New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Appeal from registrar decision

  • 4 May 2020

    COMMERCIAL MANAGEMENT LTD v COMMISSIONER OF INLAND REVENUE [2020] NZHC 891 [4 May 2020]

    Citation
    [2020] NZHC 891
    Court
    High Court

    The Registrar was correctly struck out as respondent because he was named in breach of High Court Rules r 20.9(2); s 370 of the Companies Act does not oblige naming the decision-maker as a respondent to bind him; the Commissioner was granted leave to intervene because she has a direct interest in the appeals and her participation would materially assist the Court.

    • Company restoration
    • Appeal from registrar decision
    • Intervention by interested party
    • Striking out respondent
    • Statutory interpretation
    • Tax avoidance (russell template)

  • 19 Sept 2006

    FEDERATED FARMERS OF NEW ZEALAND INCORPORATED V FEDERATED FARMERS OF NEW ZEALAND (NORTHLAND PROVINCE) INCORPORATED AND ANOR CA CA162/05

    Citation
    openlaw-39adb02b_f999_422a_82ab_d2b0304fff8d.pdf
    Court
    Court of Appeal

    The Registrar was entitled to form the opinion under s11A(1)(b) that Northland's registered name was undesirable because the distinctive phrase 'Federated Farmers' coupled with 'Northland Province' implied a provincial relationship with the Federation that no longer existed in practice; the High Court erred in reversing the Registrar and in deferring the name decision due to related litigation, so the Registrar's direction to change the name is restored.

    • Change of society name
    • Registrar powers under s11a
    • Undesirable name doctrine
    • Branch vs parent society membership
    • Appeal from registrar decision