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Electricity Industry Act 2010

Electricity industry governance - Monitoring and enforcement - Code enforcement

51: Interim injunctions

You could also call this:

“The Authority can ask the court to temporarily stop someone from breaking the rules”

The Authority can ask the High Court for an interim injunction. This means they can ask the court to tell someone to stop doing something that breaks the Code, or to make someone do something the Code says they should do. This can apply to industry participants or other specified people.

The court can grant the injunction if they think it’s a good idea. They can do this even if the person hasn’t done the thing yet, or if there’s no immediate danger of big problems if the person does or doesn’t do the thing.

If the court grants an injunction, they can change or cancel it later if the Authority, any participant, or any affected person asks them to.

When the Authority asks for an interim injunction, the court can’t make them promise to pay for any damages. The court also can’t consider the fact that the Authority doesn’t have to make this promise when they’re deciding whether to grant the injunction.

The Authority can ask for an interim injunction at any time, no matter what the Act or regulations say.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2634386.

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Part 2 Electricity industry governance
Monitoring and enforcement: Code enforcement

51Interim injunctions

  1. The Authority may at any time apply to the High Court for the grant of an interim injunction—

  2. restraining an industry participant or a specified person from doing anything that is in breach of the Code; or
    1. requiring an industry participant or a specified person to do something in accordance with the Code.

      1. The court may grant the injunction if, in the opinion of the court, it is desirable to do so.

      2. Subsection (2) applies, in the case of an injunction under subsection (1)(a),—

      3. whether or not the participant or specified person has done, or omitted to do, that thing; and
        1. whether or not there is an imminent danger of substantial damage to any person if the participant or specified person does, or omits to do, that thing.

          1. The court may rescind or vary the injunction on application by the Authority, any participant, or any specified person affected by the injunction.

          2. The court must not require the Authority, as a condition of granting an interim injunction, to give an undertaking as to damages, and must not, when determining the application, take into account the fact that the Authority is not required to give such an undertaking.

          3. Nothing in this Act or the regulations prevents the Authority from seeking an interim injunction under this section at any time.

          Compare
          Notes
          • Section 51(1)(a): amended, on , by section 60(1) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
          • Section 51(1)(b): amended, on , by section 60(1) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
          • Section 51(3)(a): amended, on , by section 60(2) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
          • Section 51(3)(b): amended, on , by section 60(2) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
          • Section 51(4): amended, on , by section 60(3) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).