Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Enforcement - Civil liability - Injunctions

88: When High Court may grant restraining injunctions and interim injunctions

You could also call this:

"How the High Court can stop someone from doing something that might cause harm"

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

You can go to the High Court to stop someone from doing something if they have done it before or might do it again. The court can stop someone from doing something if it thinks they will do it and it could cause harm. The court can make a decision quickly if it thinks it is necessary. You can ask the court to stop someone even if you are not sure they will do it again. The court can make a decision if someone might do something that could cause a lot of harm to someone else. The court's decision can be made quickly if it is needed to prevent harm. The court's rules apply whether or not someone intends to do something again or has done it before. The court can make a decision if someone might do something that could cause harm, even if they have not done it before. The court can act quickly if there is a risk of substantial damage to someone else.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2140965.


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87: Restraining injunctions, or

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Part 3Enforcement
Civil liability: Injunctions

88When High Court may grant restraining injunctions and interim injunctions

  1. The High Court may grant an injunction restraining a person from engaging in conduct of a particular kind if—

  2. it is satisfied that the person has engaged in conduct of that kind; or
    1. it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind.
      1. The court may grant an interim injunction restraining a person from engaging in conduct of a particular kind if, in its opinion, it is desirable to do so.

      2. Subsections (1)(a) and (2) apply whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind.

      3. Subsections (1)(b) and (2) apply—

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