Takeovers Act 1993

Investigation and enforcement - Enforcement by court - Pecuniary penalty orders and declarations of contravention

33N: Purpose and effect of declarations of contravention

You could also call this:

"What a declaration of contravention means and how it helps you."

You can use a declaration of contravention to help you get a civil remedy order under section 33I or a compensatory order under section 33K. This declaration means you do not have to prove the contravention. A declaration of contravention is conclusive evidence of the matters stated in it under section 33O.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM326335.

This page was last updated on 12 December 2025 — View changes

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33M: When court may make pecuniary penalty orders and declarations of contravention, or

"When a court can order you to pay a penalty for breaking takeover rules"

33O: What declarations of contravention must state, or

"What a court must say when it finds someone broke the takeovers rules"

Part 3Investigation and enforcement
Enforcement by court: Pecuniary penalty orders and declarations of contravention

33NPurpose and effect of declarations of contravention

The purpose of a declaration of contravention is to enable an applicant for a civil remedy order under section 33I or a compensatory order under section 33K to rely on the declaration of contravention in the proceedings for that order, and not be required to prove the contravention.
Accordingly, a declaration of contravention is conclusive evidence of the matters that must be stated in it under section 33O.

Notes

Section 33N: inserted, on 25 October 2006, by section 16 of the Takeovers Amendment Act 2006 (2006 No 48).