Incorporated Societies Act 2022

Enforcement - Court orders enforcing officers’ duties

139: Costs of action by member, officer, or Registrar to be met by society

You could also call this:

"The society may have to pay costs if you or the Registrar take action against them."

Illustration for Incorporated Societies Act 2022

You can ask the court to make a society pay some or all of the costs of taking action. This can happen if you were given permission under section 135 or if the Registrar asks. The costs can include things like settling a dispute. You can also claim costs for settling, compromising, or stopping a proceeding under section 140. The court will look at whether it is fair for the society to pay these costs. The court might decide it is not fair for the society to pay if it would be unjust or inequitable.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101025.

This page was last updated on 4 January 2026 — View changes

Topics:

Money and consumer rights > Consumer protectionCrime and justice > Courts and legal help

138: Powers of court where leave granted, or

"What the court can do to help with a case"

140: Settlement, compromise, or withdrawal of proceeding brought by member, officer, or Registrar, or

"Stopping or settling a court case started by a member, officer, or Registrar needs court approval"

Part 4Enforcement
Court orders enforcing officers’ duties

139Costs of action by member, officer, or Registrar to be met by society

The court must, on the application of a person to whom leave was granted under section 135 or of the Registrar, order that the society must meet the whole or a part of the reasonable costs of bringing or intervening in a proceeding under this subpart.
Those costs may include any costs relating to a settlement, compromise, or discontinuance approved under section 140.
Subsection (1) does not apply if the court considers that it would be unjust or inequitable for the society to bear those costs.