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Financial Service Providers (Registration and Dispute Resolution) Act 2008

Registration - Registrar’s inspection powers

39: Exercise of powers under section 37 not affected by appeal

You could also call this:

"Appeals don't stop the Registrar's actions, but court decisions must be followed"

If you appeal or ask the High Court about something the Registrar or someone they authorised did under section 37, the Registrar or that person can keep using their powers as if you hadn't appealed. You still have to do what section 37 says, even if you've appealed.

However, if the court agrees with your appeal, the Registrar must make sure any copies of documents they took or kept under section 37 are destroyed as soon as they can after the court's decision. Also, any information they got using section 37 can't be used as evidence in court unless the judge thinks it wasn't obtained unfairly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1109547.

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Part 2Registration
Registrar’s inspection powers

39Exercise of powers under section 37 not affected by appeal

  1. Despite any other provision of any Act or any rule of law, if a person appeals or applies to the High Court in relation to an act or decision of the Registrar or a person authorised by the Registrar under section 37, until a decision on the appeal or application is given,—

  2. the Registrar, or that authorised person, may continue to exercise the powers under that section as if no such appeal or application had been made; and
    1. no person is excused from fulfilling an obligation under that section by reason of that appeal or application.

      1. Subsection (3) overrides subsection (1).

      2. If the appeal or application is allowed or granted,—

      3. the Registrar must ensure that, as soon as is reasonably practicable after the court’s decision is delivered, any copy of a document taken or retained under section 37 is destroyed; and
        1. no information acquired under section 37 is admissible in evidence in any proceedings unless the court hearing the proceedings in which it is sought to adduce the evidence is satisfied it was not obtained unfairly.

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