Section 322 — Companies Act 1993: Duties of Registrar if objection received

322 Duties of Registrar if objection received (1) If an objection to the removal of a company from the New Zealand register is made on a ground specified in section 321(1)(a) , (b) , or (c) of this Act, the Registrar must not proceed with the removal unless the Registrar is satisfied that— (a) The objection has been withdrawn; or (b) Any facts on which the objection is based are not, or are no longer, correct; or (c) The objection is frivolous or vexatious. (2) If an objection to the removal of a company from the New Zealand register is made on a ground specified in section 321(1)(d) , (e) , or (f) of this Act, the Registrar must give notice to the person objecting that, unless notice of an application to the Court by that person for an order— (a) Under section 241(2)(c) of this Act, that the company be put into liquidation; or (b) Under section 323 of this Act, that, on any ground specified in section 321 of this Act, the company not be removed from the New Zealand register—

is served on the Registrar not later than 20 working days after the date of the notice, the Registrar intends to proceed with the removal. (3) If— (a) Notice of such an application to the Court is not served on the Registrar; or (b) The application is withdrawn; or (c) On the hearing of such an application, the Court refuses to grant either an order putting the company into liquidation or an order that the company not be removed from the New Zealand register,— the Registrar must proceed with the removal. (4) Every person who makes such an application must give the Registrar notice in writing of the decision of the Court within 5 working days of the decision being given. (5) The Registrar must send— (a) A copy of an objection under section 321 of this Act; and (b) A copy of a notice given by or served on the Registrar under this section; and (c) If the company is removed from the New Zealand register, notice of the removal—

to a person who sent or delivered to the Registrar a request that the company be removed from the New Zealand register under section 318(1)(d) of this Act or, while acting as liquidator, sent or delivered to the Registrar the documents referred to in section 318(1)(e) of this Act.