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Incorporated Societies Act 2022

Enforcement - Financial gain

148: Costs of action by member, officer, or Registrar to be met by society

You could also call this:

"The society must pay costs if you take action against them and the court agrees."

Illustration for Incorporated Societies Act 2022

You can ask the court to make a society pay some or all of the costs of taking action. This can happen if you were given permission under section 144 or if the Registrar asks. The court will decide if the costs are reasonable. You might not have to pay the costs if the court thinks it is unfair. The court makes this decision when you ask them to make the society pay. The society has to pay if the court agrees. The court's decision is final and you must follow it. The society pays the costs that the court decides are fair. This helps make sure that people can take action without worrying about the costs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS268806.

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147: Powers of court where leave granted, or

"What the court can do to help with a case"

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149: Registrar may bring proceeding to recover financial gain, or

"The Registrar can take a society to court to get back unfair gains."

Part 4Enforcement
Financial gain

148Costs of action by member, officer, or Registrar to be met by society

  1. The court must, on the application of a person to whom leave was granted under section 144 or of the Registrar, order that the society must meet the whole or a part of the reasonable costs of bringing or intervening in a proceeding under this subpart.

  2. Subsection (1) does not apply if the court considers that it would be unjust or inequitable for the society to bear those costs.