Incorporated Societies Act 2022

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
47 Qualifications of officers

(1)

Every officer of a society must be a natural person.

(2)

A natural person who is not disqualified by subsection (3) may be elected or appointed as an officer of the society, so long as that person—

(a)

has consented in writing to be an officer; and

(b)

certifies that they are not disqualified from being elected or appointed or otherwise holding office as an officer of the society.

(3)

The following persons are disqualified from being elected or appointed or otherwise holding office as an officer of a society:

(a)

a person who is under 16 years of age:

(b)

a person who is an undischarged bankrupt:

(c)

a person who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Companies Act 1993, the Financial Markets Conduct Act 2013, or the Takeovers Act 1993:

(d)

a person who is disqualified from being an officer of a charitable entity under section 31(4)(b) of the Charities Act 2005:

(e)

a person who has been convicted of any of the following, and has been sentenced for the offence, within the last 7 years:

(i)

an offence under subpart 6 of Part 4:

(ii)

a crime involving dishonesty (within the meaning of section 2(1) of the Crimes Act 1961):

(iii)

an offence under section 143B of the Tax Administration Act 1994:

(iv)

an offence under section 22(2):

(v)

an offence, in a country, State, or territory other than New Zealand, that is substantially similar to an offence specified in subparagraphs (i) to (iv):

(vi)

a money laundering offence or an offence relating to the financing of terrorism, whether in New Zealand or elsewhere:

(f)

a person who is subject to any of the following orders:

(i)

a banning order under subpart 7 of Part 4:

(ii)

an order under section 108 of the Credit Contracts and Consumer Finance Act 2003:

(iii)

a forfeiture order under the Criminal Proceeds (Recovery) Act 2009:

(iv)

a property order made under the Protection of Personal and Property Rights Act 1988, or whose property is managed by a trustee corporation under section 32 of that Act:

(g)

a person who is subject to an order that is substantially similar to an order referred to in paragraph (f) under a law of a country, State, or territory outside New Zealand that is a country, State, or territory prescribed by the regulations:

(h)

in relation to any particular society, a person who does not comply with any qualifications for officers contained in the society’s constitution.

(4)

A natural person who is disqualified from being an officer but who acts as an officer is an officer for the purposes of a provision of this Act that imposes a duty or an obligation on an officer.

Compare: 1993 No 105 s 151