All 24,000 incorporated societies will need to make changes to comply with the new Incorporated Societies Act 2022. What are the key changes that result in relation to number of members, disputes, conflicts and more? What will the process be to reregister and what are the time frames to do so? In this series of articles we will be providing key information to answer these and other questions with input from Steven Moe, Partner at Parry Field Lawyers and his colleague Sophie Tremewan 
Part 1: When will the new Act affect incorporated societies?
On the 5 April 2022, the Incorporated Societies Act 2022 (the “new Act”) received Royal Assent. This new Act is set to replace the Incorporated Societies Act 1908 (the “old Act”), which was well and truly in need of an upgrade.
The old Act currently remains in force, with the new Act coming into force in stages up until the transition date. Under clause 3 of schedule 1 of the new Act, the transition date is the later of 1 December 2025 and the date that is two and a half years after clause 4 comes into force. The Companies Office page on the law changes indicates the transition date will be April 2026.
As the old Act is still in force, an application for the incorporation of a new society must be made under the old Act until clause 4 of schedule 1 of the new Act commences. Under section 2 of the new Act, clause 4 will commence any time between now and 5th October 2023. Once new societies are able to incorporate under the new Act (which Companies Office guidance suggests will be in October 2023), all existing societies will need to reregister under the new Act.
Clause 2 of schedule 1 of the new Act explains the importance of existing societies reregistering under the new Act. If a society does not reregister under the new Act by the transition date, it will cease to exist and is removed from the register (but may be restored to the register under clause 12 of schedule 1 of the new Act).
Although there is still time before the new Act comes into force and societies are able to reregister, we are encouraging societies to begin discussing the changes in the new Act. One of the key components to the reregistration process is that societies will need to update their constitution to comply with the new Act. It will take societies time to consider the changes and agree on updating their constitution .
For more information we have an Information Hub that is updated regularly and includes articles, webinars, FAQ and other resources.
Steven is a partner at Parry Field Lawyers based in their commercial team and actively supporting clients across the country. He has 20 years’ experience practising in New Zealand, England, Australia and Japan and often helps start-ups, investors, tech companies, charities and purpose driven businesses. He has a focus on empowering impact and often helps clients get their legal structures right.
He published the book: “Social Enterprises in New Zealand: A Legal Handbook” and another called “Laying Foundations for Reimagining Business”. To educate and grow the impact ecosystem he hosts a weekly podcast “Seeds” www.theseeds.nz interviewing inspiring people with more than 310 interviews and more than 155,000 listens. He is also the host of Board Matters, a governance focussed podcast released by the Institute of Directors of New Zealand.
Steven is an Edmund Hillary Fellow and frequent writer for publications like Stuff and Spinoff. He grew up in Christchurch and graduated from Canterbury University. He currently holds a practising certificate for New Zealand but is also qualified in England & Wales and New South Wales. After 3 years working at a national law firm in Wellington, Steven spent 11 years overseas working for international law firm Norton Rose Fulbright in Tokyo (4 years), London (3 years) and Sydney (4 years) before returning to New Zealand at the start of 2016. He brings a unique perspective and proactive approach to issues faced by clients. He works with both New Zealand and international companies with a strong focus on those investing here.
Steven is currently on a few boards and has some other involvements, such as:
- Member of Charities Services Sector Group;
- Chair of Community Finance (recently raised $95 million for social housing);
- Member of XRB Advisory Panel;
- APAC Regional Chair for Global Alliance of Impact Lawyers;
- Facilitator for IOD legal portion of Company Director Course;
- Trustee of Whanau Whenua Whare Trust
Connect with Steven via email or LinkedIn 
Sophie works in our purpose driven team assisting many charities, for purpose organisations and companies. She works with Steven Moe on impact driven clients and enjoys doing meaningful work that helps clients such as assisting to review rules for Incorporated Societies, considering structure options or setting up charitable trusts. Sophie joined Parry Field Lawyers having graduated from the University of Canterbury with an LLB with first class Honours and BA with a double major in French and European & European Union Studies. Connect with Sophie via LinkedIn
