RNZRSA Modernisation Programme
Stage One: Update to Constitution
This page provides updates on the process for updating the RNZRSA's Constitution - and the Model Constitution for RSA Associations.
This page will be regularly updated as the Constitution Working Group makes information available - so please keep checking back.
Page last updated: 4 September 2024
Background
Support to New Zealand's veterans of military service and their whānau remains the core purpose of the organisation. A workshop held at the RNZRSA's National Council in 2022 identified the need to change how we deliver that support to better meet the needs of future generations, and ensure the RSA movement has a sustainable future.
Another key driver for constitutional change is legislative compliance. To meet the Incorporated Societies deadline for re-registration of Societies of 5 April 2026, RNZRSA must include any organisation changes in both the RNZRSA Constitution and the Model Constitution for RSA Associations.
A Constitution Working Group was formed to look at the options available to address the issues that have been identified.
In late February 2024, a second National Council Workshop was held to canvass ideas from Associations on what the future governance model for the RNZRSA should look like.
The feedback from the Workshop was collated, analysed and incorporated into the Draft Constitution in early July (see draft and changes document at the bottom of this page).
From the start of July through to the end of August all Associations, Affiliates and individuals were able to submit written feedback on the draft RNZRSA Constitution.
Consultation, Engagement and Feedback
The RNZRSA Constitution Draft is a comprehensive legal document, and the Constitution Working Group is committed to making the process as easy as possible for everyone to understand the proposed changes and implications.
During July and August, a series of 21 online and in-person information sessions were held for the RNZRSA membership on the draft Constitution document to consult to get feedback on the draft changes (see presentations at the bottom of this page). More than 378 people engaged in the process and the CWG received excellent engagement and feedback.
119 written submissions were sent via review@rsa.org.nz from 91 Member Associations.
This feedback will inform the final draft of the RNZRSA Constitution.
Feedback Analysis
The Constitution Working Group has continuously and iteratively fed the common themes and amendments from the constitution feedback to our legal advisors Norris Ward McKinnon during the consultation period.
There are some commonly requested changes which the Constitution Working Group is considering, and many will end up in the final RNZRSA Constitution.
The mandatory or legally required components of the constitution, which are there to meet the requirements of the Incorporated Societies Act, are not able to be changed, but we have asked the lawyers to put them in to plain language as much as possible.
Here are a few examples of the indicative changes and improvements to expect in the final document:
- Core purpose, supporting veterans and their whānau, reinforced.
- The Constitution lines up legally with the Incorporated Societies Act 2022.
- The Forum to be consulted on the development of the Bylaws.
- The Board role refocused on governance and the Forum role on RSA representation.
- The voting process adjusted to allow for electronic, in-person and postal voting.
- Voting at AGMs to be on a first-past-the-post basis.
- Affiliate representative to be selected and then elected by the Affliates group.
- The document written in plain language to make it easier to understand, and clearer sections.
- A new definitions section inserted to help make the content of the Constitution more understandable and avoid confusion of terms.
- The Board's responsibilities reviewed to ensure they comply with the legal responsibility of a Board, and do not exceed that.
RNZRSA Constitution Progress - September and October
Now that consultation has finished, the next phase of the Constitution review is underway. This phase includes final analysis, final revisions by the lawyers, and on-going review by the Constitution Working Group (CWG).
The Forum and the RNZRSA Board will be briefed on the near final document at the end of September. From there final changes will be made and you can expect to see the proposed RNZRSA Constitution around the end of October.
We remain committed to getting the RNZRSA Constitution adopted in 2024 to allow time for RSA's to get ready in plenty of time for re-registration using the Model Constitution for Associations.
Contact Us
While the July and August consultation period has ended, members of the Constitution Working Group are still available and able to answer questions and queries about the proposed RNZRSA Constitution and the draft Model Constitution for Associations.
Please email review@rsa.org.nz with your questions and queries.
Draft Model Constitution for Associations
From September onwards the Constitution Working Group will be looking to roll out online workshop sessions for the draft Model Constitution for Associations.
These sessions are to help Associations with re-registration to occur by 5 April 2026, as required by the Incorporated Societies Act.
The National Council, being held in Wellington on 16 and 17 October, will now largely focus on discussion the Draft Model Constitution for Associations.
We have secured lawyers to give legal information on the second day (Thursday 17 October), where you can get guidance, assistance and have discussions around technical elements of the Draft Model Constitution for Associations, re-registration, director responsibilities, contracts, employment matters etc.
This will be a facilitated session, and we want to hear from you about what questions and topics you want covered.
Have a talk with your executive committee and sent these questions and topics to review@rsa.org.nz. Simply head up the email with Legal Session National Council in the subject line.
The draft Model Constitution for Associations is at the bottom of this page.
The RNZRSA is paying the legal fees for the development of the Model Constitution for Associations, there are no legal costs being passed on to Associations.
Frequently Asked Questions
What does the Constitutional Working Group (CWG) do?
The Constitutional Working Group represents the RNZRSA Board and Forum.
The CWG is regularly reviewing and analysing the feedback coming in around the draft RNZRSA Constitution and draft Model Constitution for RSA Associations, giving sound advice and support to help achieve adoption of these key documents in 2024 and beyond.
Its members are Peter Jackson (District President Wairarapa, Hawke’s Bay, East Coast), Tony Hill (District President Waikato, King Country, Bay of Plenty), Tom Cormack (District President Wellington. West Coast, Taranaki District), Jocelyn Faul (RNZRSA Board Member), Quentin Randall (RNZRSA Board Member) and supported by Erin Andersen (Communications Specialist).
The consultation process and sessions are a genuine effort on the part of the CWG to leverage the collective wisdom of the RSA movement to ensure the RNZRSA Constitution is fit for purpose, fair and consistent, and that it positions us, as an organisation, for a sustainable and positive future. One where veterans of military service and their whānau are at the centre of everything we do.
What is the responsibility of the RNZRSA Board?
As outlined in the draft and current RNZRSA Constitution the Board has the same responsibilities and accountabilities as it has always had. There is no change. Section 5 and related clauses around Duties of an Officer will be made compliant with the new Incorporated Societies Act and its regulations. This is a requirement of the new Act.
This is the same for all Incorporated Societies, including Affiliates who are Incorporated Societies.
The RNZRSA Board came into being in 2014 and was given the powers then by National Council to operate as a Board. Since 2014 and until today the National President continues to Chair the Board selection committee. This is unchanged in the current draft constitution.
What is happening around the Model Constitution for RSA Associations?
The RNZRSA Constitution must be finalised before we can complete the final Model Constitution for RSA Associations. This needs to be done in time for RSAs to re-register before 5 April 2026.
Noting RSAs hold their AGMs within six months of the end of financial year. There is no set date for RSAs financial year. It can be at any time during a 12- month period.
The Constitutional Working Group aims to hold workshop sessions for RSAs across the country from 1 September onwards.
RNZRSA is paying the legal fees for the development of the Model Constitution – there are no legal costs to RSAs in this process.
Who are the legal advisors to the RNZRSA?
Norris Ward McKinnon are legal advisors to the RNZRSA for both the RNZRSA and Model constitutions.
What about the Bylaws?
The bylaws are a separate document which is subservient to the constitution. The Bylaws will be completed in consultation with the Board and Forum once the RNZRSA Constitution is approved by National Council. The Board and the Forum are jointly responsible for their development.
An update on the Bylaws will be advised post October 2024.
Why are the Objects and Purposes remaining the same in the draft constitution?
The Objects and Purposes section is a body of work in its own right and will be looked at in 2025.
While the current language of this section is somewhat old-fashioned, the principles remain the same and state that the core purpose of the RNZRSA is to support veterans and their whānau.
Can the mandatory clauses be changed?
Mandatory clauses are those that are legally required to meet the requirements of the Incorporated Societies Act. Any matters raised about mandatory clauses of the constitution are going to be difficult to change because of the legal requirements that surround them.
We have tried to put them into plain language as much as possible in the draft constitution.