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Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Enforcement - Civil liability - Injunctions

85: Performance injunctions

You could also call this:

"The court can order someone to do something they should be doing to follow the law."

Illustration for Anti-Money Laundering and Countering Financing of Terrorism Act 2009

You can go to the High Court if someone is not doing something they should be doing. The court can make them do it if they have refused or failed to do it. The court can only do this if not doing the thing would be against the law. You can also go back to the court to change or cancel the order. The court has the power to make these changes. This is how the court can make sure people follow the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2140962.

Topics:
Crime and justice > Courts and legal help
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84: Powers of High Court not affected, or

"The High Court's usual powers still work"

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86: When High Court may grant performance injunctions, or

"The High Court can force someone to do something they don't want to do."

Part 3Enforcement
Civil liability: Injunctions

85Performance injunctions

  1. The High Court may, on the application of the relevant AML/CFT supervisor, grant an injunction requiring a person to do an act or thing if—

  2. that person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do that act or thing; and
    1. the refusal or failure was, is, or would be a civil liability act.

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