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Incorporated Societies Act 2022

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

190: Other court orders

You could also call this:

"Courts can make orders to help a removed society and fix problems when it's restored"

Illustration for Incorporated Societies Act 2022

You can apply to have a society restored to the register under section 185 or section 188. If this happens, a court can give directions or make orders to put the society back in the same position as before it was removed. The court can do this on its own or if the Registrar or the person applying for restoration asks it to. You should know that the court's directions or orders are meant to help the society and other people affected by its removal. The court wants to make things as fair as possible for everyone involved. It can make decisions about what should happen to the society's assets and how to fix any problems caused by its removal. However, if the society's surplus assets have already been properly disposed of under subpart 5, the court cannot order them to be returned to the society. This means that if the assets have been sold or given away correctly, they will not be given back to the society. The court's main goal is to make things fair and fix any problems, but it must follow the rules about what has already been done with the society's assets.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101082.

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Business > Industry rules
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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"

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191: Amalgamations, or

"Combining two or more groups into one"

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

190Other court orders

  1. This section applies if a society is restored to the register under section 185 or its restoration to the register is ordered under section 188.

  2. A court may, on the application of the Registrar or the applicant for restoration or on its own motion, give any directions or make any orders that may be necessary or desirable for the purpose of placing the society and any other persons as nearly as possible in the same position as if the society had not been removed from the register.

  3. However, a direction or an order may not require the return to the society of any surplus assets that have been properly disposed of under subpart 5.

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