Credit Contracts and Consumer Finance Act 2003

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

98B: Order to disclose information or publish advertisement

You could also call this:

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

Illustration for Credit Contracts and Consumer Finance Act 2003

You can go to court if someone breaks the law. The court can make them tell people what they did wrong. They might have to pay to tell everyone. The court can make them do one or more things. They might have to tell the public something, or a particular person. They have to tell them in the way the court says. The court can also make them publish a statement to fix what they did. They have to publish it in the way and at the time the court says. You can go to court to sort this out with other things at the same time.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS347754.

This page was last updated on View changes


Previous

98A: Compliance orders, or

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


Next

99: Enforcement of consumer credit contract prohibited, or

"Lenders can't make you pay if they don't give you the right information."

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

98BOrder to disclose information or publish advertisement

  1. The court may, on the application of the Commission, make an order that a person do 1 or more of the things in subsection (2) if, in the opinion of the court, the 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. require that person, or any other person involved in the contravention, to disclose, at that person’s own expense, to the public, or to a particular person or to persons included in a particular class of persons, in the manner specified in the order, the information, or information of a kind, that is specified, being information that is in the possession of the person to whom the order is directed or to which that person has access:
    1. require that person, or any other person involved in the contravention, to publish, at that person’s own expense, in the manner and at the times that are specified in the order, corrective statements the terms of which are specified in, or are to be determined in accordance with, the order.
      1. The court may hear and determine an application under subsection (1) in conjunction with any other proceedings under this Act.

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