Becoming an Incorporated Society

It is registered under the Incorporated Societies Act 2022.

Key features:

• Separate legal entity — the society can enter contracts, own property and operate in its own name.

• Member-based — people become members and have rights to participate in the society's affairs.

• Democratic governance — members elect the committee/officers and vote on important matters according to the society's constitution.

• Not-for-profit — it can earn income and hold funds, but profits or surplus cannot simply be distributed to members.

• Constitution — its constitution sets out how membership, meetings, voting, officers and decision-making work. Link to draft constitution

• Limited liability — generally, the society's debts and obligations belong to the society rather than individual members, although officers can have personal responsibilities in certain circumstances.

• Continuity — the society continues as a legal entity even when individual members or committee members change.

For the OSG, becoming an incorporated society would essentially turn it from an informal owners' support group into a formal member organisation, giving owners the opportunity to join, participate in its governance and elect its committee, while allowing OSG to operate in its own legal name.

Under New Zealand's Incorporated Societies Act 2022, the main minimum requirements are:

• At least 10 members to form an incorporated society.

• A constitution that complies with the Act and sets out how the society will operate.

• At least 3 officers (normally a committee), with the constitution setting out how they are appointed. Officers must meet the Act's eligibility requirements.

• Must have a committee responsible for managing its affairs.

• Must have a registered office in New Zealand.

• Must keep a register of members.

• Must hold general meetings and give members the voting and participation rights required by the Act.

• Must keep appropriate records--both financial and governance.

• Must be not-for-profit — its money and assets must be used to further its purposes rather than distributed to members.

• Must be registered with the Registrar of Incorporated Societies to become an incorporated society