Restoring removed incorporated societies: what does restoration mean for societies that failed to re-register in time?

The April 5, 2026, deadline for re-registration imposed by the new Incorporated Societies Act 2022 (2022 Act) has created a novel challenge for the many incorporated societies who did not meet the deadline.

Those that failed to re-register in time have now ceased to exist as legal entities and been removed from the Incorporated Societies Register.

For societies who find themselves in that position, ‘restoration’ may provide a way forward.

Legal status of incorporated societies after 5 April 2026
An incorporated society which had not re‑registered under the 2022 Act by 5 April 2026 ceased to exist as a legal entity and was removed from the Incorporated Societies Register (Register).

Removed societies no longer have separate legal identity, which has serious consequences – including that members become personally liable, and the group cannot contract, hold property, or otherwise act in the (former) society’s name.

What is ‘restoration’?
‘Restoration’ is a mechanism by which removed societies can return to their former legal identities, if the relevant requirements are met. Restoration allows continuity of the removed society’s legal identity, subject to compliance with the modern statutory regime.

Note: while this article deals specifically with restoration for failure to re-register under the 2022 Act, there is also an avenue for restoration which relates to the earlier Incorporated Societies Act 1908 (but which is not considered here).

How does a removed society apply for restoration?
A removed society may apply to the Registrar of Incorporated Societies (Registrar) to be restored to the Register.

These applications for restoration must be made before 6 April 2032, after which restoration for failure to re-register will no longer be available.

Generally, the people who were officers of the removed society should apply for restoration. In some cases, people other than the former officers can apply for restoration, such as:

• A member of the removed society
• A creditor of the removed society
• A party to legal proceedings against the removed society
• A liquidator or receiver of the removed society

Restoration applications must be submitted using a manual form (and supplementary forms where additional information is required) and accompanied by a restoration fee of $177.78 plus GST.[1] Note this is a higher cost than the fee to incorporate a new society ($88.89 plus GST).[2]

Restoration is not automatic
A removed society is not automatically entitled to restoration. Applicants must establish that one of several recognised grounds applies, the most relevant of which is likely that the society was operating at the time of removal and there is a proper reason for it to continue to exist. 

Additional grounds such as erroneous removal, involvement in legal proceedings, or receivership/liquidation at the time of removal are also available to societies removed for failure to re‑register.

Applying for restoration includes evidentiary requirements
Alongside uploading a new constitution that is compliant with the 2022 Act, applicants for restoration must provide evidence showing:

• that the removed society was operational at the time of removal (e.g., financial transactions, meeting minutes, or legal documents);
• confirmation that it has at least 10 members; and
• up‑to‑date contact and registered office information, including a physical address.

Unless the removed society is already a charity registered with Charities Services, it must also file its most recent financial statements.

Restoration may offer a way back, but care must be taken to follow proper process
Restoration may offer a second chance to return to the Register for removed societies who missed the re‑registration deadline. Being able to resume their former legal identity will be crucial for some removed societies who want or need to continue operating.

Given the novelty and complexity of removal and restoration, removed societies should seek legal advice wherever possible to ensure they understand the options available to them.

If your society failed to re-register by the deadline and has been removed, MoranLaw’s team of experts can help you navigate the restoration process. Get in touch today.

[1] Valid as at 5 May 2026 – please visit the Companies Office website for up to date information: Fees for incorporated societies | Incorporated Societies

[2] Valid as at 5 May 2026 – please visit the Companies Office website for up to date information: Fees for incorporated societies | Incorporated Societies