sort of introduced, and that's probably there's some information around
conflicts of interests and officers and committee members and yeah,
(07:00):
a little bit of new terminology in there, which people
probably do need to get their heads around, because the
law refers to all of that now, and therefore constitutions
are more likely than not going to refer to that
new terminology.
Speaker 1 (07:12):
As well, because worst case scenario, a liquid data comes
into play if it hasn't been resolved, and as well
actually being dissolved as an organization as well. So there
are ramifications, yes, absolutely so.
Speaker 2 (07:26):
A classic example would be if a society doesn't reregister
the vehicle next year but owns a piece of land
somewhere that the achounism investment or for whatever purpose that
aligns with the objects of their society, there'll essentially be
no legal owner of that land anymore, and it's a
bit of a process to society registered on there so
(07:51):
that that piece of lengths can be dealt with in
the way that it needs to without it essentially becoming
part of I guess unclaimed properly. That things up ultimately
back with the government. So yeah, when you're a part
of a society of one of your main duties really
is to be, you know, managing the Essex on behalf
of the members to the befit of the society. So
(08:15):
if you don't go through the process of uploading your
procution and reregistering, you're you're not really meeting your obligations.
Has been one of the officers to use the new
terminology of the society, so there can be there will
be similiplications if them societies don't take the steps they
(08:36):
need to soon rather than later to reregister.
Speaker 1 (08:38):
So Torri, if somebody needs to get in touch with
Benamin crukshinc Benamin Croukshing Pride, talk about incorporated societies, how
do they get in touch you sure.
Speaker 2 (08:47):
They think of my South for Paul Office numb years
three two o nine, one eight three.
Speaker 1 (08:54):
Good on your Tory, you always got to catch up.
Speaker 2 (08:56):
Great think dnd.
Speaker 1 (09:02):
Tory Tremaine of Bataman Crooksheng Pride to the lawyers. You
don't need any excuses to quote the Castle Dennis de
Muto as the Vibe as the constitution. It's Marbo brilliant movie.
We carry on. Grant is us McMaster, A close per
in station. We chat next, I can't tell
Popular Podcasts
CrimeLess: Hillbilly Heist
It’s 1996 in rural North Carolina, and an oddball crew makes history when they pull off America’s third largest cash heist. But it’s all downhill from there. Join host Johnny Knoxville as he unspools a wild and woolly tale about a group of regular ‘ol folks who risked it all for a chance at a better life. CrimeLess: Hillbilly Heist answers the question: what would you do with 17.3 million dollars? The answer includes diamond rings, mansions, velvet Elvis paintings, plus a run for the border, murder-for-hire-plots, and FBI busts.
Crime Junkie
Does hearing about a true crime case always leave you scouring the internet for the truth behind the story? Dive into your next mystery with Crime Junkie. Every Monday, join your host Ashley Flowers as she unravels all the details of infamous and underreported true crime cases with her best friend Brit Prawat. From cold cases to missing persons and heroes in our community who seek justice, Crime Junkie is your destination for theories and stories you won’t hear anywhere else. Whether you're a seasoned true crime enthusiast or new to the genre, you'll find yourself on the edge of your seat awaiting a new episode every Monday. If you can never get enough true crime... Congratulations, you’ve found your people. Follow to join a community of Crime Junkies! Crime Junkie is presented by audiochuck Media Company.
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.