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Incorporated Societies Act 2022

Enforcement - Court orders enforcing society’s constitution or bylaws

130: Disputes under society’s constitution

You could also call this:

"What happens when you disagree with a society's rules"

Illustration for Incorporated Societies Act 2022

You can have a dispute about something in a society's constitution. This section is about what happens when you have a dispute like that. The dispute must have been looked at using the society's rules. You can go to court if you think something was not done fairly. The court can help if there was a breach of the rules of natural justice or a serious breach of the society's procedures. The court can also help if the person making the decision did not have the power to do so. The court has some powers to help with the dispute. It can make orders, like the ones mentioned in section 129. It can also make a decision that it thinks should have been made by the decision maker. The court must explain why it is giving a direction. There are some limits to what the court can do, like what is said in section 41 and section 26(1)(j).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101018.

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

130Disputes under society’s constitution

  1. This section applies to a dispute that has been, or is being, investigated or otherwise dealt with under the procedures in the society’s constitution referred to in section 26(1)(j).

  2. A court may, on an application under this subpart, exercise a power under subsection (4) if it is satisfied that—

  3. there has been a breach of the rules of natural justice; or
    1. there has been a serious breach of the procedures in the society’s constitution referred to in section 26(1)(j); or
      1. a decision maker has a lack of jurisdiction or has been improperly appointed; or
        1. the decision made on the dispute by a decision maker is in conflict with the public policy of New Zealand.

          1. Subsection (2)(b) does not limit subsection (2)(a).

          2. The court may do any 1 or more of the following:

          3. make 1 or more of the orders under section 129:
            1. make any decision it thinks should have been made by a decision maker:
              1. direct the decision maker—
                1. to hear or rehear the matter concerned; or
                  1. to consider or determine (whether for the first time or again) any matters that the court directs; or
                  2. make any order that the court thinks just, including any order about costs.

                    1. The court must state its reasons for giving a direction under subsection (4)(c).

                    2. Subsection (2)(a) is subject to section 41, which provides for when procedures in a society’s constitution for resolving disputes must be treated as being consistent with the rules of natural justice.