Incorporated Societies Act 2022

Enforcement - Court orders enforcing officers’ duties

133: Court orders

You could also call this:

"What happens if a society officer breaks the rules: the court can step in"

Illustration for Incorporated Societies Act 2022

You can go to court if an officer of a society breaks the rules. The court can make orders against the officer. The court can order the officer to follow the rules or pay the society back for losses. You can ask the court to make an order to stop the officer from doing something wrong. The court can also order the officer to give back property that belongs to the society. The court can make other orders it thinks are fair, like ordering the officer to pay costs. The court can make these orders if it thinks the officer has broken the rules or might break them. This includes rules in the society's constitution, bylaws, or the Incorporated Societies Act 2022. The court's orders can help the society and make sure the officer follows the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101021.

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Part 4Enforcement
Court orders enforcing officers’ duties

133Court orders

  1. A court may, on an application under this subpart, make 1 or more of the following orders against an officer or a former officer of a society if the court is satisfied that the officer or former officer has breached, or is likely to breach, a duty under the society’s constitution or bylaws or this Act:

  2. an order declaring and enforcing those duties:
    1. an order directing the performance and observance of those duties:
      1. an order restraining the officer from acting in a manner contrary to their duties:
        1. an order for the officer or former officer to compensate (in whole or in part) the society for the loss or damage suffered by the society because of a breach of those duties:
          1. an order for an account of profits (including an order for the computation and payment to the society of profits made in connection with a breach of a duty):
            1. an order for the officer or former officer to return property to the society:
              1. any other order that the court thinks just, including any order about costs.