Incorporated Societies Act 2022

Enforcement

128: Part subject to exclusive jurisdiction under other legislation

You could also call this:

"Some laws are handled by specific courts that have the final say"

Illustration for Incorporated Societies Act 2022

You need to know that some laws have special rules that only certain courts can deal with. If a matter involves a society, its members, or its officers, and another law says that a specific court has exclusive jurisdiction, then that court is in charge. For example, if the society is a union, the Employment Authority or the Employment Court under the Employment Relations Act 2000 might have exclusive jurisdiction. You should understand that the court with exclusive jurisdiction can make orders and act like the High Court. This means they can make decisions about the matter as if they were the High Court. They have the power to do this because of the law. Sometimes, the court with exclusive jurisdiction might think it is better for the High Court to deal with the matter. If they think this, they can order that the matter be transferred to the High Court. The High Court can then deal with the matter as if someone had asked them to. The High Court can make decisions about the matter as if it were a normal application under this Part of the law. This means they can use their usual powers to deal with the matter. They can do this after the matter has been transferred to them from the other court.

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 It might be out of date or be missing some parts.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=LMS154500.

This page was last updated on View changes


Previous

127: Overview, or

"Rules to make sure societies are fair and follow the law"


Next

129: Court orders, or

"A court can make decisions to help incorporated societies follow their rules."

Part 4Enforcement

128Part subject to exclusive jurisdiction under other legislation

  1. This Part is subject to any other legislation that confers exclusive jurisdiction in relation to a matter involving a society, its members, or its officers (for example, if the society is a union, the exclusive jurisdiction of the Employment Authority or the Employment Court under the Employment Relations Act 2000).

  2. The court or tribunal that has exclusive jurisdiction may make orders and otherwise act in relation to the matter under this Part as if it were the High Court.

  3. Despite subsection (2), the court or tribunal may order that a proceeding or any part of it be transferred to and dealt with by the High Court under this Part if the court or tribunal making the order is satisfied that it is desirable to do so.

  4. The High Court may deal with the proceeding as if an application had been made to it under this Part.