Resource Management Act Environmental Defence Society
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Incorporating Your Group

Personal liability for costs in Court proceedings can be limited by forming an incorporated society. This may also add credibility to a party involved in proceedings. A charitable trust does not limit liability in the same way as an incorporated society, as trustees can be personally liable for actions they take in the trust's name.

The Companies Office - Societies and Trusts website has detailed information about how to set up your incorporated society. 


Limiting liability in Court proceedings

If possible, you should establish an incorporated society before you lodge a submission with the local authority on a matter which is likely to go the Environment Court. If you lodge a submission in your own name at the council level it will often not be possible to substitute an incorporated society which is established later on at the Environment Court stage. In order to be able to do this you  will need to show that the members of the legal body  are substantially the same as the individuals who lodged submissions for which  it is substituting for (see Trayling & Ors v Christchurch City Council C156/2003). 

 For information please click here


Funding

For information about securing funding for an incorporated society please click here