New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The Court may appoint one or more persons (in this section referred to as examining officers) to investigate the affairs of a Maori incorporation and to report to the Court in such manner as the Court directs.
(2) The person or persons so appointed may (with the consent of the Chief Executive) be officers of the Ministry.
(3) The Court's jurisdiction under subsection (1) of this section may be exercised—
(a) On the application of shareholders together owning not less than one-tenth of the shares; or
(b) Pursuant to a declaration by special resolution passed by a general meeting of shareholders that the affairs of the incorporation should be investigated
(c) [Repealed]
(4) It shall be the duty of the members of the committee of management of the incorporation, and the secretary, and other officers or servants of the incorporation (whether past or present),—
(a) To produce to the examining officers all books and papers of or relating to the incorporation, and otherwise to give to the examining officers all assistance that they are reasonably able to give; and
(b) To furnish any explanation required, pursuant to any direction of the Court, on any matter or question referred to in any report of the examining officers.
(5) If any person fails in any duty imposed on that person by subsection (4) of this section, the Court may inquire into the failure and, after hearing any witnesses who may be produced against or on behalf of the alleged offender, and after hearing any statement that may be offered in defence, punish the offender in like manner as if the offender had been guilty of contempt of Court.
(6) Where, after having considered the reports of the examining officers and any explanation that has been furnished under subsection (5) of this section, the Court is of the opinion that any matter or question affecting the incorporation should be the subject of inquiry at a sitting of the Court, or that a prima facie case for the exercise of any of the powers conferred upon the Court by subsection (7) of this section has been established, the Court may appoint a time and place for a sitting of the Court and give such directions for service of notice of the sitting, and of the matters to be dealt with, as it thinks fit.
(7) Where, as the result of any investigation or examination into the affairs of a Maori incorporation, the Court thinks it necessary to do so, it may, notwithstanding any of the provisions of this Part of this Act, do all or any of the following:
(a) Remove from office any member or members of the committee of management or the secretary of the incorporation:
(b) Appoint, for such period as it thinks fit, some person or persons to hold office as an additional member or additional members of the committee of management:
(c) Suspend for such term as it thinks fit the powers of the members of the committee of management, and appoint one or more competent persons to exercise all the powers of the committee:
(d) Impose such restrictions, conditions, or exceptions as it thinks fit on the powers of the incorporation:
(e) Give such directions as it thinks fit for the conduct of the business of the incorporation:
(f) Suspend for such period as the Court thinks fit all or any of the provisions of the constitution of the incorporation:
(g) Order the winding up of the incorporation:
(h) Refer any matter to the Attorney-General to consider whether any information should be laid or any prosecution commenced against any person or persons.
(8) The Court may, before appointing an examining officer in respect of a Maori incorporation, require security for the cost of the examination, to be given by the applicant; and may, on completion of the investigation or at any stage of it, make such order as it thinks fit for the payment, by the incorporation or by a shareholder or any other person, of a reasonable sum to defray the costs of the examination and of any inquiry before the Court.
(9) The Court may, in respect of any vacancies in the membership of a committee of management of a Maori incorporation created by the exercise of its powers under subsection (7)(a) of this section,—
(a) Order an election to fill the vacancies; or
(b) Fill the vacancies by appointment under section 269(5) of this Act; or
(c) Order that the vacancies remain unfilled pending a further order of the Court.
(10) Any additional member appointed to a committee of management pursuant to subsection (7)(b) of this section shall hold office in accordance with the terms of the order notwithstanding anything in the constitution of the incorporation, but for all other purposes shall have all the powers and be subject to all the provisions relating to the members of the committee.
(11) The appointment of any such member may at any time be terminated by the Court, notwithstanding that the period for which the member was appointed has not yet expired.
Compare: 1967 No 144 s 61; 1970 No 120 s 10
Subsection (3)(b) was amended, as from 1 July 2002, by section 41(a) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16) by omitting the expression “; or”
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Subsection (3)(c) was repealed, as from 1 July 2002, by section 41(b) Te Ture Whenua Maori Amendment Act 2002/Maori Land Amendment Act 2002 (2002 No 16).