Plain language law

New Zealand law explained for everyone

Incorporated Societies Act 2022

Enforcement - Financial gain

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

You could also call this:

"When can a member help a society in 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 bring a case or join a case that is already happening. You can do this to continue, defend, or stop the case on behalf of the society. You can only do this if the court is satisfied that the society is not going to take action. This means the society does not plan to bring, defend, or continue a case. The court must also think it is best for the society if you are allowed to act on its behalf. The court will consider if the society has stopped a case or does not intend to take action. It will also think about if it is in the society's interests for you to be in charge of the case. This is instead of the society's officers or members making decisions about the case.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101032.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal help
Previous

143: Society may recover financial gain from member, or

"A society can get back money a member gained unfairly"

Next

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

"What the court thinks about when deciding to let you start a case"

Part 4Enforcement
Financial gain

144When 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. bring a proceeding 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 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.