Credit Contracts and Consumer Finance Act 2003

Enforcement and remedies - Orders, injunctions, and prohibited enforcement - Compliance and similar orders

98A: Compliance orders

You could also call this:

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

Illustration for Credit Contracts and Consumer Finance Act 2003

You can go to court if someone breaks the rules. The court can make them follow the rules or fix any problems they caused. The court can also make them do something to stop any more problems from happening. You can ask the court to make someone comply with the rules if they have done something wrong, as stated in section 96. The court can tell them to do what they are supposed to do, or to fix any damage they have caused. They can also be told to do something to avoid causing any more problems. The court can make these orders with any conditions they think are necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS347752.

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98: Interim injunction, or

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


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98B: Order to disclose information or publish advertisement, or

"Court can order someone to tell the truth or say sorry publicly"

Part 4Enforcement and remedies
Orders, injunctions, and prohibited enforcement: Compliance and similar orders

98ACompliance orders

  1. The court may, on the application of the Commission, make an order to do 1 or more of the things in subsection (2) if, in the opinion of the court, a person has engaged in conduct, or is likely to engage in conduct, that constitutes, or would constitute, any of the things referred to in section 96 (a breach).

  2. An order may—

  3. direct a person to comply with a provision referred to in section 96:
    1. require a person to remedy or mitigate any adverse effect arising from the breach:
      1. require a person to do something that, in the opinion of the court, is necessary or desirable in order to comply with that provision or to avoid, remedy, or mitigate any actual or likely adverse effect arising from the breach.
        1. A compliance order may be made on any terms and conditions as the court thinks fit.

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        Notes
        • Section 98A: inserted, on , by section 37 of the Credit Contracts Legislation Amendment Act 2019 (2019 No 81).