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New Zealand law explained for everyone

Incorporated Societies Act 2022

Enforcement - Court orders enforcing society’s constitution or bylaws

131: When decision maker has lack of jurisdiction

You could also call this:

"What happens when a decision maker is not allowed to make a decision?"

Illustration for Incorporated Societies Act 2022

You are looking at a law about when a decision maker does not have the power to make a decision. This happens when the decision maker is not allowed to look into the matter, or they make a decision that is not part of their job. The decision maker also lacks power if they act in bad faith, as mentioned in section 130(2)(c).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS254726.

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Part 4Enforcement
Court orders enforcing society’s constitution or bylaws

131When decision maker has lack of jurisdiction

  1. For the purposes of section 130(2)(c), a decision maker has a lack of jurisdiction only where,—

  2. in the narrow and original sense of the term jurisdiction, the decision maker has no entitlement to enter upon the inquiry in question; or
    1. the decision is outside the classes of decisions that the decision maker is authorised to make; or
      1. the decision maker acts in bad faith.