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Takeovers Act 1993

Investigation and enforcement - Enforcement by court - Injunctions

33G: When court may grant injunctions and interim injunctions

You could also call this:

"When can a court stop someone from doing something?"

Illustration for Takeovers Act 1993

You can get a court order to stop someone doing something if they have done it before. The court can also stop someone if it thinks they will do it again. You can get a temporary order to stop someone if the court thinks it is a good idea. The court can make these orders even if the person does not plan to do it again. You can get these orders whether or not the person has done it before or if someone will get hurt if they do it. The court can make a temporary order to stop someone even if they have not done it before, as long as the court thinks it is necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM326315.

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Crime and justice > Courts and legal help
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Part 3Investigation and enforcement
Enforcement by court: Injunctions

33GWhen court may grant injunctions and interim injunctions

  1. The 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 whether or not—

      4. the person has previously engaged in conduct of that kind:
        1. there is an imminent danger of substantial damage to any other person if that person engages in conduct of that kind.

          Notes
          • Section 33G: inserted, on , by section 16 of the Takeovers Amendment Act 2006 (2006 No 48).