Introduction

Background

1. The new Incorporated Societies Act 2022 (the 2022 Act) was passed in April 2022. It fully comes into force on 5 October 2023.23.

2. The 2022 Act replaces the Incorporated Societies Act 1908 (the 1908 Act). Societies incorporated under the 1908 Act will have two and a half years from 5 October 2023 to reregister under the 2022 Act. If they do not reregister within that timeframe, they will be removed from the register.

3. In order for the 2022 Act to function as intended, regulations must be made setting out (among other matters) administrative and procedural matters concerning registration and reregistration of incorporated societies.

4. We consulted on proposals for these regulations in October and November 2022. Following consideration of the 72 submissions received, we provided advice to Ministers on the content of the regulations. Cabinet made policy decisions on what the regulations should provide for in May 2023. The paper that went to Cabinet, along with all the submissions we received, will be available on the MBIE website:

Incorporated Societies Act review

5. An exposure draft of the Incorporated Societies Regulations 2023 (the regulations) has now been prepared.

What does this consultation paper do?

6. We are consulting on:

  • The regulations – We seek your feedback on whether the drafting is clear, and if there are any technical issues that may affect their workability and effectiveness.
  • Proposed initial fees - We seek your feedback on whether you support our proposal to roll over registration and restoration fees from the 1908 Act. These fees will be in place while a review of all Companies Office fees and levies takes place.

Process and timeline

7. Consultation is open until 5.00 pm on 24 July 2023. Following analysis of the submissions, the regulations will be revised based on the feedback we receive. Then the final regulations will be considered by Cabinet. The new regulations will be Gazetted at least 28 days before they come into force on 5 October 2023.