Rules
INFORMATION FOR MEMBERS REGARDING THE PROPOSED CONSTITUTION
Why do we need a new constitution?
A new Act for Incorporated Societies has been passed, and we must have passed a resolution to adopt a constitution that complies with the Act by 6 April 2026 to remain an Incorporated Society. If this is not done the Society will no longer be an Incorporated Society.
There are entity and liability implications on members, if we do not remain an incorporated society.
Why have we done a new constitution rather than amendments to the current?
It was assessed to be :
• easier to understand for the members (rather then so many amendments)
• easier to present what related to mandatory clauses (using notations)
• more efficient to prepare by following the structure of the new Act
What resources has the committee used in preparing the proposed constitution?
The resources used include:
• the constitution builder available through Incorporated Societies website
• Our current constitution
• Other information on the internet has been used - e.g. legal firms' guidance
• Information from other organisations that have been going through the process.
What process has the committee used in preparing the proposed constitution?
A draft was prepared and discussed at a special committee meeting and the DRAFT is what the committee recommends to be the new constitution.
Why is it different to the current constitution?
It includes new mandatory clauses that are legally required under the new Act.
The order of the clauses reflects the New Act.
What happens after the new constitution is accepted by members?
The constitution will be submitted to the Registrar of Incorporated Societies.
There will be a review completed to ensure that our Constitution complies with the legislation.
If it is deemed to comply then no further action is required.
If it does not comply then it could be a minor/ technical issue - e.g. have heard of noncompliance due to grammar and insufficient/incorrect details for the name of non-profit organization in relation to disposal of assets - or more than minor/technical.
What will the committee do if Constitution is judged "non-compliant"?
The committee will assess if it non -compliant due to technical/minor issue.
Action will be then taken as per section 9 of the constitution.
• If it is non-compliant due to technical / minor issues the committee will advise of proposed changes to members to get the constitution compliant.
• If the changes are more than technical/minor, then another Special General meeting will be called.
How do I understand the draft constitution?
There is notation on the DRAFT which will not be included in the document submitted.
This includes:
• the notation of if the clause is mandatory or optional.
• references to the sections of the current constitution
• comment as to reasoning where appropriate
Why are time frames included where we did not have any?
For some clauses, timeframes are required by the Act for example:
• Tenure of committee members - 10 years is the maximum under the Act. Note the Act provides for any time served as a casual member to be disregarded. Eg if there was a vacancy during the year and a person who had served 10 years came back on committee then that year would not be counted.Why have membership types been included in the Constitution?
Over the years there have been questions asked about the definition of "family membership." Also since the agreement between presidents of Wellington, Kapiti and the GAA, the committee thought it was a good idea to be clear regarding voting rights through member definition.
Why do committee members have to consent to be nominated?
This is a new mandatory requirement - see the template provided from the guidance resources on the Incorporated Societies website
Disposal of Assets
Our current constitution names the Federation as beneficiary which no longer exists.
The committee has proposed that any surplus funds on liquidation be split between two local Irish groups that meet the Act requirements on being a "not for profit" organisation or charity