Incorporated Societies Act 2022

Enforcement - Financial gain

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

You could also call this:

"What the court thinks about when deciding to let you start a case"

Illustration for Incorporated Societies Act 2022

When you are asking a court for permission to start a proceeding, the court thinks about a few things. The court considers how likely it is that you will succeed in the proceeding. The court also thinks about the costs of the proceeding and how they compare to what you might gain. The court looks at what the society has already done to get relief. The court considers what is best for the society in terms of starting, continuing, defending, or stopping the proceeding. You can find more information about this in the Incorporated Societies Act 2022, under 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=LMS254728.

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144: When member or officer may apply or intervene in proceeding on behalf of society, or

"When can a member help a society in court?"


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146: Other matters relating to leave application, or

"What happens when you ask to take a break from being part of a society"

Part 4Enforcement
Financial gain

145Matters 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.