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Nonprofit and charitable organisations in Feilding operate under New Zealand national law with some local rules that affect day-to-day activity. The main legal framework includes the Charities Act 2005, the Incorporated Societies Act 2022, the Companies Act 1993 for companies limited by guarantee, the Charitable Trusts Act 1957 and other statutes that affect fundraising, tax and safety. National regulators and agencies set registration and reporting requirements, while Manawatu District Council manages local permits and public activity rules for the Feilding area.
Organisations commonly used by community groups in Feilding include incorporated societies, charitable trusts, companies limited by guarantee and unincorporated associations. Each structure has different governance, reporting and liability consequences. Understanding the legal setting helps protect people who run community services, secure funding and meet obligations to donors, volunteers and regulators.
Legal advice is often essential when setting up, running or closing a nonprofit or charity. Specific situations where a lawyer can help include:
- Choosing the right legal structure - incorporated society, trust or company limited by guarantee - to match your group goals and risk profile.
- Drafting or updating constitutions, trust deeds or rules to ensure compliance with the Incorporated Societies Act 2022 and best governance practice.
- Applying for registration on the Charities Register and preparing the financial and narrative information required for registration and ongoing reporting.
- Meeting tax obligations and claiming charitable tax exemptions or GST status with Inland Revenue.
- Advising on fundraising law and permit requirements for public collections, raffles or gaming proceeds, and ensuring compliance with rules that regulate lotteries and gaming for charitable purposes.
- Drafting volunteer agreements, employment contracts and resolving employment or health and safety issues under the Health and Safety at Work Act 2015 and Employment Relations Act 2000.
- Resolving disputes between committee members, trustees or members, and handling governance breaches or potential trustee liability.
- Advising on mergers, transfers of assets, asset locks, or dissolution to ensure lawful distribution of charitable assets.
While most regulation is national, these local aspects are important for Feilding organisations:
- Manawatu District Council permits and bylaws - Public events, street collections, stall sites and signage in Feilding usually require council permits or compliance with local bylaws. Check council requirements for temporary events, public space use and noise limits.
- Local fundraising rules - Some activities such as street collections, raffles and gaming fundraisers may need council permission or must comply with Department of Internal Affairs rules and local regulations. Charities should confirm any local requirements before campaigning in public spaces.
- Regional support and networks - Feilding groups often work with nearby Palmerston North and regional bodies for training, grants and shared services. Local community hubs and council-funded initiatives can affect eligibility for local grants and contracts.
- Reporting and transparency expectations - Donors and local funders often expect clear governance, conflict of interest policies and accessible financial reporting. These expectations influence how organisations in Feilding prepare their documents and public information.
To register as a charity you normally need to have a qualifying legal structure such as an incorporated society, charitable trust or company limited by guarantee. You must demonstrate a charitable purpose that benefits the public and meet the requirements of the Charities Act 2005. Registration is handled at a national level by the regulator that maintains the Charities Register. Prepare a constitution or trust deed, governing documents, evidence of activities and financial statements appropriate to your organisation.
Common choices are incorporated society, charitable trust or company limited by guarantee. Incorporated societies are frequently used for community clubs and volunteer groups because they provide a democratic membership model and limited liability for members. Charitable trusts are often used for funds and asset-holding purposes. Companies limited by guarantee can suit organisations seeking a commercial style governance structure. Each option has different rules on governance, reporting and dissolution, so seek tailored advice for your group.
Registered charities must provide annual returns to the Charities Register, including financial statements and an activity report. The exact level of financial reporting depends on the size of the charity and accounting standards that apply. Some charities must also meet specific audit or review requirements. Additionally, tax filings may be required with Inland Revenue and payroll and employment filings if you employ staff.
Volunteers are not automatically classified as employees, but certain legal duties still apply. Under the Health and Safety at Work Act 2015, organisations have duties to ensure the safety of volunteers when they are undertaking work. Employment law applies where a person is an employee rather than a volunteer - the distinction depends on the nature of the relationship, control, and payment. Clear volunteer role descriptions, agreements, and appropriate insurance help manage risk.
Local permits may be required for street collections, stalls or events on public land. You must also consider national rules for fundraising and any restrictions that apply to specific activities such as raffles, lotteries and gaming proceeds. Check with Manawatu District Council about public space permits and be aware of Department of Internal Affairs requirements for gaming and lotteries used to raise funds for charitable purposes.
The Incorporated Societies Act 2022 introduced modern governance requirements and many societies needed to update their rules. Changing your constitution typically requires following the amendment process set out in your existing rules and may need approval by members. For trusts, amendments to trust deeds are governed by the deed and trust law. A lawyer can draft compliant amendments and advise on member procedures to ensure changes are valid.
Trustees and committee members have legal duties such as acting in good faith, avoiding conflicts of interest and exercising reasonable care. Breach of these duties can expose individuals to personal liability in some situations. Limited liability can apply where the entity structure provides it, but officers should ensure proper governance, records, insurance and compliance to reduce personal risk.
Dissolving or merging a charity must follow the organisation’s constitution or trust deed and legal requirements. Charitable assets generally must be applied only to charitable purposes - an asset lock may restrict distribution to non-charitable entities. Mergers often require member or trustee approvals and clear transfer of obligations and assets. Proper legal steps help avoid breaches that could affect registration or tax status.
Early steps include checking your organisation’s rules for dispute resolution, calling a special meeting and seeking mediation. Many disputes can be resolved through internal procedures or mediation. If the dispute involves serious governance breaches, regulatory complaints or legal claims, seek legal advice promptly. Community legal services and mediation providers can assist before escalating to litigation.
Registered charities can be eligible for certain tax benefits, including income tax exemptions and charitable donation schemes that allow donors to receive tax credits, subject to Inland Revenue rules. GST treatment and payroll-related taxes still apply in many cases. Proper registration and communication with Inland Revenue are necessary to use these benefits and to advise donors correctly.
Here are national and local organisations that can help with information or assistance:
- Charities regulator and Charities Register - for registration criteria, annual reporting tiers and guidance on charitable status.
- Inland Revenue - for tax obligations, charitable tax exemptions and payroll or GST questions.
- Manawatu District Council - for permits, bylaws and local community development information in Feilding.
- Office of the Privacy Commissioner - for guidance on handling personal information and privacy obligations under the Privacy Act 2020.
- Department of Internal Affairs - for guidance on fundraising, gaming and lotteries and related compliance.
- Community Law Centres and Citizens Advice - regional services near Feilding that provide free or low cost legal information and referrals.
- New Zealand Law Society - for finding solicitors and understanding standards of practice; ask for lawyers experienced in nonprofit, charity and trust law.
- Volunteer sector organisations and peak bodies - for governance resources, volunteer management best practice and local networking.
If you need legal assistance with nonprofit or charitable matters in Feilding, follow these practical steps:
- Gather your documents - constitutions, trust deeds, financial statements, meeting minutes and any correspondence relevant to your issue.
- Identify the specific issue - registration, constitutional amendment, fundraising permit, employment or dispute resolution - so you can seek the right expertise.
- Look for a lawyer with charity and trust law experience - ask about prior work with incorporated societies, trusts or charitable companies and request references or case examples.
- Ask about fees and engagement terms - request a clear fee estimate, any fixed-fee options and what an initial consultation covers.
- Consider free or low cost help first if your matter is mainly information based - community law centres, Citizens Advice and local council community advisors can answer many practical questions.
- Be proactive about governance - implement basic policies such as conflicts of interest, financial controls, volunteer role descriptions and health and safety procedures to reduce legal risk.
- If you face an urgent legal or regulatory issue - such as a complaint to a regulator, serious dispute or potential personal liability - get professional legal advice quickly to protect the organisation and its officers.
Working with an experienced lawyer and following best practice governance will help your Feilding organisation operate effectively, meet legal obligations and focus on achieving its charitable goals.
