Incorporated Societies Act 2022

Enforcement - Prejudiced members

141: Prejudiced members

You could also call this:

"What to do if a society treats you unfairly"

Illustration for Incorporated Societies Act 2022

You can apply to a court if you think a society is treating you unfairly. This can happen if the society is doing things that are oppressive or unfairly discriminatory to you as a member. You can also apply if the society has done something that is unfair to you. You might want to look at section 151 to see when the court might not consider your application. The court has rules about what it will and will not consider. This can help you understand what might happen with your application. If you are a former member of a society, you can also look at section 152 to see how it applies to you. This section has information about how former members can make applications. It can help you understand your rights as a former member of a 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=LMS101028.

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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"


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142: Court orders, or

"Going to court to get a fair order for a society"

Part 4Enforcement
Prejudiced members

141Prejudiced members

  1. A member or former member of a society may apply to a court for an order under this subpart on the grounds that—

  2. the operations or affairs of the society have been, are being, or are likely to be conducted in a manner that is oppressive, unfairly discriminatory, or unfairly prejudicial to the member or former member in their capacity as a member; or
    1. any act or acts of the society have been, are, or are likely to be oppressive, unfairly discriminatory, or unfairly prejudicial to the member or former member in that capacity.
      1. See section 151 (which provides for the court to refuse to consider an application).

      2. See also section 152 (which relates to applications by former members).