Hauraki District Council v Paeroa Centennial Park Board Incorporated

[2023] NZHC 2206

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA

KIRIKIRIROA ROHE

CIV-2023-419-172

[2023] NZHC 2206

UNDER

the Incorporated Societies Act 1908 and the Companies Act 1993

IN THE MATTER

of an application for the liquidation of the Paeroa Centennial Park Board Incorporated

BETWEEN

HAURAKI DISTRICT COUNCIL

Plaintiff

AND

PAEROA CENTENNIAL PARK BOARD INCORPORATED

Defendant

Hearing:

16 August 2023 (via AVL)

Counsel:

M D Branch for Plaintiff

No appearance by or on behalf of Defendant

Judgment:

16 August 2023

JUDGMENT OF BREWER J

Solicitors:

Harkness Henry (Hamilton) for Plaintiff

HAURAKI DISTRICT COUNCIL v PAEROA CENTENNIAL PARK BOARD INCORPORATED [2023] NZHC 2206 [16 August 2023]

[1]                 The matter before me is an application by the Hauraki District Council to put into liquidation an incorporated society called the Paeroa Centennial Park Board Incorporated (the Park Board).

[2]                 The necessary advertising has been done and there are affidavits which confirm the factual background.

[3]                 This appears to be an entirely straightforward matter. I accept and rely on the submissions of Mr Branch for the plaintiff, who set out the background.

[4]                 The Park Board was incorporated to control grounds and a clubhouse. According to the set of rules, it was controlled by representatives of the Council, a rugby club and a cricket club. The rugby club ceased to exist in 2021 and the cricket club ceased to exist in 2007. The Park Board is accordingly dormant. It cannot function. There is no quorum. Effectively the plaintiff Council is the only body interested in the assets of the Park Board.

[5]                 Mr Branch also tells me that if nothing is done the Park Board will cease to exist in April 2026 through the operation of the Incorporated Societies Act.

[6]                 No person has appeared today to claim an interest separate from that of the plaintiff Council. I record that I had the case called outside the courtroom.

[7]                 Mr Branch does seek an abridgement of time. The necessary service of the proceedings on the Park Board (which, from what I have said, means essentially the plaintiff Council as the only surviving body with an interest) was put on the door of the clubhouse and there are three days for the statutory period to expire. Under the circumstances, I grant abridgement of time.

[8]                 Mr Branch has handed up consent to act as liquidators. The liquidators proposed are Messrs Paul Thomas Manning and Thomas Lee Rodewald.

[9]                 Under these circumstances, I make an order putting the Paeroa Centennial Park Board Incorporated into liquidation.

[10]I appoint Paul Thomas Manning and Thomas Lee Rodewald as liquidators.

[11]I record the time as 9.15 am.

Brewer J