IBRA must ensure its constitution is compliant with new legislation or cease to exist
The Incorporated Societies Act 2022 (the Act) requires all incorporated societies to adopt a constitution that is compliant with the Act by 5 April 2026. Failure to do so means that IBRA will cease to exist on that date.
Why we recommend that IBRA develop a new constitution
Work to update the constitution in accordance with the requirements of the Act has found that the multiple changes are needed and mean that it is more practical to use the ‘Constitution Builder’ on the Incorporated Societies website https://is-register.companiesoffice.govt.nz/ to develop a new constitution that is compliant with the Act.
What is involved in developing a new constitution?
Some new clauses are mandatory, and others are recommended. The Committee will need to agree process issues, that are unlikely to be controversial, but will require consideration (e.g. number of committee members, regularity of AGM and other meetings).
Opportunity
More importantly, the new constitution presents IBRA with an opportunity to:
- update the ‘purposes’ section of its existing constitution to ensure that it is fit for purpose,
- incorporate the existing code of conduct into the recommended section on ‘protocol’.
Draft constitution for your consideration:
2024 Comparison table Old and New Constitution
If you have any feedback on this draft, please send by email to Islandbayres@gmail.com by the 10th September.
A final version will be circulated after the review period and presented at the AGM for voting. To pass this new constitution 2/3 of all who vote must vote in favour for it to be accepted.
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