The Short Title of this Act is the Trade Unions Act 1908.

This Act is a consolidation of the enactments mentioned in Schedule 1, and with respect to those enactments the following provisions shall apply:

In this Act, if not inconsistent with the context,—

provided that this Act shall not affect—

The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.

The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.

Nothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for the breach of any of the following agreements, namely:

but nothing in this section shall be deemed to constitute any of the above-mentioned agreements unlawful.

The following Acts, that is to say,—

shall not apply to any trade union registered under this Act, and the registration of any such trade union under any of the said Acts shall be void.

The validity of the registration before 31 October 1936 of any company or society under the Companies Act 1908, the Friendly Societies Act 1908, the Companies Act 1933, or any of the Acts specified in subsection (1) of this section shall not be questioned on the ground that such company or society is or was a trade union unless on the date of its registration under that Act it was a registered trade union.

Notwithstanding anything in the last preceding section a trade union, whether registered or unregistered, which insures or pays money on the death of a child under 10 years of age shall be deemed to be within the provisions of section 46 of the Friendly Societies and Credit Unions Act 1982.

Any 7 or more members of a trade union may, by subscribing their names to the rules of the union, or otherwise complying with the provisions of this Act with respect to registry, register such trade union under this Act, provided that if any 1 of the purposes of such trade union is unlawful such registration shall be void.

Every trade union registered under the Trade Union Act 1878, and subsisting on the coming into operation of this Act, shall be deemed to be registered under this Act.

Any trade union registered under this Act may purchase or take on lease in the names of the trustees for the time being of such union any land not exceeding 1 acre, and sell, exchange, mortgage, or let the same; and no purchaser, assignee, mortgagee, or tenant shall be bound to inquire whether the trustees have authority for any sale, exchange, mortgage, or letting; and the receipt of the trustees shall be a discharge for the money arising therefrom.

For the purpose of this section every branch of a trade union shall be considered a distinct union.

All real and personal estate whatsoever belonging to any trade union registered under this Act shall be vested in the trustees for the time being of the trade union appointed as provided by this Act, for the use and benefit of such trade union and the members thereof, and the real and personal estate of any branch of a trade union shall be vested in the trustees of such branch, or of the trustees of the trade union, if the rules of the trade union so provide, and be under the control of such trustees, their respective executors or administrators, according to their respective claims and interests.

On the death or removal of any such trustees the same shall vest in the succeeding trustees for the same estate and interest as the former trustees had therein, and subject to the same trusts, without any conveyance or assignment whatsoever, save and except in the case of funds invested in any debentures, bonds, or Treasury bills issued under any Act which shall be transferred into the names of such new trustees.

In all proceedings before a court touching or concerning any such property, the same shall be stated to be the property of the person or persons for the time being holding the said office of trustee, in their proper names, as trustees of such trade union, without any further description.

Where any person, being or having been a trustee of a trade union or of any branch of a trade union, and whether appointed before or after the legal establishment thereof, in whose name any funds, debentures, securities, or moneys belonging to such union or branch are standing, either jointly with another or others, or solely, is absent from New Zealand, or becomes bankrupt, or files any petition, or executes any deed, assignment, arrangement, or composition with his or her creditors, or becomes a lunatic, or is dead, or has been removed from his or her office of trustee, or if it is unknown whether such person is living or dead, the Registrar, on application in writing from the secretary and 3 members of the union or branch, and on proof satisfactory to him or her, may direct the transfer of such funds, debentures, securities, or moneys into the names of any other persons as trustees for the union or branch.

Such transfer shall be made by the surviving or continuing trustees, and if there are no such trustees, or if such trustees refuse or are unable to make such transfer, the Registrar may direct that, where such funds, debentures, securities, or moneys—

The Minister of Finance and every such bank and banking corporation, and all corporations, companies, and persons, and their officers and servants respectively, are hereby indemnified for anything done by him or her or them, or any of his or her or their officers, in pursuance of this section against any claim or demand of any person injuriously affected thereby.

The trustees of any trade union registered under this Act, or any other officer of such trade union authorised so to do by the rules thereof, are hereby empowered to bring or defend, or cause to be brought or defended, any action, prosecution, or complaint in any court touching or concerning the property, right, or claim to property of the trade union.

In all cases concerning the real or personal property of such trade union the trustees shall and may sue and be sued in any court in their proper names, without other description than the title of their office.

No such action, prosecution, or complaint shall be discontinued or shall abate by the death or removal from office of such persons or any of them, but the same shall and may be proceeded in by their successor or successors as if such death, resignation, or removal had not taken place; and such successor shall pay or receive the like costs as if the action, prosecution, or complaint had been commenced in their names for the benefit of or to be reimbursed from the funds of such trade union, and the summons to be issued to such trustee or other officer may be served by leaving the same at the registered office of the trade union.

A trustee of any trade union registered under this Act shall not be liable to make good any deficiency which may arise or happen in the funds of such trade union, but shall be liable only for the moneys actually received by him or her on account of such trade union.

Every treasurer of a trade union registered under this Act, at such times as by the rules of such trade union he or she should render such account as hereinafter mentioned, or on being required so to do, shall render to the trustees of the trade union, or to the members of such trade union at a meeting of the trade union, a just and true account of all moneys received and paid by him or her since he or she last rendered the like account, and of the balance then remaining in his or her hands, and of all bonds or securities of such trade union; which account the said trustees shall cause to be audited by some fit and proper person or persons to be appointed by them.

Such treasurer, if thereunto required, on the said account being audited shall forthwith hand over to the said trustees the balance which on such audit appears to be due from him or her, and shall also, if required, hand over to such trustees all securities and effects, books, papers, and property of the said trade union in his or her hands or custody.

If he or she fails to do so the trustees of the trade union may sue him or her in any court of competent jurisdiction for the balance appearing to have been due from him or her upon the account last rendered by him or her, and for all the moneys since received by him or her on account of the trade union, and for the securities and effects, books, papers, and property in his or her hands or custody, leaving him or her to set off in such action the sums (if any) he or she may have since paid on account of the trade union; and in such action the trustees shall be entitled to recover their full costs of suit, to be taxed as between solicitor and client.

If any officer, member, or other person being or representing himself to be a member of a trade union registered under this Act, or the nominee, executor, administrator, or assignee of a member thereof, or any person whatsoever, by false representation or imposition obtains possession of any moneys, securities, books, papers, or other effects of such trade union, or, having the same in his or her possession, wilfully withholds or fraudulently misapplies the same, or wilfully applies any part of the same to purposes other than those expressed or directed in the rules of such trade union, or any part thereof, he or she shall, in proceedings commenced by any person on behalf of such trade union, or by the Registrar, be liable on conviction to a fine not exceeding £50 and costs, and to be ordered to deliver up all such property, or to repay all moneys applied improperly, and in default of such delivery or repayment, or of the payment of such fine and costs aforesaid, to be imprisoned with or without hard labour for any term not exceeding 6 months.

Nothing in this section prevents a person being proceeded against under any other enactment for an offence constituted by conduct in a particular case that is the same as conduct punishable under this section if the person has not previously been convicted under this section in respect of that particular conduct.

The person for the time being holding office as the Registrar of Incorporated Societies under the Incorporated Societies Act 1908 shall be the Registrar under this Act.

The Registrar shall make an annual report to the Governor with respect to the matters transacted by him or her in pursuance of this Act, and the Governor shall cause copies of such report to be laid forthwith before Parliament if in session, or if not, then within 1 month from the commencement of the next ensuing session.

With respect to the registry under this Act of a trade union, and of the rules thereof, the following provisions shall have effect:

With respect to the rules of a trade union registered under this Act the following provisions shall have effect:

Every trade union registered under this Act shall have a registered office to which all communications and notices may be addressed; if any trade union under this Act is in operation for 7 days without having such an office, such trade union and every officer thereof shall each be liable to a fine not exceeding £5 for every day during which it is so in operation.

Notice of the situation of such registered office, and of any change therein, shall be given to the Registrar and be recorded by him or her; and until such notice is given the trade union shall not be deemed to have complied with the provisions of this Act.

No certificate of registration of a trade union shall be withdrawn or cancelled otherwise than by the Registrar and in the following cases:

If a trade union makes default in forwarding to the Registrar the annual returns required by section 28, the Registrar may send by post to the last known officers of the union a letter inquiring whether the union is in existence, and, if within 2 months of sending the letter, the Registrar does not receive any answer thereto, or receives an answer to the effect that the union is defunct, the union shall for the purposes of subsection (1) be deemed to have ceased to exist, and the Registrar may, subject to the provisions of subsection (2), cancel the certificate of registration thereof.

Not less than 2 months’ previous notice in writing, specifying briefly the ground of any proposed withdrawal or cancelling of certificate (unless where the same is shown to have become void as aforesaid, in which case it shall be the duty of the Registrar to cancel the same forthwith), shall be given by the Registrar to a trade union before the certificate of registration of the same can be withdrawn or cancelled (except at its request).

A trade union whose certificate of registration has been withdrawn or cancelled shall, from the time of such withdrawal or cancelling, absolutely cease to enjoy as such the privileges of a registered trade union, but without prejudice to any liability actually incurred by such trade union, which may be enforced against the same as if such withdrawal or cancelling had not taken place.

A person under the age of 20 but above the age of 14 years may be a member of a trade union, unless provision is made in the rules thereof to the contrary; and may, subject to the rules of the trade union, enjoy all the rights of a member except as herein provided, and execute all instruments and give all acquittances necessary to be executed or given under the rules; but shall not be a member of the committee of management, trustee, or treasurer of the trade union.

A member of a trade union not being under the age of 14 years may, by writing under his or her hand, delivered at or sent to the registered office of the trade union, nominate any person not being an officer or servant of the trade union (unless such officer or servant is the husband, wife, civil union partner, de facto partner, father, mother, child, brother, sister, nephew, or niece of the nominator) to whom any moneys payable on the death of such member not exceeding £50 shall be paid at his or her decease, and may from time to time revoke or vary such nomination by a writing under his or her hand similarly delivered or sent; and on receiving satisfactory proof of the death of a nominator, the trade union shall pay to the nominee the amount due to the deceased member not exceeding the sum aforesaid.

A trade union may, with the approval in writing of the Registrar, change its name by the consent of not less than two-thirds of the total number of members.

No change of name shall affect any right or obligation of the trade union or of any member thereof, and any pending legal proceedings may be continued by or against the trustees of the trade union or any other officer who may sue or be sued on behalf of such trade union notwithstanding its new name.

Any 2 or more trade unions may, with the consent of not less than two-thirds of the members of each or every such trade union, become amalgamated together as 1 trade union, with or without any dissolution or division of the funds of such trade unions, or either or any of them; but no amalgamation shall prejudice any right of a creditor of any union party thereto.

Notice in writing of every change of name or amalgamation, signed, in the case of a change of name, by 7 members, and countersigned by the secretary of the trade union changing its name, and accompanied by a declaration by such secretary that the provisions of this Act in respect of changes of names have been complied with, and in the case of an amalgamation signed by 7 members, and countersigned by the secretary of each or every union party thereto, and accompanied by a declaration by each or every such secretary that the provisions of this Act in respect of amalgamations have been complied with, shall be sent to the Registrar and registered in his or her office, and until such change of name or amalgamation is so registered the same shall not take effect.

The rules of every trade union shall provide for the manner of dissolving the same, and notice of every dissolution of a trade union under the hand of the secretary and 7 members of the same shall be sent within 14 days thereafter to the Registrar.

A trade union which fails to give any notice or send any document which it is required by this Act to give or send, and every officer or other person bound by the rules thereof to give or send the same, or if there is no such officer, then every member of the committee of management of the union, unless proved to have been ignorant of or to have attempted to prevent the omission to give or send the same, is liable to a fine not exceeding £5 and not less than £1, recoverable at the suit of the Registrar or of any person aggrieved, and to an additional fine of the like amount for each week during which the omission continues.

A general statement of the receipts, funds, effects, and expenditure of every trade union registered under this Act shall be transmitted to the Registrar before 1 June in every year, and shall show fully the assets and liabilities at the date, and the receipts and expenditure of the trade union during the year preceding the date, to which it is made out.

Such statement shall show separately the expenditure in respect of the several objects of the trade union, and shall be prepared and made out up to such date, in such form, and shall comprise such particulars as the Registrar from time to time requires.

Every member of and depositor in any such trade union shall be entitled to receive, on application to the treasurer or secretary of that trade union, a copy of such general statement, without making any payment for the same.

Together with such general statement there shall be sent to the Registrar a copy of all alterations of rules and new rules and changes of officers made by the trade union during the year preceding the date up to which the general statement is made out, and a copy of the rules of the trade union as they exist at that date.

Every trade union which fails to comply with or acts in contravention of this section, and also every officer of the trade union so failing, is each liable to a fine not exceeding £5 for each offence.

Every person who wilfully makes or orders to be made any false entry in or any omission from any such general statement or in or from the return of such copies of rules or alterations of rules, is liable to a fine not exceeding £50 for each offence.

If any person with intent to mislead or defraud gives to any member of a trade union registered under this Act, or to any person intending or applying to become a member of such trade union, a copy of any rules or of any alterations or amendments of the same other than those respectively which exist for the time being, on the pretence that the same are the existing rules of such trade union, or that there are no other rules of such trade union, or if any person with the intent aforesaid gives a copy of any rules to any person on the pretence that such rules are the rules of a trade union registered under this Act which is not so registered, he or she commits an offence and is liable on conviction to a fine not exceeding £50, or to imprisonment with or without hard labour for any term not exceeding 2 years.

With respect to offences the following provisions shall have effect:

The Governor may from time to time make regulations respecting registry and procedure under this Act, and the seal and forms to be used for such registry, and the duties and functions of the Registrar, and the inspection of documents kept by the Registrar under this Act, and generally for carrying this Act into effect.

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Governor may from time to time determine a scale of fees to be paid for matters to be transacted or for the inspection of documents under this Act.

All fees and moneys received by the Registrar under or by virtue of this Act shall be paid into the Public Account and form part of the Consolidated Fund.

A determination under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Every instrument or document, copy or extract of an instrument or document, bearing the seal or stamp of the Registrar shall be received in evidence without further proof; and every document purporting to be signed by the Registrar shall, in the absence of any evidence to the contrary, be received in evidence without proof of the signature.