Some changes that may impact on the IBCPC organisation
The future of cheques (checks)
As you may be aware, banks across many parts of the globe will stop accepting cheques/checks from mid-2021.
We understand this change may take some time to filter across all parts of our network, but as from mid-2021 IBCPC will be following this same edict and will only accept payments for membership fees or other payments by way of e-commerce banking (internet or direct debit banking). We also encourage you to speak to your bank about what alternative options will work best for you.
We will continue to keep you updated on this process through our website, in our newsletter and on social media.
The Privacy Act in New Zealand has changed
Changes to the Privacy Act came into effect on 1 December 2020. All charities such as IBCPC should be aware of their obligations under the Privacy Act. Charities already had privacy obligations under the previous version of the Act. For example, all organisations need to have someone in the role of privacy officer. This could be a board member or manager in a smaller organisation, while larger groups might have a dedicated privacy team.
IBCPC has your permission to send you emails and newsletters via your subscription to the IBCPC database, however should you wish to opt out, you can unsubscribe at any time.
The changes to the Privacy Act 2020 mean all organisations (including charities) now have greater privacy obligations. The Act has been modernised to reflect the changing economic, technological and societal environment in not only New Zealand, but globally with many countries in Europe now governed by similar regulations.
The main changes to the Act that charities should be aware of include:
· If you disclose information overseas, you need to ensure there are similar privacy protections as in New Zealand (in other words we can’t share your team details without your permission, and no one in our organisation or outside of the organization should do that either)
· It’s now mandatory to notify the Privacy Commissioner and those affected about privacy breaches that could cause serious harm (in other words if you/your team are in any way impacted by such a breach of sharing of contact details etc, then we will need to inform the Privacy Commissioner)
· The Privacy Commissioner can now require an organisation to give someone access to their personal information (this is usually for legal reasons only)
· The Privacy Commissioner can now require an organisation to change their procedures to comply with the Privacy Act 2020 (that is why we are informing you of this now)
· Organisations can now refuse to provide personal information, if releasing it could create a serious threat to the health and safety of an individual or the public (we take this very seriously and will not share without your permission. Nor should anyone associated with this organisation share contact information)
· There are higher potential fines for offences. (self-explanatory)
IBCPC will appoint a person to assist, and monitor compliance in these matters.
** High Alert: Please do not share information with others, particularly email addresses or membership details without the express permission and approval from the person/team from whom you are sharing that information.
Trusts Act 2019
As our IBCPC Trust is a charity registered under the Charitable Trusts Act 1957, the duties of our trustees will be further clarified.
The Trusts Act 2019 replaces the Trustee Act 1956. The new Act came into force on 31 January 2021, meaning trustees need to be aware the law that governs the trust has changed slightly.
The new Act aims to improve the governance of trusts by helping trustees understand their legal duties. The Trusts Act 2019 lists mandatory and default duties of trustees. Trustees’ duties are vital to the good governance of charities, so it’s important that trustees are aware of the recent changes to the Trusts Act.
In summary, points of note are:
. IBCPC will not be impacted by the new ruling that places a term of 125 years in which a trust cannot extend beyond. The reason there is no impact is because IBCPC is a charitable trust, so it can continue indefinitely.
. We can now also accumulate income that is consistent with our terms of reference. In other words, we don’t have to spend or gift an agreed annual sum.
. The trustees must act in accordance with the terms of the trust and in good faith and in the case of a trust for a permitted purpose, we will continue to further the permitted purpose of the trust, in accordance with the terms of the trust.