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Takeovers Act 1993

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

33O: What declarations of contravention must state

You could also call this:

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

Illustration for Takeovers Act 1993

When a court makes a declaration of contravention, it must state some key things. You need to know the court that made the declaration. The declaration must also state which part of the takeovers code was broken, or if an exemption was broken, which term or condition was broken and which part of the code it relates to. It must state who broke the rule and what they did to break it. If a transaction was involved, it must be stated. The declaration must also state which code company the conduct related to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM326337.

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

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"The Maximum Penalty for Breaking the Law"

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

33OWhat declarations of contravention must state

  1. A declaration of contravention must state the following:

  2. the court that made the declaration; and
    1. the provision of the takeovers code to which the contravention relates or, if the contravention is of an exemption, both the term or condition contravened and the takeovers code provision to which the exemption relates; and
      1. the person in contravention; and
        1. the conduct that constituted the contravention and, if a transaction constituted the contravention, the transaction; and
          1. the code company to which the conduct related.

            Notes
            • Section 33O: inserted, on , by section 16 of the Takeovers Amendment Act 2006 (2006 No 48).
            • Section 33O(e): amended, on , by section 15 of the Takeovers Amendment Act 2010 (2010 No 88).