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New Zealand law explained for everyone

Charitable Trusts Act 1957

Incorporation of trust boards

17: Right to appeal to court

You could also call this:

“You can ask a judge to look at the Registrar's decision again if you don't agree with it”

If you don’t agree with the Registrar’s decision about not registering trustees under this Act or not approving or registering a name or name change for a board, you can appeal to the court. This means you can ask the court to look at the decision again.

If you want to appeal, you need to file a notice with the court and give a copy to the Registrar. You must do this within 28 days after the Registrar made the decision you’re unhappy with.

If you start an appeal but don’t follow through with it quickly enough, the Registrar or someone else involved can ask the court to dismiss your appeal. If the court agrees, they might also make you pay for the costs of the appeal.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309935.

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16A: Effect of change of name, or

"Name changes don't affect what a trust board can do or its responsibilities"

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"How to officially send something to a board"

Part 2 Incorporation of trust boards

17Right to appeal to court

  1. Any person dissatisfied with any decision of the Registrar that trustees are not to be registered under this Act or that a name or change in the name of any board is not to be approved or registered, may appeal to the court against that decision.

  2. Notice of every such appeal shall be filed in the court and served upon the Registrar within 28 days after the day on which the decision appealed against was given.

  3. If in any case the appellant does not prosecute his appeal with due diligence, the court, on application made by the Registrar or any person interested, may dismiss the appeal and make such order as to costs as it thinks proper.

Notes
  • Section 17(1): amended, on , by section 265 of the Incorporated Societies Act 2022 (2022 No 12).