Takeovers Act 1993

Investigation and enforcement - Enforcement by court - General

43: More than 1 civil remedy order may be made for same conduct

You could also call this:

"You can get more than one order for the same mistake."

Illustration for Takeovers Act 1993

You can get more than one civil remedy order for the same thing you did. The court can give you one type of order, even if you already got a different type of order for the same action. This means you can get multiple orders for the same conduct.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM326371.

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42: Court may require person to give evidence or produce documents relating to interests in financial products, or

"Court can ask you to share information about your investments"


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43A: Only 1 pecuniary penalty order may be made for same conduct, or

"You can only get one financial penalty for breaking the law in the same way."

Part 3Investigation and enforcement
Enforcement by court: General

43More than 1 civil remedy order may be made for same conduct

  1. The court may make a civil remedy order of one kind against a person even though the court has made another civil remedy order of a different kind against the person for the same conduct.

Notes
  • Section 43: replaced, on , by section 23 of the Takeovers Amendment Act 2006 (2006 No 48).
  • Section 43 examples: amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).