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Incorporated Societies Act 2022

Enforcement - Court orders enforcing officers’ duties

136: Matters court must have regard to in determining whether to grant leave

You could also call this:

"What the court thinks about when deciding whether to let you take action"

Illustration for Incorporated Societies Act 2022

When you are asking a court for permission to take action, the court thinks about a few things. The court considers how likely it is that you will succeed in your case. The court also thinks about the costs of taking the action compared to what you might gain. The court looks at what the society has already done to solve the problem. The court considers what is best for the society in deciding whether to start, continue, or stop the court case. You can find more information about this in the Incorporated Societies Act 2022, specifically in the section about Enforcement.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS254727.

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Topics:
Crime and justice > Courts and legal help
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135: When member or officer may apply or intervene in proceeding on behalf of society, or

"When can a member or officer take a society's case to court?"

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137: Other matters relating to leave application, or

"Telling the society about a leave application"

Part 4Enforcement
Court orders enforcing officers’ duties

136Matters court must have regard to in determining whether to grant leave

  1. The court must, in determining whether to grant leave, have regard to—

  2. the likelihood of the proceeding succeeding:
    1. the costs of the proceeding in relation to the relief likely to be obtained:
      1. any action already taken by the society to obtain relief:
        1. the interests of the society in the proceeding being commenced, continued, defended, or discontinued.