ࡱ> MOL &bjbjVV .:<<U+UUUUUiii8,$i5ty5{5{5{5{5{5{5J79{5U{5UU5jjjFUUy5jy5jj61K42}yi>2e55052:R:8K4K4&:Uq4j{5{5*@5: :  NEW ZEALAND COUNCIL OF SOCIAL SERVICES Submission Review of the Incorporated Societies Act 1908 Law Commission PO Box 2590 Wellington 6011 DX SP 23534 incsocs@lawcom.govt.nz 16 September 2011 Dear Sir or Madam, Submission on the Review of the Incorporated societies Act 1908 by the New Zealand Council of Social Services The New Zealand Council of Social Services is the national office or umbrella organisation for non-profit networking organisations provincially based. We are a national organisation, a communication agent, a partner with our members, a connector with our members and hopefully a catalyst for change. We provide our members with the opportunity to have their voice heard in the national arena. We have 52 network members across the country, and taking into account their provincial members we believe we may reach up to 10,000 organisations. We make this submission following a national survey of our members. Our contact person is our Executive Director, Ms Ros Rice, ph 04 4723364,  HYPERLINK "mailto:nzcoss@nzcoss.org.nz" nzcoss@nzcoss.org.nz; home address 60c Haumia street, Johnsonville, Wellington 6037. We have addressed five primary questions as highlighted within the Issues Paper. Should all Societies as a condition of incorporation be subject to certain minimum governance rules that they cannot vary? Should a new Act provide a code that makes the obligations of committee members clearer? How should The Act provide for the resolution of disputes between members and their societies? What rules ought societies be required to have in their constitution and what should be the nature of those rules? The Commission also considers whether a new Incorporated Societies Act should also replace the ability to incorporate under the Charitable Trusts Act. What are our thoughts on that? Should all Societies as a condition of incorporation be subject to certain minimum governance rules that they cannot vary? The opinion of our members is very clear. The large majority of them consider that minimum governance rules are a fundamental safety mechanism that will allow societies to function with a degree of uniformity and would aid transparency. That being said, the provisos are that the rules should few, and be basic. It was also clear that these rules need to based in the context of community organisations and not simply lifted from business models. Should a new Act provide a code that makes the obligations of committee members clearer? This question brought up the issue of governance which is a major matter of discussion in the non profit sector. Questions asked in response to the survey brought up the difference between obligations as required by law, and simply good practice. Examples of experiences of organisations varied from not recording resolutions in the minutes to violations of sound governance and ethical practices. Overwhelmingly the opinion was that this is a good idea; however there were concerns and suggestions. These included: That care that would need to be taken not to frighten off anyone who has considered taking a role as a committee member. The possibility of guidelines for obligations of committee members being published as an adjunct to the Act. The need for education of committee members to understand such guidelines. One respondent believed that these obligations were the responsibility of individual societies to formulate. How should The Act provide for the resolution of disputes between members and their Societies? This question generated a lot discussion, but overall the impression left is a preference for a more hands-off set of guidelines. Members thought that the best way to provide for resolution of disputes to ensure that there is a requirement for a complaints procedure to be included in the constitution. There was a strong feeling that dispute resolution requires good facilitation with legal resolution being the last resort. Suggestions about how this issue could be considered included: Complaints resolution in constitution. A process of impeachment or removal of officials in the constitution. An exemplar of disputes resolution should be produced by the Law Commission. It should be mandatory that fraud and theft is reported to Police. Suggestion that a disputes adjudicator (similar to the role taken by the small claims tribunal) is set up, whose decisions are final. Suggestion that large Incorporated Societies are heard by a retired judge with sufficient statutory powers to intervene. What rules ought Societies be required to have in their constitution and what should be the nature of those rules? This question generated a lot of response which I will try to prcis. There was general agreement on the main rules are listed below. Governance and appointment of officers. Voting procedures Annual Accounts and audit requirements Dispute resolution Filing of annual report Procedures developed for the dissolution of Societies and the disposal of assets The powers of the executive and how they operate Mission and/or objects of the Society. However other suggestions were made and I have noted some here. Roles and responsibilities of committee members AGM time frame Fiscal Responsibility Parameters within a Society may function, and membership parameters Disclosure of financial matters elections Two important points were made that need to put. One being that all societies should have to follow the basic rules of human dignity, and the other that maybe there should be a minimum standard set in the Act of what rules are required, that cannot be contracted out of. There has been discussion re issues such as whether anyone with a criminal conviction should be able to stand for a committee, and if there is need for stipulations regarding this to be in the Act. Generally it was thought that criteria for membership of a governing committee should include fair and just considerations related to previous criminal convictions in order to both reduce risk to the organisation and to be fair to prospective committee members The consideration about annual reporting was also thought about. There are now several different expectations of annual reporting, for example : The Charities Commission requires one and this expectation from the Act might mean even more sectors of government asking for the same thing. Our thoughts on this have come to needing a set of rules that ensure an annual reporting compliance taking into consideration the number and range of official bodies requiring annual reports. The Commission also considers whether a new Incorporated Societies Act should also replace the ability to incorporate under the Charitable Trusts Act. What are your thoughts on that? Responses to this were equally divided. Those that thought there should be two options, both the Incorporated Societies Ace and the Charitable Trusts Act also commented on how this would work if there was more clarity about the purpose of Trusts and purpose of Societies. There was general agreement that people were wary of legislation on this, and concern that the cumbersome nature of Societies, shouldnt apply to Trusts. On the other hand, there was a feeling that there is room for creative misuse if there are both options in place. Comment was made that there was a need to look at protection of committee members who were not paid as board members. The yes people were very clear that this should only happen with appropriate checks and balances were in place, and that whatever structure (s) were in place that they do not affect charitable registration and were regulated and monitored regularly. Yours sincerely Ros Rice, Executive Director, New Zealand Council of Social Services      PAGE \* MERGEFORMAT 4 -./:;<ij & 2 N R ] o  ռիͣ͛͛Փjh_UmH sH hmH sH hc2mH sH h_mH sH h]mH sH hv)mH sH h2>*mH sH hj7>*mH sH hE|rmH sH h2mH sH hj7mH sH hj7hj7mH sH hj7CJ aJ mH sH hEtCJ aJ mH sH ../jyM N ! o ~  $d^a$gd_$a$gdj7$a$gd]$a$gdj7 % ' ( < = L ] _ k m | } ~  K -.mnvkZLh^Kh0J5>*CJ\aJ!h^Khh]0J5>*CJ\aJh0JCJ\aJh]0JCJ\aJ!hv)h0J5>*CJ\aJh0J5CJ\aJh_h_0J5CJ\aJh_0J5CJ\aJh6U%mH sH hj7mH sH hc2mH sH hWh_0JmH sH jh_UmH sH h_mH sH h_h_mH sH  L w.nKtu & F dxgdtl dxgdtl & F"dx^"`gdtl Sd^Sgdtl & Fdgd^Kh Sd^Sgd & Fdgd & Fdgd_KCdsuDEz012ͿͿʹʹۛېtf[Ph]0JCJ\aJhA=0JCJ\aJhhe60JCJ\aJhe6he60JCJ\aJhe60J5>*CJ\aJhY0JCJ\aJhUoE0JCJ\aJhtl0J5>*CJ\aJhtl0JCJ\aJhtlh^Kh0JCJ\aJh^Khh^Kh0JCJ\aJh~0JCJ\aJh^Kh0JCJ\aJh]0J5>*CJ\aJ.{D1.!! dd[$\$gd < dxgd < .dx^.gdA= & F dxgdA= dx^gde6 & F dxgde6 & F dxgd~ dx^gdtl !8!I!!!j"k"""%%%&&&вf^VNFhK|.mH sH h_mH sH hqEmH sH hJCmH sH >h.N0J5B*CJOJQJ\^JaJfHph333q h_CJaJh.NCJaJhe6hB0JCJ\aJhB0J5>*CJ\aJh <h <0JCJ\aJh `CJaJh <CJaJh <h <CJaJh <0JCJ\aJhA=0JCJ\aJhA=hA=0JCJ\aJ!k""$%%&&U&W&X&Z&[&]&^&`&a&}&~&&&&$a$gd_$a$gdj7 $a$gdtl$d^a$gdtl & F dxgdB&&:&T&U&V&X&Y&[&\&^&_&a&b&y&z&{&|&&&&h.NmHnHuh `jh `UhMjhMUhj7h^XmH sH h_mH sH h^XmH sH ,1h. A!"#$% ^ 02 0@P`p2( 0@P`p 0@P`p 0@P`p 0@P`p 0@P`p 0@P`p8XV~_HmH nH sH tH @`@ NormalCJ_HaJmH sH tH DA`D Default Paragraph FontRiR  Table Normal4 l4a (k (No List 6U@6 c2 Hyperlink >*B*ph.O. _ notranslate8O8 _apple-style-span4"4 _Header  B#B1B _ Header CharCJaJmH sH tH 4 @B4 _0Footer  B#BQB _0 Footer CharCJaJmH sH tH PK![Content_Types].xmlj0Eжr(΢Iw},-j4 wP-t#bΙ{UTU^hd}㨫)*1P' ^W0)T9<l#$yi};~@(Hu* Dנz/0ǰ $ X3aZ,D0j~3߶b~i>3\`?/[G\!-Rk.sԻ..a濭?PK!֧6 _rels/.relsj0 }Q%v/C/}(h"O = C?hv=Ʌ%[xp{۵_Pѣ<1H0ORBdJE4b$q_6LR7`0̞O,En7Lib/SeеPK!kytheme/theme/themeManager.xml M @}w7c(EbˮCAǠҟ7՛K Y, e.|,H,lxɴIsQ}#Ր ֵ+!,^$j=GW)E+& 8PK!Ptheme/theme/theme1.xmlYOo6w toc'vuر-MniP@I}úama[إ4:lЯGRX^6؊>$ !)O^rC$y@/yH*񄴽)޵߻UDb`}"qۋJחX^)I`nEp)liV[]1M<OP6r=zgbIguSebORD۫qu gZo~ٺlAplxpT0+[}`jzAV2Fi@qv֬5\|ʜ̭NleXdsjcs7f W+Ն7`g ȘJj|h(KD- dXiJ؇(x$( :;˹! I_TS 1?E??ZBΪmU/?~xY'y5g&΋/ɋ>GMGeD3Vq%'#q$8K)fw9:ĵ x}rxwr:\TZaG*y8IjbRc|XŻǿI u3KGnD1NIBs RuK>V.EL+M2#'fi ~V vl{u8zH *:(W☕ ~JTe\O*tHGHY}KNP*ݾ˦TѼ9/#A7qZ$*c?qUnwN%Oi4 =3ڗP 1Pm \\9Mؓ2aD];Yt\[x]}Wr|]g- eW )6-rCSj id DЇAΜIqbJ#x꺃 6k#ASh&ʌt(Q%p%m&]caSl=X\P1Mh9MVdDAaVB[݈fJíP|8 քAV^f Hn- "d>znNJ ة>b&2vKyϼD:,AGm\nziÙ.uχYC6OMf3or$5NHT[XF64T,ќM0E)`#5XY`פ;%1U٥m;R>QD DcpU'&LE/pm%]8firS4d 7y\`JnίI R3U~7+׸#m qBiDi*L69mY&iHE=(K&N!V.KeLDĕ{D vEꦚdeNƟe(MN9ߜR6&3(a/DUz<{ˊYȳV)9Z[4^n5!J?Q3eBoCM m<.vpIYfZY_p[=al-Y}Nc͙ŋ4vfavl'SA8|*u{-ߟ0%M07%<ҍPK! ѐ'theme/theme/_rels/themeManager.xml.relsM 0wooӺ&݈Э5 6?$Q ,.aic21h:qm@RN;d`o7gK(M&$R(.1r'JЊT8V"AȻHu}|$b{P8g/]QAsم(#L[PK-![Content_Types].xmlPK-!֧6 +_rels/.relsPK-!kytheme/theme/themeManager.xmlPK-!Ptheme/theme/theme1.xmlPK-! ѐ' theme/theme/_rels/themeManager.xml.relsPK]  :  ***- && !&'<X $&-!8@0(  B S  ?UWXZ[]^`a!&!  W`UWXZ[]^`a333333  efkTUa|  efk: pb«`}) ~vw-86f/Db)2 ;}P6r5DKCBP TBN0e c'*Qe"d/Atzr .^.`o(hH. ^`hH. L^`LhH.  ^ `hH.  ^ `hH. SL^S`LhH. #^#`hH. ^`hH. L^`LhH.h^`OJQJo(hHhf^f`OJQJ^Jo(hHoh6 ^6 `OJQJo(hHh^`OJQJo(hHh^`OJQJ^Jo(hHoh^`OJQJo(hHhv^v`OJQJo(hHhF^F`OJQJ^Jo(hHoh^`OJQJo(hHh ^`hH.h p^p`hH.h @ L^@ `LhH.h ^`hH.h ^`hH.h L^`LhH.h ^`hH.h P^P`hH.h  L^ `LhH. ^`o(hH. ^`hH. pL^p`LhH. @ ^@ `hH. ^`hH. L^`LhH. ^`hH. ^`hH. PL^P`LhH. ^`o(hH. ^`hH. pL^p`LhH. @ ^@ `hH. ^`hH. L^`LhH. ^`hH. ^`hH. PL^P`LhH.h#^#`OJQJo(hHh^`OJQJ^Jo(hHoh ^ `OJQJo(hHh^`OJQJo(hHhc^c`OJQJ^Jo(hHoh3^3`OJQJo(hHh^`OJQJo(hHh^`OJQJ^Jo(hHoh^`OJQJo(hHh ^`hH.h p^p`hH.h @ L^@ `LhH.h ^`hH.h ^`hH.h L^`LhH.h ^`hH.h P^P`hH.h  L^ `LhH.^`o(. ^`hH. pL^p`LhH. @ ^@ `hH. ^`hH. L^`LhH. ^`hH. ^`hH. PL^P`LhH.h^`OJQJo(hHhf^f`OJQJ^Jo(hHoh6 ^6 `OJQJo(hHh^`OJQJo(hHh^`OJQJ^Jo(hHoh^`OJQJo(hHhv^v`OJQJo(hHhF^F`OJQJ^Jo(hHoh^`OJQJo(hHh#^#`OJQJo(hHh^`OJQJ^Jo(hHoh ^ `OJQJo(hHh^`OJQJo(hHhc^c`OJQJ^Jo(hHoh3^3`OJQJo(hHh^`OJQJo(hHh^`OJQJ^Jo(hHoh^`OJQJo(hHh#^#`OJQJo(hHh^`OJQJ^Jo(hHoh ^ `OJQJo(hHh^`OJQJo(hHhc^c`OJQJ^Jo(hHoh3^3`OJQJo(hHh^`OJQJo(hHh^`OJQJ^Jo(hHoh^`OJQJo(hH TBNDKCf/)2*Qe/At}P6vw-pbe c`})                           ʢ                                                                      C 9Q]76J% ]F%]rd"6U%v)BE)K|._/c2e6Zr9 <A=^>JCUoEqEM.N8OBO'QZRWY `^KhuTlnmE|rtcvl8j72WVDGtl Bkq~^X_W@tzEtUW@h@UnknownG*Ax Times New Roman5Symbol3. *Cx Arial?= *Cx Courier New;WingdingsA$BCambria Math"hк 77q24dFF3QHX ?% 2!xx,Auckland District Council of Social ServicesautologoncouncillorsRos8         Oh+'0 , L X dpx0Auckland District Council of Social Servicesautologoncouncillors Normal.dotmRos12Microsoft Office Word@@lt@x}y՜.+,D՜.+,d  hp  Auckland City7F -Auckland District Council of Social Services Title 8@ _PID_HLINKSAp \mailto:nzcoss@nzcoss.org.nz  !"#$%&'()*+,-./0123456789:;=>?@ABCEFGHIJKNRoot Entry F4}yP1Table:WordDocument.:SummaryInformation(<DocumentSummaryInformation8DCompObjy  F'Microsoft Office Word 97-2003 Document MSWordDocWord.Document.89q