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Credit Contracts and Consumer Finance Act 2003

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

98: Interim injunction

You could also call this:

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

Illustration for Credit Contracts and Consumer Finance Act 2003

You can apply to the court for an interim injunction to stop someone doing something. The court can grant this if they think it's a good idea. They consider if the person has done this before or if someone might get hurt. You don't need the other person to have done this before for the court to grant an injunction. The court also doesn't need to think someone will get hurt right away. If the Commission asks for an injunction, the court can't make them promise to pay damages. The court must decide based on the application, not because the Commission doesn't have to promise damages. This means the court looks at the application like any other, without considering the Commission's special situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213178.

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Topics:
Crime and justice > Courts and legal help
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97: Injunctions restraining conduct of particular kind, or

"Stopping someone from doing something that might cause harm"

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98A: Compliance orders, or

"What to do if someone breaks the rules: the court can make them follow the rules"

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

98Interim injunction

  1. This section applies if an application is made to the court for the grant of an interim injunction under section 96 restraining a person from engaging in conduct of a particular kind.

  2. The court may grant an interim injunction if the court is satisfied that it is desirable to do so,—

  3. whether or not the person has previously engaged in conduct of that kind; and
    1. whether or not there is an imminent danger of substantial damage to any person if that person engages in conduct of that kind.

      1. If the Commission applies to the court for the grant of an interim injunction, the court must not, as a condition of granting an interim injunction, require the Commission to give an undertaking as to damages.

      2. However, in determining the Commission's application for the grant of an interim injunction, the court must not take into account that the Commission is not required to give an undertaking as to damages.

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