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Partnership Law Act 2019

Financial reporting, dissolution of partnership, and other miscellaneous provisions - End of partnership - How partnership may end

73: Application to court

You could also call this:

"You can ask a court to end a partnership when there are problems"

You can ask a court to end a partnership in certain situations. If a partner has become permanently incapable of doing their job, you or someone acting for that partner can apply to the court. The people who can act for that partner include their manager (appointed under a special law), their next friend, or someone who has the right to get involved.

If a partner has done something that might end the partnership, like breaking the partnership agreement or doing something illegal, any other partner can ask the court to end the partnership.

In some other cases, like when it's no longer possible to run the business or when it's fair to end the partnership, any partner can apply to the court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS206090.

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Part 4Financial reporting, dissolution of partnership, and other miscellaneous provisions
End of partnership: How partnership may end

73Application to court

  1. An application, in the case of section 72(a),—

  2. may be made by any partner; or
    1. may be made on behalf of the partner referred to in that paragraph by—
      1. the partner’s manager appointed under the Protection of Personal and Property Rights Act 1988; or
        1. the partner’s next friend; or
          1. a person who is entitled to intervene.

          2. An application, in the case of paragraph (b), (c), or (d) of section 72, may be made by any partner other than the partner referred to in that paragraph.

          3. An application, in the case of section 72(e) or (f), may be made by any partner.

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