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Incorporated Societies Act 2022

Removal from register, amalgamation, liquidation, and other processes - Removal from register - Restoration to register

188: Court may order restoration of society

You could also call this:

"A court can put a society back on the register if it's fair and reasonable."

Illustration for Incorporated Societies Act 2022

You can ask a court to put a society back on the register. The court can agree if it thinks the society should not have been removed. This can happen if the society was still operating or had a good reason to exist when it was removed. You might be able to ask the court to do this if you are a certain type of person. The court can choose to let other people ask too. The court will consider things like whether the society was involved in a legal case or owed money to someone. The court can also agree to put the society back on the register if it thinks this is fair and reasonable. You can ask the court to do this if you think the society has a right to take action under Part 4. The court will make a decision based on what it thinks is fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101080.

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Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rules
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187: Registrar must not restore society if objection received, or

"The Registrar can't put a society back on the list if someone objects."

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189: Registrar or court may require provisions of this Act or regulations to be complied with, or

"Follow the rules to get back on the register"

Part 5Removal from register, amalgamation, liquidation, and other processes
Removal from register: Restoration to register

188Court may order restoration of society

  1. A court may, on the application of a person referred to in subsection (2), order that a society be restored to the register if it is satisfied that,—

  2. at the time the society was removed from the register,—
    1. the society was still operating or another reason existed for the society to continue in existence; or
      1. the society was a party to a legal proceeding; or
        1. the society was in receivership or liquidation, or both; or
          1. the applicant was a creditor or another person who had an undischarged claim against the society; or
            1. the applicant believed that there existed, and intended to pursue, a right of action on behalf of the society under Part 4; or
            2. for any other reason it is just and equitable to restore the society to the register.

              1. The following persons may apply:

              2. any person who is prescribed by the regulations:
                1. the Registrar:
                  1. with the leave of the court, any other person.

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