Last updated 3 November 2021
The legislation takes effect from 3 November 2021 and enables businesses and other organisations to use ‘electronic means’ for a period of time, even where their constitution or rules don’t permit this. An entity can only choose to do so if a majority of its governing officers believe in good faith that it’s not reasonably practicable to use a non-electronic means.
On this page:
- What is meant by ‘electronic means’
- Who can make use of this provision
- Law change applies only until 30 April 2022
- What you must do to use electronic means
- Need more information?
The term ‘electronic means’ refers to the following:
- having or recording information in writing
- calling or holding meetings, including for the purpose of establishing a quorum
- voting (though there are some matters that electronic voting can’t be used for)
- giving or receiving information
- making or keeping new records
- providing access to records or information held by or on behalf of the entity
- signing any instrument (document)
- retaining any information.
The types of entities that can make use of this temporary legislation include:
- building societies
- charitable trust boards
- credit unions
- friendly societies
- incorporated societies
- industrial and provident societies
- limited partnerships.
This provision came into force on 3 November 2021 and ends on 30 April 2022 (unless it is extended). We will publish details of any extension here.
If you decide to use electronic means, and you don’t have a provision in your rules or constitution to allow that, there are a few things you’ll need to do.
- Keep a record of what you’ll be doing electronically and the reasons why (as decided by for example, a majority of the directors or a majority of the society’s committee).
- Do what you can to notify your members of the decision you’ve made (as soon as possible).
- Notify us as soon as possible.
- Download our form ‘Notice of use of electronic means’.
- Complete the notice. Take care to read the notes on Page 2 of the form.
- Attach a copy of the record that outlines the reasons for the belief of the majority of your governing officers, referred to in section 10A(1)(b) (and section 10A(1)(a) if relevant)).
- Send your completed notice to us by email to firstname.lastname@example.org
Once we’ve received your completed notification, we’ll make the information publicly available on the relevant register. For example, for companies we’ll publish the notice on the Companies Register and for incorporated societies we’ll publish the notice on the Incorporated Societies Register.
If you are unsure about any aspect of the Government’s COVID-19 relief measures, and how they apply to your business or entity, please refer to the legislation and, if necessary, seek legal advice.
These temporary provisions also apply to some Māori governance entities