Incorporated Societies Act 2022

Enforcement - Banning order

172: Right to appear and give evidence

You could also call this:

"Your right to speak up in court and share your thoughts"

Illustration for Incorporated Societies Act 2022

You have the right to appear and give evidence in certain situations. When the Registrar, the Official Assignee, or the liquidator makes an application, you can appear and give evidence. You can also appear and give evidence if you are applying for leave under section 168(2). The Registrar, the Official Assignee, or the liquidator must tell the court about any important matters. They can also give evidence or call witnesses to support their case. This helps the court make a fair decision. You can participate in the hearing and have your say. The court will consider all the information before making a decision. This is an important part of the process to ensure everyone is heard.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS254735.

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171: Applications for orders, or

"Asking a court to make a decision about a society"


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173: Liability for contravening banning order, or

"Breaking a banning order can make you personally responsible for paying the society's debts."

Part 4Enforcement
Banning order

172Right to appear and give evidence

  1. This section applies on the hearing of—

  2. an application for an order under this subpart by the Registrar, the Official Assignee, or the liquidator; or
    1. an application for leave under section 168(2) by a person against whom an order has been made on the application of the Registrar, the Official Assignee, or the liquidator.
      1. The Registrar, the Official Assignee, or the liquidator (as the case may be)—

      2. must appear and call the attention of the court to any matters that seem to them to be relevant; and
        1. may give evidence or call witnesses.