Plain language law

New Zealand law explained for everyone

Incorporated Societies Act 2022

Register, regulations, amendments, and other miscellaneous provisions - Register of incorporated societies - Appeals against Registrar’s decisions

250: Exercise of powers under section 244 not affected by appeal

You could also call this:

"Appealing a decision doesn't stop the Registrar's powers"

Illustration for Incorporated Societies Act 2022

If you appeal or go to court about something the Registrar or someone they authorised did under section 244, it does not stop them from keeping their powers. You still have to do what you are supposed to do under that section, even if you are appealing. The Registrar can keep using their powers until the court makes a decision. If you win your appeal, the Registrar must destroy any copies of documents they took or kept, and they cannot use those documents as evidence in court unless it is fair.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS101147.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpGovernment and voting > Government departments
Previous

249: Appeals against Registrar’s decisions, or

"Challenging the Registrar's Decisions: How to Appeal"

Next

251: Sharing of information relating to charitable entities, or

"Sharing information about charities to help officials do their job"

Part 6Register, regulations, amendments, and other miscellaneous provisions
Register of incorporated societies: Appeals against Registrar’s decisions

250Exercise of powers under section 244 not affected by appeal

  1. If a person appeals or applies to the court in relation to an act or a decision of the Registrar, or of a person authorised by the Registrar, under section 244, until a decision on the appeal or application is given,—

  2. the Registrar, or that person, may continue to exercise the powers under that section as if no appeal or application had been made; and
    1. no person is excused from fulfilling an obligation under that section by reason of that appeal or application.

      1. Subsection (1) applies despite any other provision of any Act or any rule of law, but is subject to subsection (3).

      2. If the appeal or application is allowed or granted,—

      3. the Registrar must ensure that, promptly after the decision of the court is given, any copy of a document taken or retained by the Registrar, or by a person authorised by the Registrar in respect of that act or decision, is destroyed; and
        1. no document or other information acquired under section 245 in relation to that act or decision is admissible in evidence in any proceeding unless the court hearing the proceeding in which it is sought to offer the evidence is satisfied that it was not obtained unfairly.

          Compare