Plain language law

New Zealand law explained for everyone

Building Act 2004

Miscellaneous provisions - Other offences and criminal proceedings - Proceedings for offences generally

382: Terms of injunction or order

You could also call this:

“How the court can stop people from doing bad things and make sure they follow the rules”

The District Court can issue an injunction or make an order to stop someone from doing certain things that are against the law. This can include stopping them from doing something illegal, or making sure they don’t do it in the future.

The court can add any other terms to the injunction or order that it thinks are right. This means the court can make the order fit the specific situation.

If a building doesn’t follow the building code, the court can make an order against the owner of the building. This can happen even if the owner hasn’t broken the law about building work or dangerous buildings. It doesn’t stop anyone else from being held responsible too.

The District Court can change or cancel an injunction or order at any time. This means the court can update its decision if things change.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309034.

Topics:
Crime and justice > Courts and legal help
Housing and property > Home safety and repairs
Previous

381: District Court may grant injunctions for certain continuing breaches, or

“The local court can tell people to stop or fix unsafe buildings if no one else has done anything about it.”

Next

383: District Court may direct chief executive to make determination, or

“The court can ask the boss to decide on specific things”

Part 5 Miscellaneous provisions
Other offences and criminal proceedings: Proceedings for offences generally

382Terms of injunction or order

  1. An injunction may be granted, or an order may be made, under section 381—

  2. restraining the person concerned from engaging in the conduct described in section 381(1)(a) or (b) or (c); or
    1. for the purpose of ensuring that the person does not engage in that conduct.

      1. The injunction may be granted and the order made on any other terms that the District Court considers appropriate.

      2. In the case of a building that does not comply with the provisions of the building code, the injunction or order may be issued in respect of the owner of the building, whether or not the owner has committed an offence against section 40 or section 168, and without prejudice to the liability of any other person.

      3. The District Court may, at any time, rescind or vary an injunction granted or order made under section 381.

      Compare