Article

Member Voting Rights in Co-operatives

WRITTEN BY Katie Innes

Published 1 July 2026

VOTING MAJORITIES

Decisions are made by the members in three ways:

  1. By ordinary resolution – which is a simple majority (50% plus one)
  2. By special resolution – which is a two thirds (2/3) majority at either a general meeting or via a postal ballot
  3. By special resolution by a special postal ballot – which is a 3/4 majority

Each member has only one vote at a meeting of the co-operative.

If you have joint members, they will only have one vote between them. Check your Rules for how that vote is exercised in the event of a dispute.

If you have a corporate member, generally they must appoint a representative to exercise their vote – check your Rules for the specific requirements.

DECISIONS FOR SPECIAL RESOLUTION

DecisionCNL Reference
Changes to the RulesSection 138
(Typically) Expelling a member from membership of the co-operativeProvided for in a co-
operative’s Rules
Decision to issue bonus sharesSections 84 and 85
If the co-operative is buying-back shares there is a limit to how many can be repurchased in a financial year. However, members can resolve to ‘exempt’ the co-operative from this restriction (with or without conditions)Section 107(3)
If the co-operative’s primary activity is the acquisition of land and/or providing community services – the co-operative must not sell the land except with approval of the membersSection 206
To approve the co-operative entering into a management contracts (which is a contract or arrangement where a person who is not a director/officer will be performing the whole or a substantial part of the functions of the co-operative, whether or not under the control of the co-operative).Section 207
To change the name of the co-operativeSection 224
To appoint an auditor (to replace an auditor removed from office)Section 302
Decision to approve ‘terms of issue’ for any CCUsSection 350
(Typically for non-distributing co-operatives) Decision as to who/which organisation the surplus assets of the co-operative should be transferred on a winding upProvided for in a co-
operative’s Rules

DECISIONS FOR SPECIAL RESOLUTION

DecisionCNL Reference
Changes to the RulesSection 138
(Typically) Expelling a member from membership of the co-operativeProvided for in a co-
operative’s Rules
Decision to issue bonus sharesSections 84 and 85
If the co-operative is buying-back shares there is a limit to how many can be repurchased in a financial year. However, members can resolve to ‘exempt’ the co-operative from this restriction (with or without conditions)Section 107(3)
If the co-operative’s primary activity is the acquisition of land and/or providing community services – the co-operative must not sell the land except with approval of the membersSection 206
To approve the co-operative entering into a management contracts (which is a contract or arrangement where a person who is not a director/officer will be performing the whole or a substantial part of the functions of the co-operative, whether or not under the control of the co-operative)Section 207
To change the name of the co-operativeSection 224
To appoint an auditor (to replace an auditor removed from office)Section 302
Decision to approve ‘terms of issue’ for any CCUsSection 350
(Typically for non-distributing co-operatives) Decision as to who/which organisation the surplus assets of the co-operative should be transferred on a winding upProvided for in a co-
operative’s Rules

DECISIONS FOR SPECIAL RESOLUTION BY SPECIAL POSTAL BALLOT

DecisionCNL Reference
To convert the structure of the co-operative between:
· a co-operative with share capital and a co-operative without share capital; or
· distributing co-operative to a non-distributing co-operative
Section 35
Decision to require members to:
· take up or subscribe for additional shares; and/or
· allow deductions for additional shares
Section 82
If a decision has been requisitioned by the membersSection 250
Decision to require members to lend money to the co-operativeSection 343
Decision to acquire or dispose of the following:
· sell or lease the ‘undertaking’ (being ‘all the assets of the co-operative)
· sell or lease a part of the ‘undertaking’ of the co-operative that relates to its primary activities where it is more than 25% of the total book value of all assets
· acquire from (or dispose of to)
– director or employee; or
– relative of a director or employee,
property that has a value of 5% of the total book value of all assets relating to the primary activity
· acquire an asset (with a value of 25% of the total book value of all assets) if it results in the co-operative carrying on an activity that is not one of the primary activities
· dispose of an asset if the co-operative would cease carrying on the primary activity or the ability of the co-operative to carry on the primary activity is substantially impaired
Section 359
Where shares are on issue, a decision to increase the maximum permissible level of share interest (i.e. permit a single member holding more than 20% of nominal value of shares on issue)Section 363
If the co-operative wants to offer shares in the co-operative in exchange for or conditional on:
· the sale of the business or part of the business of the co-operative
· the registration of the co-operative as a company
· the winding up of the co-operative
· that would give a single member more than 20% of nominal value of shares on issue
· a single member having a substantial share interest (5%) or there being a substantial change (increase or decrease by at least 1%)
Section 374
Decision to merge with another co-operativeSections 396 and 476
Decision to transfer incorporation to another scheme (e.g. to become a company or association)Section 404
Decision to execute a compromise or arrangement between a co-operative and its membersSection 414
Decision to voluntarily wind up the co-operativeSection 445

DIRECTORS DECISIONS

All other decisions are to be made by the Board of Directors through their general power under the Rules of the co-operative.


This document is intended to serve as a guideline/checklist for the timings required by the various occasions and requirements of a co-operative. Please always check the Co-operatives National Law, the Co-operatives National Regulations, and/or seek legal advice. Information is correct as at date of publication.


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