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Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Enforcement - Civil liability - Injunctions

86: When High Court may grant performance injunctions

You could also call this:

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

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

The High Court can make someone do something if they have refused or failed to do it. You might be made to do something if the court thinks you will refuse or fail to do it. The court's decision is based on what you have done or what you might do. The court can make this decision even if you do not plan to refuse or fail again. You can be made to do something even if you have never refused or failed before. The court will consider if someone will be badly affected if you refuse or fail to do something.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2140963.

Topics:
Crime and justice > Courts and legal help
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85: Performance injunctions, or

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

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"Stopping someone from doing something wrong with money"

Part 3Enforcement
Civil liability: Injunctions

86When High Court may grant performance injunctions

  1. The High Court may grant an injunction requiring a person to do an act or thing if—

  2. it is satisfied that the person has refused or failed to do that act or thing; or
    1. it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing.

      1. Subsection (1)(a) applies whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing.

      2. Subsection (1)(b) applies—

      3. whether or not the person has previously refused or failed to do that act or thing; or
        1. where there is an imminent danger of substantial damage to any other person if that person refuses or fails to do that act or thing.