Section 239ADV — Companies Act 1993: Prohibition order

239ADV Prohibition order (1) The Court must make a prohibition order in relation to a person if it is shown to the satisfaction of the Court that that person is unfit to act as administrator or deed administrator by reason of persistent failures to comply or the seriousness of a failure to comply. (2) The period of the order is a matter for the discretion of the Court and the Court may make a prohibition period for an indefinite period. (3) A person to whom a prohibition order applies must not act as an administrator or deed administrator in a current or other administration. (4) The Court may make an order under this section in relation to a past or current administrator or deed administrator of a company in administration on the application of— (a) the company or a shareholder of the company; or (b) a creditor of the company; or (c) the administrator or deed administrator of the company; or (d) the Registrar; or (e) any other interested person. (5) In this section, failure to comply means a failure of an administrator or deed administrator to comply with a relevant duty arising— (a) under this or any other enactment or law or rules of court; or (b) under any order or direction of the Court made under this subpart. (6) In subsection (5), relevant duty includes the duty of a person in his or her capacity as liquidator of a company. (7) A copy of every order made under subsection (1) must, within 10 working days of the order being made, be delivered by the applicant to the Official Assignee for New Zealand who must keep it on a file indexed by reference to the name of the administrator or deed administrator concerned. Section 239ADV: inserted, on 1 November 2007, by section 6 of the Companies Amendment Act 2006 (2006 No 56).