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Incorporated Societies Act 2022

Enforcement - Court orders enforcing officers’ duties

135: When member or officer may apply or intervene in proceeding on behalf of society

You could also call this:

"When can a member or officer take a society's case to court?"

Illustration for Incorporated Societies Act 2022

You can apply to a court to act on behalf of a society. The court may let you apply or intervene in a proceeding if you are a member or officer of the society. You can do this to continue, defend, or stop a proceeding on behalf of the society. You can only do this if the court is satisfied that the society does not want to take action or has stopped a proceeding. The court must also think it is best for the society if you, not the officers or members, handle the proceeding. This means the court will consider what is best for the society when making its decision. The court's decision is based on what is best for the society, so you need to show that your actions will benefit the society. This is an important step to ensure the society's interests are protected. You should understand that the court's role is to make decisions that are fair and in the best interests of the society.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101023.

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Topics:
Crime and justice > Courts and legal help
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134: Who may apply, or

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

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136: Matters court must have regard to in determining whether to grant leave, or

"What the court thinks about when deciding whether to let you take action"

Part 4Enforcement
Court orders enforcing officers’ duties

135When member or officer may apply or intervene in proceeding on behalf of society

  1. A court may, on the application of a member or an officer of a society, grant leave to the member or officer to—

  2. apply under this subpart in the name and on behalf of the society; or
    1. intervene in a proceeding under this subpart to which the society is a party for the purpose of continuing, defending, or discontinuing the proceeding on behalf of the society.

      1. The court may grant the leave only if it is satisfied that—

      2. either—
        1. the society does not intend to bring, defend, or diligently continue a proceeding under this subpart; or
          1. the society has discontinued a proceeding under this subpart; and
          2. it is in the interests of the society that the conduct of a proceeding under this subpart should not be left to the officers or to the determination of the members as a whole.