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Retirement Villages Act 2003

Dispute resolution, enforcement, and penalties - Enforcement and penalties

80: Injunctions may be granted by court for contravention of certain provisions

You could also call this:

"The court can stop someone from breaking the rules to keep people safe."

Illustration for Retirement Villages Act 2003

You can go to court to stop someone from doing something wrong. The court can stop someone from breaking rules like those in sections 25 to 33. You can ask the court to do this if someone is trying to break these rules. The court can change or cancel its decision at any time. If you ask the court to stop someone from doing something, the court might agree if it thinks the person will do it again. The court can make this decision even if the person has not done it before. The court can stop someone from doing something to prevent problems. You can ask the court to do this even if the person has not done it before or if they might not do it again. The court's decision can help keep people safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220941.

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79: Contraventions of certain provisions an offence, or

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Part 4Dispute resolution, enforcement, and penalties
Enforcement and penalties

80Injunctions may be granted by court for contravention of certain provisions

  1. The court may, on the application of the Registrar, a statutory supervisor of a retirement village, or any other person, grant an injunction restraining a person from engaging in conduct that constitutes or would constitute any of the following:

  2. a contravention of any of sections 25 to 33:
    1. an attempt to contravene any of those provisions:
      1. aiding, abetting, counselling, or procuring any other person to contravene any of those provisions:
        1. inducing, or attempting to induce, any other person, whether by threats, promises or otherwise, to contravene any of those provisions:
          1. being in any way directly or indirectly knowingly concerned in, or party to, the contravention by any other person of any of those provisions:
            1. conspiring with any other person to contravene any of those provisions.

              1. The court may, at any time, rescind or vary an injunction granted under this section.

              2. If an application is made to the court under this section for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the court may,—

              3. if it is satisfied that the person has engaged in conduct of that kind, grant an injunction restraining the person from engaging in conduct of that kind; or
                1. if, in the opinion of the court, it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind.

                  1. An injunction referred to in subsection (3) may be granted 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.

                  2. If an application is made to the court under this section for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the court may,—

                  3. if it appears to the court that, in the event that an injunction is not granted, it is likely that the person will engage in conduct of that kind, grant an injunction restraining the person from engaging in conduct of that kind; or
                    1. if, in the opinion of the court, it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind.

                      1. To avoid doubt, an injunction referred to in subsection (5) may be granted—

                      2. whether or not the person has previously engaged in conduct of that kind; and
                        1. whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.

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