Charities and Not for Profits Update
Ensure you are up to date with the critical issues impacting the charities and not for profits sector. At the conclusion of this event, you will be able to identify the key changes in the Incorporated Societies Act 2022, understand where we are at with the Charities Act, examine the duties of those in governance and analyse the key legal decisions affecting the operation of charities. Receive the answers you need with practical discussions & takeaways to help implement best practice policies. WEB233NZA24Z
Description
Attend and earn 3 CPD hours
Chair: Pam Davidson, Barrister, Lambton Chambers
1.15pm to 2.00pm Guide to Key Changes from the Incorporated Societies Act 2022
- Changes to the requirements for a society’s constitution
- The timing and requirements (so far) for reregistration
- Considering if the legal entity type is the right one going forward
Presented by Steven Moe, Partner, Parry Field Lawyers
2.05pm to 2.45pm The Review of the Charities Act
- A summary of what is proposed
- The implications
- The process from here
Presented by Susan Barker, Director, Susan Barker Charities Law
2.55pm to 3.35pm Duties of those in Governance of Incorporated Societies and Charities
- Foundations of good not-for-profit governance
- Qualifications to hold office in an incorporated society
- Duties of incorporated society committee members
- Recognising and dealing with conflicts of interest in an incorporated society
- Dealing with complaints and grievances and disciplinary issues
- Acting in good faith and best interests of a society and a committee member’s duty of care
Presented by Mark von Dadelszen, Barrister
3.35pm to 4.20pm Key Recent Legal Decisions Affecting the Operation of Charities
- Responsible investment
- Court blessings of restructuring
- Challenges to board decisions
- Online fundraising campaigns
Presented by Phillippa Wilkie, Special Counsel, Chapman Tripp
4.20pm to 4.30pm Closing Comments from the Chair
Learning Objectives:
- Be updated on the progress of the Incorporated Societies Act 2022 and its impact
- Analyse a review of the Charities Act
- Reflect on key recent decisions affecting the operations of charities
- Learn useful tips on duties of those in governance
Presenters
Pam Davidson
Pam Davidson is a barrister practising from Lambton Chambers in Wellington. Her areas of expertise include taxation, public law and the law governing charities and non-profits. She is the author of Taxation of Property Transactions in New Zealand (Thomson Reuters, 2016) and a member of the Tax Law Committee of the New Zealand Law Society. Pam chaired the Legalwise webinar “Not-for-Profit Law: Critical Updates” in March 2020 and the New Zealand Law Society’s Tax Conference in September 2020. She also presented on judicial review in tax matters at the Legalwise judicial review update in February 2021 and on tax issues at the Legalwise Charities NFP and Social Enterprise update webinar in March 2022. She has written articles on various aspects of tax and charitieslaw. She has advised on and acted as counsel in a wide variety of tax, public law and other civil litigation matters. Pam graduated LLB from the University of Canterbury in 1982 and completed an LLM from Victoria University of Wellington in 1994.
Steven Moe
Steven Moe is a Partner at Parry Field Lawyers with a focus on 'for purpose' organisations ranging from social enterprises to charities, NFPs and religious groups. He has worked as a lawyer for 20 years including 11 years overseas based in Tokyo, London and Sydney and since 2016 has been based in Christchurch. He is a Director of a charitable company and is Chair of Community Finance (impact investing with a social housing focus). He writes on purpose and impact for Spinoff, hosts seeds podcast with 260+ interviews of inspiring people from across Aotearoa and wrote the book “Social Enterprises in New Zealand: A Legal Handbook”.
Susan Barker
Sue Barker is the director of Sue Barker Charities Law, a boutique law firm based in Wellington, specialising in charities law and public tax law. Since its founding in 2012, the firm has won a number of awards, including Boutique Law Firm of the Year at the New Zealand Law Awards. Sue is a member of Charities Services’ Sector Group and a member of the Core Reference Group for the review of the Charities Act. Sue is also a co-author of the text The Law and Practice of Charities in New Zealand (LexisNexis, 2013) and a contributor to a number of texts, including Charity Law: Exploring the Concept of Public Benefit (Routledge, 2022), and Regulating Charities: the Inside Story (Routledge, 2017) . In 2019, Sue was awarded the New Zealand Law Foundation International Research Fellowship Te Karahipi Rangahau ā Taiao, to undertake research into the question “What does a world-leading framework of charities law look like?”. Her report Focus on purpose was released in April 2022 making 70 recommendations for charities law reform in Aotearoa New Zealand. More information about Sue and the research can be found at www.charitieslaw.co and www.charitieslawreform.nz
Mark von Dadelszen
Mark’s legal experience over the last five decades has included advising corporates, Councils, receivers, liquidators, and company directors on a wide range of issues, including strategic planning, governance, conflicts of interest, resource management, commercial issues, and meeting procedure. He has over 50 years’ experience on committees of societies and boards of charitable trusts, often as chairman. His strategic and change management skills have been utilised to refocus the direction of many organisations to make them more relevant to their constituencies, truer to their purposes, and more effective operationally. In 1995 Mark wrote and self-published a book on meeting procedure, Members’ Meetings, and this caused a number of individuals and community organisations to seek his advice about problems with meetings. Many of those problems proved to relate to the organisation’s constitution or governance, and this advisory work prompted him to write a second book, Law of Societies. 4th Editions of both of those texts are expected to be published by LexisNexis early in 2024.
Phillippa Wilkie
Phillippa is a Special Counsel with Chapman Tripp. She advises on all aspects of trust law and operation and has extensive experience acting for individuals and families in establishing and adapting trust structures, for trustees, and for counterparties dealing with trustees. She advises individuals on ‘best fit’ solutions for asset protection structures and implementation, on contentious family settlements involving trusts and beneficiaries, succession plans for individuals and their families, and on relationship property protection. She also leads the For Purpose practice at Chapman Tripp, advising charities, community trusts, non-profits and social enterprise. Phillippa is recognised as a Star Associate in Chambers HNW 2019 and she is a member of STEP (Society of Trust and Estate Practitioners).