Takeovers Act 1993

Investigation and enforcement - Enforcement by court - General

38: Court may have regard to determinations and recommendations by Panel

You could also call this:

"The court can consider the Panel's decisions and advice when making its own decisions."

When you are in court for a matter related to takeovers, the court can think about what the Panel has already decided. The court can look at what the Panel said when it made a decision under section 32(3). The court can use this information to help it make a decision. The court can also think about what the Panel recommended when it was discussing a matter. The court can look at the Panel's recommendations when it is deciding whether to make an order under section 33I or 33K. The Panel might have made these recommendations during a meeting or at the court's request. The court can use these recommendations to help it decide what to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM326359.

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

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37: Interim orders, or

"Temporary decisions made by the court"

39: Orders directing disposal of securities, or

"Forcing someone to sell their shares"

Part 3Investigation and enforcement
Enforcement by court: General

38Court may have regard to determinations and recommendations by Panel

The court may, in determining any application under this subpart, have regard to any determination made by the Panel under section 32(3) relating to the matter concerned.
The court may, in determining whether to make any order under section 33I or 33K and the type of any such order, have regard to any recommendation made by the Panel either at any meeting of the Panel held for the purposes of section 32 or at the request of the court.

Notes

Section 38(1): amended, on 25 October 2006, by section 19(1) of the Takeovers Amendment Act 2006 (2006 No 48).
Section 38(2): amended, on 25 October 2006, by section 19(2) of the Takeovers Amendment Act 2006 (2006 No 48).