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Incorporated Societies Act 2022

Removal from register, amalgamation, liquidation, and other processes - Removal from register - Procedural requirements before removal

180: Objections under section 178(1)(e) to (g)

You could also call this:

"Objecting to a society being removed from the register"

Illustration for Incorporated Societies Act 2022

You can object to a society being removed under section 178(1)(e) to (g). If you do, the Registrar may tell you that they will remove the society unless you apply to a court within 20 working days. The Registrar will wait for your application. You must apply to a court under section 182 or 212. The Registrar can remove the society if you do not apply, or if you withdraw your application, or if the court does not agree with your application. If you apply to a court, you must tell the Registrar what the court decides within 5 working days. You must also tell the Registrar if you withdraw your application within 5 working days.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101073.

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Part 5Removal from register, amalgamation, liquidation, and other processes
Removal from register: Procedural requirements before removal

180Objections under section 178(1)(e) to (g)

  1. If an objection is made under section 178(1)(e) to (g), the Registrar may give notice to the person objecting that, unless notice of a specified application is served on the Registrar not later than 20 working days after the date of the Registrar’s notice, the Registrar intends to proceed with the removal.

  2. In this section, a specified application is an application to a court under section 182 or 212.

  3. The Registrar may proceed with a removal if—

  4. notice of a specified application is not served on the Registrar; or
    1. the specified application is withdrawn; or
      1. on the hearing of the specified application, the court refuses to grant either an order putting the society into liquidation or an order that the society not be removed from the register.

        1. A person who makes a specified application must give the Registrar notice in writing of the decision of the court within 5 working days after the decision is given.

        2. If a specified application is withdrawn, the person who made the specified application must, within 5 working days, give the Registrar notice in writing of the withdrawal.

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