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Credit Contracts and Consumer Finance Act 2003

Enforcement and remedies - Orders, injunctions, and prohibited enforcement - Injunctions

96: Injunctions

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"The court can stop people from breaking the law to protect you."

Illustration for Credit Contracts and Consumer Finance Act 2003

The court can stop someone from doing something that breaks the law. You can ask the court to do this if someone is breaking rules like section 9C or sections 9J and 9K. The court can also stop someone from trying to break these rules. The court can change or cancel an order it has made. You can ask for an order on behalf of someone else or a group of people. The Commission can also ask for an order like this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213176.

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97: Injunctions restraining conduct of particular kind, or

"Stopping someone from doing something that might cause harm"

Part 4Enforcement and remedies
Orders, injunctions, and prohibited enforcement: Injunctions

96Injunctions

  1. The court may, on the application of the Commission or any other person, grant an injunction restraining a person from engaging in conduct that constitutes, or would constitute, any of the following:

  2. a breach of any of the provisions of section 9C (lender responsibility principles) or of sections 9J and 9K:
    1. a breach of any of the provisions of Parts 2, 3, 3A, and 5A:
      1. any attempt to breach any of the provisions of section 9C, 9J, or 9K or of Part 2, 3, 3A, or 5A:
        1. aiding, abetting, counselling, or procuring any other person to breach any of the provisions of section 9C, 9J, or 9K or of Part 2, 3, or 3A:
          1. inducing, or attempting to induce, any other person, whether by threats, promises or otherwise, to breach any of the provisions of section 9C, 9J, or 9K or of Part 2, 3, or 3A:
            1. being in any way, directly or indirectly, knowingly concerned in, or party to, the breach by any other person of any of the provisions of section 9C, 9J, or 9K or of Part 2, 3, or 3A:
              1. conspiring with any other person to breach any of the provisions of section 9C, 9J, or 9K or of Part 2, 3, or 3A.

                1. The court may rescind or vary an injunction granted under this section.

                2. An application made by the Commission for the grant of an injunction may be made on behalf of a person or a class of persons.

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                Notes
                • Section 96(1)(aa): inserted, on , by section 63(1) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
                • Section 96(1)(a): replaced, on , by section 63(1) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
                • Section 96(1)(a): amended, on , by section 36(1) of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
                • Section 96(1)(b): amended, on , by section 36(2) of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).
                • Section 96(1)(b): amended, on , by section 63(2) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
                • Section 96(1)(c): amended, on , by section 63(2) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
                • Section 96(1)(d): amended, on , by section 63(2) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
                • Section 96(1)(e): amended, on , by section 63(2) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).
                • Section 96(1)(f): amended, on , by section 63(2) of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).