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Incorporated Societies Act 2022

Enforcement - Court orders enforcing society’s constitution or bylaws

129: Court orders

You could also call this:

"A court can make decisions to help incorporated societies follow their rules."

Illustration for Incorporated Societies Act 2022

You can ask a court to make orders about incorporated societies. A court can make orders to enforce the rules of a society. The court can also order someone to pay for breaking the rules. You can ask the court to make an order to stop someone doing something against the rules. The court can make any order it thinks is fair, including orders about who pays costs. Another part of the law, Section 130, does not limit what the court can do in this case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101017.

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Topics:
Business > Industry rules
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"Some laws are handled by specific courts that have the final say"

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Part 4Enforcement
Court orders enforcing society’s constitution or bylaws

129Court orders

  1. A court may, on an application under this subpart, make 1 or more of the following orders:

  2. an order declaring and enforcing the rights or obligations of a society, any officer, or any member under the society’s constitution or bylaws:
    1. an order directing the performance and observance of a society’s constitution or bylaws by the society, an officer, or a member:
      1. an order restraining a society, an officer, or a member from acting in a manner contrary to the society’s constitution or bylaws:
        1. an order for a person who has breached a society’s constitution or bylaws to compensate (in whole or in part) the society, a member, or a former member for the loss or damage suffered by the society, member, or former member because of the breach:
          1. any order that the court thinks just, including any order about costs.

            1. Section 130 does not limit this section.