Incorporated Society changes - Rotary NZ Club Constitution
 
The new Act imposes additional requirements on Incorporated Societies. A consequence of this is that all Clubs need a new Constitution.
 
However we, as Rotary Clubs in New Zealand, are subject to two jurisdictions: New Zealand legislation and Rotary International (“RI”).      
 
All Rotary Clubs are subject to RI policies and rules, which include the requirement that every Rotary Club must adopt the Rotary Standard Club Constitution. This was last updated by RI in June 2022 but, given that it is ‘standard’ for Clubs across the world, it does not reflect NZ legislation nor, particularly, the new Act. So, all NZ Rotary Districts are collaborating on a revision to the standard Club Constitution that will reflect NZ legislation... and we have RI’s consent to do that.
 
This work on the Club Constitution is essential because no Club can reregister as a Society without a Constitution, but that Constitution must be approved by RI as the NZ standard Rotary Club Constitution. So another purpose of these Updates is to keep you informed about progress with the Constitution.
 
Meanwhile, the advice remains as it has been for some time…
all 9940 Rotary Clubs should continue to operate as they have been doing, under the 1908 Act, and should not seek to begin the process of reregistration until advised that the revised, RI/NZ approved Club Constitution is in place.
 
In response to the new Act and knowing that RI had revised the Standard Club Constitution, all New Zealand District Governors agreed that a collaborative approach to drafting a New Zealand version of the Constitution would best serve all five Districts and well over 200 Clubs.
 
RI consented to this approach and since then a Constitution has been drafted, as a working document, which will retain the RI rules while complementing them with the NZ legislative elements. This has been reviewed and reworked by a notable NZ legal firm with significant experience in the not-for-profit field. Some final amendments are about to be made to produce a final (re)draft that will then be submitted to Districts.
 
So significant progress has been made and we are much closer now to having a standard New Zealand version of the RI Club Constitution that all NZ Rotary Clubs will use in reregistering as Societies.
 
With well over 200 Rotary Clubs nationally reregistering, with each one submitting the same standard Constitution, we have written to the Minister of Commerce and Consumer Affairs seeking his assurances that there will be “consistent application” of the new Act’s Regulations in assessing and approving our re-registrations.
 
One 9940 Club, already identified, will act as a test case and be the first to apply for reregistration so any weaknesses in the documentation or process can be resolved with the Registrar, leaving more than enough time for all other Clubs to reregister.