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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Enforcement powers - Injunctions

162: Injunctions restraining commission of offences and breaches of bylaws

You could also call this:

“Courts can order people to stop breaking local rules”

The District Court can stop someone from breaking a local bylaw or committing an offence against the Local Government Act 2002. They do this by granting an injunction, which is a legal order that tells someone to stop doing something. A local authority can ask the court for this injunction.

The court can grant an injunction even if other laws say something different. They can also grant it whether or not someone has already started legal proceedings about the breach or offence.

If someone has been found guilty of breaking a bylaw or committing an offence, the court can grant an injunction instead of or in addition to any other punishment. They can also grant it in later legal proceedings.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173422.

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Government and voting > Local councils
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Part 8 Regulatory, enforcement, and coercive powers of local authorities
Enforcement powers: Injunctions

162Injunctions restraining commission of offences and breaches of bylaws

  1. The District Court may, on the application of a local authority, grant an injunction restraining a person from committing a breach of a bylaw or an offence against this Act.

  2. An injunction may be granted under subsection (1)—

  3. despite anything in any other enactment:
    1. whether or not proceedings in relation to the breach or offence have been commenced:
      1. if a person is convicted of the breach or offence,—
        1. in substitution for, or in addition to, any other penalty; or
          1. in subsequent proceedings.

          Compare
          Notes
          • Section 162(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).