Integrity Code consultation

Technically, any organisation in the sport and recreation sector may choose to adopt the Integrity Code, provided they follow the steps set out in Schedule 2 of the Integrity Code.

However, we strongly recommend that national-level organisations adopt the Integrity Code and cascade adoption down through to regional or local organisations within their activity. This is because club-by-club adoption would be very resource intensive (for us and the sector) and would mean that the Integrity Code would apply inconsistently across the sport or recreation activity. This could potentially lead to unfair or inconsistent outcomes for participants and organisations.

Other organisations may have an interest in the Integrity Code but it may not be possible or appropriate for them to adopt it. This includes some peak bodies whose members are primarily other national organisations (e.g. the New Zealand Olympic Committee) or school sport organisations whose members and participants are primarily schools and school students. These organisations still have an important role as advocates for the Integrity Code and can align their own policies with the minimum standards.

The adoption process has three steps, set out below.

Step 1 – Notify the Commission

The organisation needs to give us at least one month’s notice in writing that it intends to adopt the Integrity Code. It will need to provide us information about its structure and membership, any practical barriers to implementation, and any dispensations or exceptions it might seek.

This is so we can support and guide the organisation during the adoption process. At this stage, it is up to the organisation whether it follows our guidance. However, if an organisation chooses not to, it may lead to issues during the adoption process or negatively impact on its ability to comply with its obligations once it is bound by the Integrity Code.

There are no formal consequences if the organisation doesn’t provide the one-month notice but it does mean that they may not benefit from our guidance.

Sport and recreation organisations vary in terms of their structure and membership so there’s not a one size fits all approach. It is expected we’ll work closely together on the adoption process.

We recommend that organisations start planning and preparing as early as possible after they have notified us. Again, we can provide support and guidance on this.

Step 2 – Formally adopt the Integrity Code

To formally adopt the Integrity Code the organisation must:

• amend its constitution, or equivalent governing document, and ensure it has the authority to adopt an integrity code and its members understand and agree they are bound by it
• decide the date when the Integrity Code takes effect (called the effective adoption date).

The constitutional amendment needs to:

• expressly agree to adopt the Integrity Code
• require the organisation take reasonable steps to make sure the Integrity Code applies to its own members (whether an organisation or participant).

This is to ensure the Integrity Code applies throughout the sport or recreation activity.

Step 3 – Provide a copy of the resolution or constitution to the Commission

To complete the adoption process, the organisation needs to provide us a copy of the formal resolution adopting the Integrity Code. We may also require a copy of the constitution, if necessary. This ensures we have a record demonstrating that the organisation has adopted the Integrity Code.

We will check the resolution and/or constitution is in order, and add the organisation to the public list of organisations that have adopted the Integrity Code.

It is at this point that the organisation and its members become bound by the Integrity Code, and will start formally implementing the minimum standards.

An organisation has 12 months from when it adopts the Integrity Code to when it must comply with the minimum standards.

This also gives the adopting organisation control over when the clock starts ticking on the adoption process. Organisations that need a longer period to implement the minimum standards can choose a date further away by delaying their formal agreement to adopt and the notification to the Commission, while some organisations may be well placed for the Integrity Code to come into effect a short time after the effective date of adoption.

A national sport organisation decides to adopt the Integrity Code. It has worked hard over many years to improve the safety of its members but thinks that it would benefit from working towards shared national standards and accessing the support of the Commission.

It notifies us of its intention to adopt, and provides information about its membership which includes five regional sport organisations and some elite athletes who are direct members. The national sport organisation, regional sport organisations and elite athletes will automatically be bound by the Integrity Code.

Local clubs and the members of those clubs (participants) belong to the regional sport organisation, but not the national sport organisation. So they need to agree with either the national sport organisation or the regional sport organisation to be bound by the Integrity Code.

The national sport organisation also identifies the need for a dispensation from a provision of the Integrity Code which it thinks might conflict with the requirements of its international federation.

We consider the request for a dispensation but decline it as the requirement of the international federation is not inconsistent with the provision in the Integrity Code.

The national sport organisation decides to use our policy templates. They begin the process of reviewing and revising their existing policies immediately as they are a large organisation and may need longer than the 12-month implementation period.

At its AGM, the national sport organisation formally adopts the Integrity Code by amending its constitution. It specifies that its adoption will take effect on 1 March 2025. The national sports organisation provides us with a copy of the formal resolution and the amended constitution which confirms the adoption process.

The regional sport organisations and member clubs undertake the same process, amending their constitutions (or similar governing documents) to adopt the Integrity Code. For efficiency, many local clubs undertake this at the same time as the changes required to comply with the new requirements for incorporated societies.

The national sport organisation, the regional sport organisation and clubs that have agreed to be bound by the Integrity Code need to have and implement the required policies by 1 March 2026.

Organisations have up to 12 months to implement policies

Minimum standards 1–4 require organisations develop policies to meet the minimum standards. It must be as soon as practicable, and within 12 months of adopting or becoming bound by the Integrity Code.

We know that some people in the sector consider that 12 months may not be long enough to roll out the policies, particularly for large national bodies with lots of members.

However, organisations do not need to wait until after they adopt the Integrity Code. Organisations can start reviewing and revising policies at any time before adoption takes effect.

We also have policy templates that organisations can use to help reduce the time and effort to develop and implement policies.

Organisations can choose what type of policy to use

Organisations can choose whether to use:

• our policy templates
• its own policies
• another organisation’s (ie, its national or regional organisation’s) policies, with its agreement.

If an organisation decides to use our policies, training or other material, it will be presumed to comply with the minimum standards – at least in terms of the requirement to have the relevant policy or training in place. The organisation still needs to demonstrate it has implemented the minimum standard in practice – otherwise, it may be breaching the requirement to implement the policy.

Schedule 2 of the Integrity Code describes the process for obtaining dispensations from a provision of the Integrity Code (in full or in part). This step is optional and we expect that dispensations will be uncommon as the Integrity Code has been drafted to be broadly applied across the sector.

The criteria for dispensation is where the Commission is satisfied that:

• the provision is not relevant to that organisation or its members
• the provision cannot be complied with because it is inconsistent with another legal obligation (eg, a collective agreement or the rules of an international federation that the organisation is a member of)
• there are any other reasonable grounds where dispensation is necessary or desirable, and granting the dispensation is consistent with the purposes of the Integrity Code.

The dispensation will only apply if we agree to grant it. If we don’t agree, and the organisation adopts the Integrity Code, it will apply in full despite anything the organisation’s constitution or policy says to the contrary.

While a dispensation can be sought at any point, we recommend that it is sought before adoption. This ensures that organisations are clear on what their obligations are before they are bound by the Integrity Code.

Schedule 2 of the Integrity Code also reflects that organisations may revoke their adoption of the Integrity Code. Effectively, organisations can do this as and when they choose to (again by amending their constitution), given that adoption is voluntary.