Cycling Action Network  - Constitution Update

Introduction

CAN is an incorporated society with charitable status. The legislation governing Incorporated Societies dates from 1908. 

The legislation was updated and is now the Incorporated Societies Act 2022 (https://www.legislation.govt.nz/act/public/2022/0012/latest/LMS100809.html). It contains a number of changes. Incorporated Societies have until the end of 2026 to update their constitutions or rules to conform with the new Act.

The new Act has mandatory clauses; the biggest addition to Constitutions are clauses relating to Dispute Resolution. Other clauses deal with how people become members, and the requirement to obtain consent of people wanting to be members, and the kinds of records we need to keep. New timelines will be in place - we need to hold AGMs within 6 months of Balance Date (down from 12 months).

Fortunately for the 27,000 or so Incorporated Societies, the Companies Office developed a Constitution Builder  (https://isb.companiesoffice.govt.nz/constitutionbuilder/startscreen) which assists people to develop a constitution that incorporates the mandatory requirements.

I used this tool to generate a draft Constituion for CAN. It’s available as a PDF below. I’ve indicated the mandatory sections, and highlighted in pink the discretionary parts of clauses.

Notably, it’s much longer than our existing Constitution (called Rules), also available as PDF below; some 12 pages long compared with 5 for the existing Constitution.

For CAN, we have to start preparing our new Constitution now in preparation for adoption at the AGM later this year.

A Special General Meeting will held at the CANDo2024 to officially start this process, so we can conclude it by the AGM. 

The proposed process is 

• SGM resolution to create process for workshopping the new constitution with membership
• Interested members to work on the proposed constitution over winter.
• Finalise proposed constitution by September/October ready for presentation to the AGM likely in December. 

Please note that our existing constitution is in force until the adoption of a new constitution. 

If you are interested in helping us develop a constitution fit for CAN’s future, join us!

Christopher Dempsey

Secretary, CAN.