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Radiocommunications Act 1989

Enforcement and remedies - Civil proceedings

118: Injunction may be granted for contravention of section 103

You could also call this:

"The High Court can stop someone breaking radiocommunications rules"

Illustration for Radiocommunications Act 1989

You can go to the High Court to stop someone from doing something that breaks the rules in section 103 of the Radiocommunications Act 1989. The High Court can stop someone from doing something that helps or encourages others to break these rules. You can ask the High Court to do this if you are the Secretary or someone who is affected by what the person is doing. The High Court can also change or cancel an injunction at any time. If you ask the High Court to stop someone from doing something, they can make a decision if they think the person has done it before. The High Court can also make a temporary decision to stop the person from doing it, even if they are not sure what the person will do next. The High Court is making these decisions to stop people from breaking the rules in section 103 of the Radiocommunications Act 1989, which you can read about in section 103. This can include things like helping someone break the rules or encouraging them to do so. The High Court wants to make sure people follow the rules and do not break the law. You can ask for help from the High Court if you think someone is breaking these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197354.

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117: Actions for damages for contravention of section 103, or

"Paying for breaking radiocommunications rules"

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119: Injunction may be granted for failure to comply with section 107(3), or

"Court can stop someone breaking radiocommunications rules"

Part 14Enforcement and remedies
Civil proceedings

118Injunction may be granted for contravention of section 103

  1. The High Court may, on the application of the Secretary or of any rightholder affected by the conduct to which the application relates, grant an injunction restraining a person from engaging in conduct that constitutes or would constitute any of the following:

  2. a contravention of section 103:
    1. aiding, abetting, counselling, or procuring the contravention of that section:
      1. inducing by threats, promises, or otherwise the contravention of that section:
        1. being in any way directly or indirectly, knowingly concerned in, or party to, the contravention of that section:
          1. conspiring with any other person in the contravention of that section.

            1. The High Court may at any time rescind or vary an injunction granted under this section.

            2. Where an application is made to the High Court under this section for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the High Court may,—

            3. if it is satisfied that the person has engaged in conduct of that kind, grant an injunction restraining the person from engaging in conduct of that kind; or
              1. if in the opinion of the court it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind,—
                  1. whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind.