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Incorporated Societies Act 2022

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

182: Court may order that society not be removed

You could also call this:

"Court can stop a society being removed from the register if it's unfair"

Illustration for Incorporated Societies Act 2022

You can stop a society from being removed from the register if you object to the removal. You do this by giving a notice and applying to a court for an order. The court can make this order if it thinks the society should not be removed. You can only apply to the court if you object to the removal on certain grounds, which are listed in section 178(1)(e) to (g). The court looks at the grounds for removal, which are in section 178(1). If the court agrees with you, it can make an order to keep the society on the register.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101075.

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Topics:
Business > Industry rules
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181: Registrar must send information to person who requests removal, or

"Registrar sends you info when you ask to remove a society"

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183: Liability of officers, members, and others to continue, or

"Being responsible for things you did in a society that is no longer registered"

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

182Court may order that society not be removed

  1. A person who gives a notice objecting to a removal on a ground specified in section 178(1)(e) to (g) may apply to a court for an order that the society not be removed from the register.

  2. The court may, if it is satisfied that the society should not be removed from the register on any of the grounds in section 178(1), make an order that the society is not to be removed from the register.

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