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Companies Act 1993

Liquidations - Duties, rights, and powers of liquidators

265: Examination by liquidator

You could also call this:

“Liquidator can formally question you about a company being closed down”

If you need to be examined under section 261, you should know a few things. The liquidator, or a lawyer working for them, can ask you to take an oath or make an affirmation. This is a formal way of promising to tell the truth.

You have the right to bring a lawyer with you to the examination. This can help you understand what’s happening and protect your rights.

The person conducting the examination, whether it’s the liquidator or their lawyer, must make sure that everything you say is written down or recorded. They might use a tape recorder or something similar to do this.

Remember, this examination is part of the process when a company is being closed down (liquidated). It’s important to be honest and cooperate, but you also have the right to have someone there to help you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321928.

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“The court can make people follow the liquidator's requests and answer questions about the company”

Part 16 Liquidations
Duties, rights, and powers of liquidators

265Examination by liquidator

  1. A liquidator or a barrister or solicitor acting on behalf of the liquidator may administer an oath to, or take the affirmation of, a person required to be examined under section 261.

  2. A person required to be examined under section 261 is entitled to be represented by a barrister or solicitor.

  3. A liquidator or a barrister or solicitor acting on behalf of the liquidator who conducts an examination under section 261 must ensure that the examination is recorded in writing or by means of a tape recorder or other similar device.