New Zealand Legislation: Acts

281 Power of court to require officers to attend to explain non-compliance with statutory requirements

• (1) The court may at any time require any officer of a Maori incorporation to attend before the court and to explain any act or omission of any of the following kinds:

  • (a) failure to compile a list of unclaimed dividends and to transmit it to the Registrar in accordance with section 267(2):

  • (aa) failure to comply with section 274A(2):

  • (b) failure to keep accounts as required by section 276(1):

  • (c) failure to submit to a general meeting of shareholders a statement of financial position and statement of financial performance and such other statements and reports as are required by section 276:

  • (d) failure to file in the court the statement of financial position and other documents as required by section 276(7):

  • (e) failure to appoint an auditor as required by section 277:

  • (f) failure to transmit a copy of a special resolution to the Registrar in accordance with section 279(3):

  • (g) failure to keep, in the prescribed manner, a register of shareholders, and an index of shareholders:

  • (h) failure to hold, as prescribed, an annual general meeting of the shareholders:

  • (i) the making of any payment from the funds of the incorporation that is not authorised by or pursuant to this Part.

  (2) Where—

  • (a) the court is not satisfied with any explanation given to it under subsection (1); or

  • (b) where the officer fails to attend as required by the court under subsection (1) and either the officer fails to give a reason for the officer’s non-attendance or the court is not satisfied with the reason given by that officer for the officer’s non-attendance,—

  the court may exercise any of the powers conferred on it by section 280(7).

  (3) For the purposes of this section, the expression officer of an incorporation shall include a member of the committee of management of the incorporation, and the secretary of the incorporation.

  Compare: 1967 No 124 s 66(1)–(3)

  Section 281(1)(aa): inserted, on 1 July 2002, by section 42 of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).

  Section 281(1)(c): amended, on 13 December 2006, by section 14 of Te Ture Whenua Maori Amendment Act 2006 (2006 No 76).

  Section 281(1)(c): amended, on 1 October 1997, pursuant to section 6(1) of the Financial Reporting Amendment Act 1997 (1997 No 17).

  Section 281(1)(d): amended, on 1 October 1997, pursuant to section 6(1) of the Financial Reporting Amendment Act 1997 (1997 No 17).