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Building Act 2004

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

384: District Court may grant interim injunctions

You could also call this:

“The court can stop someone from doing something bad while it decides if they broke the law.”

The District Court can give you a temporary order to stop someone from doing something specific. This is called an interim injunction. You can ask for this when you apply to the court under section 381(1).

The court can give this order in two situations. First, if the court is sure that the person has already done the thing you’re worried about, it can order them to stop doing it. Second, even if the person hasn’t done it yet, the court can still give an order to stop them if the court thinks it’s a good idea.

It doesn’t matter if the court thinks the person will do it again or keep doing it. The court can still give the order to stop them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309036.

Topics:

Crime and justice > Courts and legal help

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

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

385: Application of section 381 to Crown organisation, or

“The District Court can stop a government group from doing something, just like it can for other people or companies.”

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

384District Court may grant interim injunctions

If an application is made to the District Court under section 381(1) for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the District Court may,—
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
if in the District Court's opinion it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind.

Subsection (1) applies whether or not it appears to the District Court that the person intends to engage again, or to continue to engage, in conduct of the kind referred to in that subsection.

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