Credit Contracts and Consumer Finance Act 2003

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

97: Injunctions restraining conduct of particular kind

You could also call this:

"Stopping someone from doing something that might cause harm"

Illustration for Credit Contracts and Consumer Finance Act 2003

You can apply to the court for an injunction to stop someone doing something. The court can grant this injunction if they think the person has done this thing before. The court can also grant the injunction if they think the person will do this thing again, even if they have not done it before. You do not need to show that the person intends to do this thing again for the court to grant the injunction. The court just needs to think it is likely the person will do this thing if the injunction is not granted. This can happen even if the person has not done this thing before, or if there is a risk of someone getting hurt if the person does this thing. The court makes this decision based on the information given to them, as outlined in section 96. They consider what the person has done and what they might do in the future. This helps the court decide whether to grant the injunction to stop the person doing something that might cause harm.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213177.

This page was last updated on 1 January 2026 — View changes

Topics:

Crime and justice > Courts and legal helpCrime and justice > Police and safety

96: Injunctions, or

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

98: Interim injunction, or

"A court order to stop someone doing something harmful until a decision is made."

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

97Injunctions restraining conduct of particular kind

This section applies if an application is made to the court for the grant of an injunction under section 96 restraining a person from engaging in conduct of a particular kind.
The court may grant the injunction—
if it is satisfied that the person has engaged in conduct of that kind (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); or
if it is satisfied that it is likely that the person will engage in conduct of that kind in the event that an injunction is not granted,—
1. whether or not the person has previously engaged in conduct of that kind; and
2. whether or not there is an imminent danger of substantial damage to any person if that person engages in conduct of that kind.

Compare

1986 No 121 s 41(3), (4)