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Incorporated Societies Act 2022

Enforcement - Court orders enforcing officers’ duties

134: Who may apply

You could also call this:

"Who can ask for a special order under the Incorporated Societies Act"

Illustration for Incorporated Societies Act 2022

You can apply for an order under this subpart if you are a society, a member or officer of a society, or the Registrar. You can apply as a member or officer of a society, but only under certain sections, such as sections 135 to 138. The Registrar can apply if they think a breach of duty is serious and it is in the public interest, as explained in section 150. You should check section 151 to see when the court might refuse an application. The Registrar has to consider if making an application is in the public interest before they can apply. This helps the Registrar decide if they should apply for an order. The rules for applying are important to follow, and you can find more information in the related sections, such as sections 135 to 138 and section 150.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101022.

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133: Court orders, or

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Part 4Enforcement
Court orders enforcing officers’ duties

134Who may apply

  1. An application for an order under this subpart may be made by—

  2. a society; or
    1. a member or an officer of a society (but only under sections 135 to 138); or
      1. the Registrar.

        1. The Registrar may apply only if the Registrar considers that—

        2. the breach, or likely breach, of duty is or would be serious; and
          1. making the application is in the public interest (see section 150).

            1. See section 151 (which provides for the court to refuse to consider an application).