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New Zealand law explained for everyone

Companies Act 1993

Voluntary administration - Powers of court

239ADO: Court's general power

You could also call this:

“The court can make decisions about how the rules apply to a company”

The court has the power to make any order it thinks is right about how this part of the law works for a specific company. This means the court can decide how the rules should apply in special cases.

You should know that the court can even end the administration of a company. This might happen if the court thinks the company can pay its debts, if someone is misusing the rules, or for any other reason the court thinks is important.

When the court makes an order, it can add conditions that must be followed.

Different people can ask the court to make an order. This includes the company itself, someone who owns part of the company, someone the company owes money to, the person managing the company during this time, the person managing the company’s deed, the Financial Markets Authority (if the company is involved in financial markets), the Registrar, or anyone else who has a good reason to be involved.

Remember, the court has a lot of power to decide how these rules work for each company, and many different people can ask the court to use this power.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321627.

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Part 15A Voluntary administration
Powers of court

239ADOCourt's general power

  1. The court may make any order that it thinks appropriate about how this Part is to operate in relation to a particular company.

  2. For example, the court may terminate the administration under subsection (1) if the court is satisfied that the administration should end—

  3. because the company is solvent; or
    1. because the provisions of this Part are being abused; or
      1. for some other reason.

        1. The court's order may be made subject to conditions.

        2. The court may make an order under this section on the application of—

        3. the company or a shareholder of the company; or
          1. a creditor of the company; or
            1. the administrator; or
              1. the deed administrator; or
                1. the FMA (if the company is a financial markets participant); or
                  1. the Registrar; or
                    1. any other interested person.

                      Compare
                      • Corporations Act 2001 s 447A (Aust)
                      Notes
                      • Section 239ADO: inserted, on , by section 6 of the Companies Amendment Act 2006 (2006 No 56).
                      • Section 239ADO(4)(da): inserted, on , by section 82 of the Financial Markets Authority Act 2011 (2011 No 5).