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Incorporated Societies Act 2022

Enforcement - Prejudiced members

142: Court orders

You could also call this:

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

Illustration for Incorporated Societies Act 2022

You can go to court to get an order if you think it is fair. The court can make any order it thinks is right. The court can order a society to pay you compensation if you are a member. You can also ask the court to make an order to control how a society runs its business. The court can appoint someone to manage the society's money or tell the society to fix its records. The court can even put the society into liquidation under subpart 4 of Part 5. The court can only make an order against a society or person if they are part of the court case. If you want to know more about how the court can change a society's rules, you can look at sections 35 and 36.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101029.

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Part 4Enforcement
Prejudiced members

142Court orders

  1. A court may, on an application under this subpart and if it considers that it is just and equitable to do so, make any orders that it thinks fit.

  2. The orders may include (without limitation) an order—

  3. requiring the society or any other person to pay compensation to a member or former member; or
    1. regulating the future conduct of the society's operations or affairs; or
      1. appointing a receiver of the society; or
        1. directing the rectification of the records of the society; or
          1. putting the society into liquidation under subpart 4 of Part 5; or
            1. setting aside an action taken by the society or its committee in breach of this Act or the society’s constitution or its bylaws.

              1. No order may be made against the society or any other person under this section unless the society or person is a party to the proceeding.

              2. See sections 35 and 36 (which provide for a court to amend a society’s constitution, including where the constitution is operating, or is likely to operate, in an oppressive, unfairly discriminatory, or unfairly prejudicial manner).