The new Incorporated Societies Act 2022 has recently passed into law. A summary outlining the key changes between the old 1908 act and the new one can be found here.
While not set out in the key changes, the new legislation requires all incorporated societies to re-register with a new Constitution (list of governing principles) within a set timeframe.
The Board of FASD-CAN has been working on a new draft Constitution which can be downloaded here. It is in a totally new format from the current rules which can be found here (note: highlighted areas denote recent edits). This document is largely unchanged since the organisation was founded in 2013.
The new Constitution has been drafted to comply with all of our obligations under the new Act.
Since its inception, FASD-CAN has grown significantly and it is timely for a new Constitution to be adopted which will meet the needs of an organisation where there is now separation between the Board providing governance, oversight and strategy and kaimahi (employees) carrying out the delivery of programmes, support, training and other activities to in accordance with our objectives (Purposes).
Some other key changes we would like to draw your attention to include:
• A structured process to identify and select suitable personnel for board positions so that the composition of the board continues to include members with lived experience and all of the other attributes required to successfully govern the organisation. The draft constitution also permits the appointment of some non-elected Board members because of their function, lived experience or technical skills.
• The amount of subscriptions payable will be determined by the board including the discretion available to waive requirement for payment of subscriptions i.e. to continue the practice that currently applies with regard to free subscriptions.
• A wider scope for the Purposes of the organisation which are based on the objectives set out in the original rules and now more accurately reflecting the activities currently being undertaken, including those that may be undertaken in the future for the benefit of our members.
• As we are registered as a Charity we also need to ensure that the Constitution complies with all of the obligations required to continue to meet registration requirements under the Charities Act 2005. The attached constitution has been reviewed by Charities Services and now meets its requirements for continued registration.
We would now like to open the opportunity for members to provide feedback on the new constitution.
While the final draft of the Constitution will need to comply with the new legislation, meet the requirements of Charities registration and provide for the continued development of FASD-CAN, it is appreciated that members may opt to provide either comprehensive feedback or narrow feedback on just one or two points. How much input you have is totally up to each member.
Given the Board’s desire to have the new Constitution ratified by the members at the forthcoming AGM we would like to have this consultation open for a month with submissions to be received no later than Friday, 30 August 2024.
The feedback from members will be collated and carefully considered by the Board before it adopts the final draft to be submitted to the forthcoming AGM for ratification.
Please click here to download the draft document and submit your feedback as soon as possible to the Board by email to [email protected]. Thank you!
Ngā mihi nui
The FASD-CAN Board
