If you are a member of a public group that is an incorporated society, you cannot be made personally liable for costs. It is advisable to become incorporated before lodging your initial submission so there is a consistent entity for all parties to deal with.
However, the RMA provides that if a group becomes incorporated during the appeal process, it is to be treated as the successor of the unincorporated group, provided it is composed of substantially the same members. Your group may still need to prove that the incorporated society is its proper successor.
You will need a minimum of 15 members to establish an incorporated society, and the process of incorporation can take between one and two weeks.
More information
- Incorporated Societies Register [New Zealand Companies Office website]
See more on...
Incorporated societies
February 2021
© Ministry for the Environment