Plain language law

New Zealand law explained for everyone

Companies Act 1993

Removal from the New Zealand register

323: Powers of court

You could also call this:

“Court can decide if a company stays on the register when someone objects to its removal”

If you object to a company being removed from the New Zealand register for certain reasons, you can ask the court for help. These reasons are listed in another part of the law.

When you ask the court for help, you’re asking them to make an order. This order would say that the company should not be removed from the register.

The court will look at your reasons. If they agree that the company shouldn’t be removed, they can make an order to keep the company on the register.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM322849.

Topics:
Business > Industry rules
Crime and justice > Courts and legal help
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322: Duties of Registrar if objection received, or

“What the Registrar must do when someone objects to removing a company from the register”

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324: Property of company removed from register, or

“Property ownership changes when a company is removed from the register”

Part 17 Removal from the New Zealand register

323Powers of court

  1. A person who gives a notice objecting to the removal of a company from the New Zealand register on a ground specified in section 321(1)(d), (e), or (f) may apply to the court for an order that the company not be removed from the register on any ground set out in that subsection.

  2. On an application for an order under subsection (1), the court may, if it is satisfied that the company should not be removed from the register on any of those grounds, make an order that the company is not to be removed from the register.