Auckland regional committee meeting Minutes - March

Cheapest self-storage I can see in Auckland for a single-garage sized space (3m x 6m x 2.5m) works out to about $3000 a year inc GST (here). That would only be affordable if events were much more expensive, otherwise it would put us in the red.

Hiring a 20’ container is substantially cheaper at around $1300 a year inc GST for a slightly smaller space (about 2.3m x 6m x 2.4m) but we need somewhere to put it.

I’d be interested to hear Adam’s opinion on what specific law would be broken by banning members of an incorporated society from some society events. “That sounds illegal” is a bit vague.

Various things are demanded of societies by law, and some of those things must be included in every society’s rules per the Incorporated Societies Act 1908. I believe our constitution covers all those, and that none of them address access of members to society events or liability.

There is also the act itself. It doesn’t mention whether the society can restrict services to some members. It does prescribe liability in section 13, saying:

[quote=“Incorporated Societies Act 1908, Section 13”]No liability on members for obligation of society.
Except when otherwise expressly provided in this Act, membership of a society shall not of itself impose on the members any liability in respect of any contract, debt, or other obligation made or incurred by the society.[/quote]

Whether that particular section includes protection of committee members from failure to prevent illegal actions of people at society-run events, who knows. Possibly not - it seems to be more about financial obligations.

The Law Commission is currently reviewing the Incorporated Societies Act 1908, and they note in their issues paper that it may need reform in a number of areas including liability. Apparently, the Act is quite thin and dated, and this leaves a lot of ambiguity and when stuff goes to court it often comes down to more general laws applying, or just jurisprudence by the sound of it:

On a financial note, some folks are predicting that the reforms that follow this review will also make Incorporated Societies have the same financial accounting obligations that registered charities have now. That would remove the only reason I can recall hearing for us not becoming a charity (and thus not having any tax obligations).

Who knows? Maybe its something else from the UK.

But its worth noting that sports clubs ban regularly ban their members from participating in events e.g. for misconduct. Clearly, such a power exists.

Of course, we’re not talking about any formal society-wide ban here, simply individual GMs having the final word on who they will accept into their games.

I’ve already read over the Incorporated Societies Act 1908 (A rip roaring sooze fest of a read I may add) just after the meeting and have come to much the same conclusions as Ryan regarding liability.

I’m by no means an expert and I will be getting another opinion on this but It seems (from my readings so far of the act and other documentation) regarding the subject of commitee liability:

The act absolves the commitee members of finacial liability of the club and legal liability of the actions of members, except where the event itself is organised for the purpose or intent of undertaking illegal activities. So as long as an event doesn’t actively ENCOURAGE illegal activity (such as the provision of alcohol to minors, use of illegal substances, tresspass etc) the commitee members and organisers are not held liable for the actions of members, though “actively encourage” also means being aware of such activities and taking no steps to stop them.

Assuming events are run within those guidelines, the only liability that a commitee member exposes themself to is that of fines in the event of an investigation of the club or action taken against the club by the registar of Incorporated Societies (Failing to produce a document, Impeeding an investigation, Not conforming to a writen notice to ceese a particular action).

Yes, as I said before (in my reading it seems) that a club that organises recreational activities may exclude participation in any event they hold/fund.