Plain language law

New Zealand law explained for everyone

Companies Act 1993

Voluntary administration - Protection of company's property during administration

239ABF: Administrator not liable in damages for refusing consent

You could also call this:

“Administrators protected from legal action for withholding consent”

If you’re an administrator, you don’t have to worry about being sued for damages if you refuse to give approval or consent for something related to this part of the law. This means that if someone asks you to approve or agree to something, and you say no, they can’t take you to court and make you pay money for your decision. The law protects you from this kind of legal action when you’re doing your job as an administrator.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321558.

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239ABE: Proceeding must not be begun or continued, or

“You can't start or continue legal action against a company in administration”

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239ABG: Enforcement process halted, or

“No legal actions can take company property during administration without court approval”

Part 15A Voluntary administration
Protection of company's property during administration

239ABFAdministrator not liable in damages for refusing consent

  1. An administrator is not liable in damages for a refusal to give an approval or consent for the purposes of this subpart.

Compare
  • Corporations Act 2001 s 440E (Aust)
Notes
  • Section 239ABF: inserted, on , by section 6 of the Companies Amendment Act 2006 (2006 No 56).