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185: Breach of pre-incorporation contract
or “What happens if a company breaks a contract made before it was formed”
You could also call this:

“When the District Court can decide on pre-incorporation contracts”

The District Court can make decisions about pre-incorporation contracts in certain situations. You can go to the District Court if:

  1. The issue comes up during a case that’s already in the District Court.

  2. The amount of money or value of property involved is not more than $350,000.

  3. You and the other person agree to let the District Court handle it.

The District Court can use the powers described in sections 182 to 185 of this Act in these situations.

When you ask the District Court to make a decision about a pre-incorporation contract, it’s treated like a regular court case. This means the rules about how the court works, which are found in sections 86 to 88 of the District Court Act, apply to your request.

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Next up: 186: Registered office

or “Every company must maintain an official address in New Zealand”
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Part 10 Administration of companies
Pre-incorporation contracts

185AJurisdiction of District Court

  1. The District Court has jurisdiction to exercise any power conferred by sections 182 to 185 in any case where—

  2. the occasion for the exercise of the power arises in the course of civil proceedings properly before the court; or
    1. the amount of the claim or the value of the property or relief claimed or in issue is not more than $350,000; or
      1. the parties agree, in accordance with section 81 of the District Court Act 2016, that the District Court has jurisdiction to determine the proceedings.

        1. For the purposes of sections 86 to 88 of the District Court Act 2016, an application made to the District Court under any of sections 182 to 185 is deemed to be a proceeding.

        Notes
        • Section 185A: replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).