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Incorporated Societies Act 2022

Enforcement - Miscellaneous provisions relating to applications

151: Court may refuse to consider application

You could also call this:

"The court can say no to your application if it's not important or you're not the right person."

Illustration for Incorporated Societies Act 2022

You can apply to a court under subparts 1 to 4, but the court may refuse your application. The court can do this if they think the issue is not important or you are not the right person to make the application. The court considers things like how important the issue is and if there are other ways to resolve it. You can also be charged costs if the court thinks you made the application unreasonably. This can happen if the court believes the issue is not significant or if you delayed the process. The court looks at factors like the type of society, the time that has passed, and the costs involved. The court may refuse your application if they think it is not a genuine attempt to resolve an issue. This can happen if the court thinks you are wasting their time or if the application is not in the best interest of the public. The court has the power to make decisions about applications under subparts 1 to 4, including subparts 1 to 4.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101037.

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Topics:
Crime and justice > Courts and legal help
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150: Limit on Registrar’s power to apply, or

"Registrar's Power to Apply: Only When it's in the Public Interest"

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152: Applications by former members, or

"Former members can apply to a society if they were a member in the last 6 months."

Part 4Enforcement
Miscellaneous provisions relating to applications

151Court may refuse to consider application

  1. A court may refuse to make an order on an application under subparts 1 to 4 or may make an order for costs against a party, whether successful or not, if it is of the opinion that—

  2. the issue raised in the application is trivial; or
    1. the applicant is not an appropriate person to bring the application; or
      1. it was unreasonable to make the application having regard to 1 or more of the following:
        1. the importance of the issue:
          1. the nature of the society:
            1. the availability of any other method of resolving the issue:
              1. the costs involved:
                1. the lapse of time:
                  1. acquiescence:
                    1. any other relevant circumstance; or
                    2. the conduct of any party has unreasonably prolonged a dispute or increased the costs of the proceeding; or
                      1. the application is frivolous or vexatious or otherwise not in the public interest.