In 2005, a group sought our assistance as they believed they were members of the Cook Island Community Centre Society Incorporated (“CICCS”) that were being excluded without good reason from the CICCS and its centre.

We discovered that over the preceding years, a small number of people had taken over the running of the CICCS and its centre.  They refused public access to the centre and failed to recognise individuals as members of the CICCS.  They allowed their friends and family to use the centre, but excluded others from it (or insisted on a large fee being paid).  They were failing to comply with the Rules of the CICCS and the Cook Island Community was divided.

High Court proceedings were commenced in 2006 and set down for a week long hearing.  A settlement was reached part way through the hearing, which appointed an interim board consisting of members of the Cook Island community from both factions, as well as two independent professional advisers, to open membership of the CICCS to all Cook Islanders in Hawke’s Bay and subsequently an election was held.

A record number of Cook Islanders attended the AGM to cast their vote and a new executive committee to run the CICCS was elected.  Unfortunately, the small group which had taken control of the CICCS refused to give it up (despite the results of the election not being in their favour).  They commenced Court proceedings against the new members of the executive committee, claiming (amongst other things) that the AGM was not constitutional and that the executive committee was not acting in accordance with the rules of the CICCS.

Eventually these proceedings were withdrawn by the outgoing faction and Court costs were awarded in favour of the CICCS against the outgoing faction.  New elections have since been held at which the executive committee members were appointed for a further term.  The Society now has many more members and it is pleasing to see membership open to all members of the Cook Island Community living in Hawke’s Bay.  It is also pleasing to see the Rules and Constitution of the CICCS being adhered to once more and the CICCS centre being used as a “home” to the many Cook Islanders both living in, and visiting, Hawke’s Bay.  

Mark von Dadelszen and Rebecca Blunden worked closely with the members of the CICCS in achieving this result.  If you would like further information about Incorporated Societies, or you require advice regarding the Constitution or Rules of your Club or Society, please contact a member of the Civil Litigation/Resource Management Team, Mark von Dadelszen, Bruce Gilmour, Rebecca Blunden or Mike Wakefield.