NGATI KIKOPIRI MARAE MAORI KOMITI INCORPORATED SOCIETY V TE RUNANGA O RAUKAWA INCORPORATED HC PMN CIV-2005-454-409

NGATI KIKOPIRI MARAE MAORI KOMITI INCORPORATED SOCIETY V TE RUNANGA O RAUKAWA INCORPORATED HC PMN CIV-2005-454-409

The amendment process did not comply with the society's rule 13 and statutory requirements: notices did not properly set out proposed amendments or provide required notice, the meetings were inquorate because proxies could not be counted absent express provision, and the amendments were not confirmed at a second general meeting; accordingly the conditions precedent in s 21(3A) were not fulfilled and the Court must declare the alterations void and cancel the registration.

Citation
openlaw-6f0b34be_5769_42c8_b208_c9e831409df6.pdf
Parties
First Plaintiff: NGATI KIKOPIRI MARAE MAORI KOMITI INCORPORATED SOCIETY; Second Plaintiff: NGAWINI MERETENE KUITI; First Defendant: TE RUNANGA O RAUKAWA INCORPORATED; Second Defendant: THE REGISTRAR OF INCORPORATED SOCIETIES
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 August 2006
Procedural Posture
Incorporated Societies Act / Constitutional Amendment Challenge / Judgment
Outcome
Declared the purported alterations void and ordered cancellation of the registration
Legal Topics
Rule Amendment Procedures, Notice Requirements, Quorum and Proxies, Judicial Discretion Under S 21(3 A), Validation and Registration of Alterations
Administrative Law Incorporated Societies Law Statutory Interpretation Maori/iwi Governance Rule Amendment Procedures Notice Requirements Quorum and Proxies Judicial Discretion Under S 21(3 A) +1 more

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Parties

NGATI KIKOPIRI MARAE MAORI KOMITI INCORPORATED SOCIETY

First Plaintiff

NGAWINI MERETENE KUITI

Second Plaintiff

TE RUNANGA O RAUKAWA INCORPORATED

First Defendant

THE REGISTRAR OF INCORPORATED SOCIETIES

Second Defendant

Procedural Posture

Incorporated Societies Act / Constitutional Amendment Challenge / Judgment

Legal Issues

  1. 1 Whether the Runanga complied with rule 13(1)–(4) of its 1991 rules in effecting constitutional amendments
  2. 2 Whether 14 days' notice and notices setting out proposed amendments were given
  3. 3 Whether quorum requirement (over 50% present) was met and whether proxies could be counted absent express provision

Ratio Decidendi

The amendment process did not comply with the society's rule 13 and statutory requirements: notices did not properly set out proposed amendments or provide required notice, the meetings were inquorate because proxies could not be counted absent express provision, and the amendments were not confirmed at a second general meeting; accordingly the conditions precedent in s 21(3A) were not fulfilled and the Court must declare the alterations void and cancel the registration.

Court Disposition

Declared the purported alterations void and ordered cancellation of the registration

Orders

  • Declaration under s 21(3A) of the Incorporated Societies Act 1908 that the alterations purportedly made as referred to in the declaration of Richard Orzecki dated 21 December 2004 are void
  • Order that the registration effected by the Registrar pursuant to that declaration be cancelled